Waiver to Go to the USA

What is a waiver?

A waiver is a pass granted following an application filed with the U.S. authorities. This document allows you to cross the U.S. border without the usual consequences of having a criminal record.

A waiver to avoid bad surprises at the U.S. border

If you have been found guilty of, or have pleaded guilty to, a criminal offence, a customs officