Pardons Canada – Bill C-42 – Travelling with a Criminal Record Has Become Even More Difficult

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Traveling to the US has become even more difficult as the Americans are now asking for the names of all travellers even flying over their airspace. So if you are traveling to the Caribbean, you can be flagged by the Americans if you have a criminal record.

Its important to get a pardon/record suspension so that you will be safe to travel wherever you like in the future.

If you have been denied entry to the US then you will need a US Entry Waiver (I-192 and I-194).

Here is more information about Bill C-42:

This week, the Montreal Gazette reported that the United States wants access to Canadian data that shows exactly who is flying over their airspace, even if the flight does not land on American soil. Under authority that will be granted to the Minster of Transport with the passing of Bill C-42, Canadian airlines will release the name, date of birth and gender of the all passengers on flights over the United States to U.S. authorities. This move would give the United States Homeland Security personnel final approval over who will be allowed to board an aircraft in Canada should that flight pass merely pass into United States airspace. While this may seem to be a relatively harmless idea, should your name appear on their watch list in error because it is similar to the name of someone actually on the list which is rife with errors, you could be prevented from boarding a flight to Cancun or Europe or you could be subjected to questioning or delay. As well, this takes information requests by the United States in the name of security one step further into Canada’s sovereignty.

Bill C-42 changes Canada’s Aeronautics Act; it will allow airlines to communicate passenger information to foreign countries, but more specifically the United States, in compliance with their Secure Flight Program. As it stands now, Canadian airlines are only allowed to give out this information to American authorities should the plane in question actually be landing in the United States. As part of the current ticketing process, Canadian airlines are required to register all passengers 72 hours prior to departure for flights landing in the United States with the Transportation Security Administration’s Secure Flight Program, developed by the Department of Homeland Security. If your name should appear on their watch list, you will most likely not be given a boarding pass for your flight, however, the ultimate decision is in the hands of the Canadian airline.

Pardons Canada – Retired Couple Gets Denied Entry to US for 40 Year Old Pot Charge

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We receive hundreds of email and phone calls each week from Canadians who have been denied entry to the US because of a criminal record. In many cases, the people have been traveling to the US many times but a random criminal check at the US border by one customs agent turns their travel into a nightmare.

If you have been refused entry to the US then you will require a US Entry Waiver or I-192 to re-enter the US. The Americans will decide how long the waiver is good for. The process is costly and time consuming to obtain a US Waiver but it is possible to obtain if you have been refused entry to the US.

If you already have a Canada Pardon and have never been stopped at the US border it is unlikely you will need a US Entry Waiver, though we do hear of odd circumstances where a person is refused entry even after a pardon has been granted.

Here is an email we received today from an elderly couple who was denied entry to the US:

“My husband had a charge 40 years ago in Prince George BC for smoking a joint. He was 25 and now he is 64 with a successfull career behind him.”

“He has since worked and traveled in the US on business over these years, for a major Canadian company connected to the US and has never been refused access.”

“We were just refused access yesterday to the US during a random search by an agent, for a holiday in Arizona. Last year we went through the same border with the same info and there was no problem. We feel very violated, because this officer tried to antaginize my husband and myself.”

“This is so sad. we are descent and contributing citizens. When we crossed back into Canada at the Sumac border, our Canadian agent said he sees this all the time. he was very supportive of us.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – US-Canada Border Deal Will Make Border Crossing Even Tougher

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Currently the Americans are doing random criminal checks with Canadians crossing the US Border but soon criminal checks may be done for every Canadian crossing the US Border.

If you have a criminal record and are stopped by the Americans at the US Border you will be denied entry to the US and you will require an I-192 or US Entry Waiver to return to the US. These applications are complicated and expensive and are required for the rest of your life.

If you have not been stopped at the US Border, its a good idea to first obtain a Canada Pardon or file destruction to remove your criminal record from the RCMP files so that you will not be stopped at the US Border in the future.

Even if you have been charged for a criminal offence but the charge was later dismissed, withdrawn, stayed, absolute or conditional discharged, your file can be seen by the Americans and you may be subject to denial at the US Border.

Here is a recent article from the Toronto Star titled “Border Deal Fuels Concerns in Canada” that highlights how the Americans and Canadians are getting even more strict at the US-Canada Border.

http://www.thestar.com/news/canada/politics/article/1094483–border-deal-fuels-concerns-in-canada

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – A 40 Yr. Old Criminal Conviction Can Prevent You From Traveling to the US

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Each day we recieve calls from distressed Canadians who have been turned away at the US border because of old criminal charges and convictions.

Even if you have traveled to the US one hundred times, you may still be denied entry if a particular US border official decides to do a random criminal check.

If you are denied entry to the US then you will require a US Entry Waiver (I-192) to re-enter the US. The process of obtaining a US Waiver is complicated and can be expensive.

To avoid the need for a US Entry Waiver you may obtain a Canada Pardon or File Destruction which will remove your criminal record from CPIC which is the database that the Americans search when doing a criminal check. However, once you have been denied entry you will need a US Entry Waiver no matter whether you obtain a Canada Pardon or not.

Here is a letter from a client we recently helped to obtain a Canada Pardon so that they would not need a US Waiver:

“It feels great to have this pardon.”

“My son is studying and playing baseball in the US and I was crossing the border to see him when a border official asked if I had a criminal record, to which I lied and answered no.”

“I became very nervous because I had a criminal record from when I was only 18 and I’m now 60 yrs old and retired.”

“I decided to obtain a pardon in order to save face with my son and his girlfriend.”

“I feel so much better now that I have the pardon so I can feel good about crossing the US border without any worries and not have to lie to the police officer and think that they will turn me back.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – If you have a Pardon, be careful when crossing the US Border

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We help Canadians each day to obtain Canada Pardons in order to clear up old criminal charges so that they will be safe for work and travel purposes.

Below is a real life experience of someone crossing the border with a Canada Pardon but still ran into issues at the US Border:

“A short time ago my boyfriend and I were trying to enter the US for a day of shopping. The Border partrol officer asked us if either of us had been to court before. He replied honestly and said yes he had. Upon a couple more questions we were asked to come inside their office for a few more questions.”

“He had received his pardon quite a few years ago in Canada. The officer told us that they could not find anything or any record of his charge.”

“We were still refused entry that day but told to bring up all of his court record plus his pardon to their office for review. Two days later we returned to their office with his pardon. He went to our Court records office in Canada to get copies to bring to the officer but was told that once a pardon has been issued they do not issue any court papers. The customs officer would accept his pardon papers.”

“The customs officer would not accept his pardon papers and still refused us entry to the States. My boyfriend asked the officer “Should I just had lied and said no that I had not been to court?” The response was a shrug of his shoulders and head – more or less informally saying yes to us.”

“We did not know that we should had answered no to their the original questions and that his pardon would have removed everything from his record so they could not locate any record on his file.”

“Now he is not allowed to enter the US without paying over $500 for the application process. Is there anything else that we can do to get through this process. Neither he or I have that extra money. Is this just one officer being a little over zealous with us?”

“Any information that you could give us or help would be greatly appreciated.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – A Theft Under Conviction From 1977 Can Show Up at the US Border

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You may have traveled to the US many times in your life without incident at the US Border, but if you have any past criminal activity (including a conditional or absolute discharge, withdrawn, stayed or dismissed criminal charge) you may be surprised one day by a US Customs Agent who decides to do a random criminal check.

Once the Americans know about your criminal record they can choose to refuse you entry or delay your travels with intensive questioning. Either way, you want to avoid this embarasing and painful situation if you can before it happens to you.

If you have been denied entry to the US, then you need a US Entry Waiver or I-194 to return to the US. Obtaining a US Entry Waiver requires a complicated and somewhat expensive application to be submitted to the DHS (Department of Homeland Security).

If you have not been denied entry but have been fingerprinted for a criminal charge, regardless of whether you have been convicted you should apply for a Canada Pardon or File Destruction before traveling to the US.

Here is a recent email we recieved from a distressed traveler who was questioned at the US Border because of a Theft Under Charge in 1977:

“I am a business owner, own and operate a business in Calgary Alberta, and another in Arizona, I also own a home in Arizona.”

“I have been traveling back and forth to the US with no issue, until last weekend, on the 16th of Sept. 2011.”

“I was going to Arizona for the weekend, at the airport i was subject to secondary screening and the immigration officer said i had a conviction from 1977, putting me at the age of 17. I now recall the incident, it was theft under 50 dollars. and again i was only 17.”

“The US Border agent stated that i absolutely needed this cleared up before being allowed entry again.”

“This leaves me in a very bad situation, if i cannot return what do i do about my home? and also my business? I have invested approx. 1 million in the business in the US, and purchased my home for 780,000.00 cash. Also i have up to 20 American employees, do i lay them off? as i cannot over see my operations. Any help would be greatly appreciated.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – Denied Entry to US Because of Criminal Record?

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If you have a single criminal charge you can be turned away at the US Border, even if the charge has been withdrawn, dismissed, stayed, conditional or absolute discharged.

Each day we receive many phone calls from Canadians who are in shock that they have been turned away at the US Border because of old and small criminal charges. They may have entered the US many times in the past without incident but it just takes one customs officer to decide to run a criminal check and they you will be denied.

Once denied entry to the US you need a US Entry Waiver (I-194, I-192) to re-enter the US. The process to get the waiver is costly and takes time.

If you have not been denied entry to the US, you may obtain a Canada Pardon first, then try crossing the US border as its unlikely they will see the criminal record once pardoned.

The following article recently published in the Montreal Gazette, highlights the issues with crossing the US Border with a criminal record, its titled “Job or not, you can’t buy your way past Canadian Border Control”:

http://www.montrealgazette.com/your+past+Canadian+border+control/5418996/story.html

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011 or 416-929-6011.

Pardons Canada – Being Fingerprinted for a Criminal Charge Can Affect Travel to the US

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Many people believe that if they have been charged for a criminal offence but not convicted, in other words if the charges were withdrawn, stayed, dismissed, absolute or conditional discharged, then they are still safe to travel. This is simply NOT true.

If you have been fingerprinted for a criminal offence, even if its been later withdrawn, the Americans can still see that you have been in trouble with the police and give you hassles at the border.

It is important to get a file destruction to remove your prints, photos, court and police information from public record in the event your criminal charges were withdrawn, stayed, dismissed, absolute or conditionally discharged. Then you will be safe to travel to the US without hassle or worry of being turned away.

If you are applying for a NEXUS pass you MUST also get a file destruction to avoid your application being rejected.

If you have been convicted of a criminal offence then you will need a Canada Pardon to remove your criminal record from public record and then you will be safe to travel without worry. However, if you have already been stopped by the Americans at the border and refused entry then you will need a US Entry Waiver to return to the US.

Here is an email we recieved today from a client who was questioned at the border and almost denied entry even though his criminal charges were withdrawn and dismissed:

“I was falsely charged back in March in London Ontario. The charges were later withdrawn but i was still held overnight, photographed and fingerprinted.”

“As i was entering the states yesterday i was given trouble at the border and questioned about my arrest and almost not let in even though the charges were withdrawn.”

“I’m a citizen of Lebanon and I need to renew my student visa in November and i don\’t want any of this to affect my chances at a new visa. I would like to know the procedure of your services, how it would benefit me and how fast this can happen.”

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.

Pardons Canada – New Employees and Volunteers Facing Delays with RCMP Criminal Background Checks

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Most employers in the country are requiring that you pass a criminal check before being hired. The same holds true for volunteers applying for a volunteer position. Because of a new law implemented July 2010, there has been significant delays in processing the RCMP files for criminal backgrounds.

These delays are a result of a new law passed in July 2010 that requires all individuals who have the same birth date and name as a convicted sex offender to be scrutinized for employment and volunteer positions no matter whether they have had a criminal past or not.

The RCMP is now severely backed up with criminal background check requests and cannot process them within a reasonable time frame.

This is also affecting those individuals with absolute or conditional discharges as well as criminal charges that have been withdrawn, dismissed, stayed, or diversion as employers can STILL see that they have been in trouble with the police (ie fingerprinted) and require further information from the RCMP.

For those applying for Pardons and US Entry Waivers, this has also caused a delay as it is taking longer to receive the RCMP file which is one of the crucial steps in obtaining a Canada Pardon or US Entry Waiver (I-194, I-192).

Below is a good article for the Londoner entitled “New RCMP Rule Bottlenecking Volunteers”, but to be sure, its not only bottlenecking volunteers but also Canada Pardon applications and US Entry Waivers:

http://www.thelondoner.ca/ArticleDisplay.aspx?e=3158889

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.

Pardons Canada – No Matter How Old the Criminal Charge You Can Still Get Refused Entry at US Border

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We receive hundreds of calls each week from Canadians who are shocked that they have been refused entry to the US because of a criminal conviction that is decades old.  Even if they have gone back and forth to the US hundreds of times in the past, it just takes one customs office to decide to do a criminal check and change your life forever.

If you have been refused entry to the US, you will need a US Entry Waiver (I-194, I-192) to re-enter the US.  This process is complicated and can be expensive.  It is recommended that you seek our guidance in completing this application.

If you have not been refused entry to the US but do have a criminal record, or even if you have been fingerprinted for a criminal charge but not convicted (charges were withdrawn, dismissed, stayed, diversion, absolute discharge or conditional discharge) you should obtain a Canada Pardon or file destruction to remove the charges from public record before traveling to the US.  Often, once the criminal charges are removed, you should be safe to travel to the US without a US Entry Waiver (I-192, I-194).

Here is a recent article in the Toronto Sun titled “Man Turned Away at US Border Over Decaded Old Charge”, which highlights the perils of traveling to the US with a criminal record, no matter how small and how old it is:

http://www.torontosun.com/news/canada/2011/03/16/17643271.html

If you have any questions regarding this topic or about Pardons and US Entry Waivers email us at info@pardons.org or call 1-877-929-6011.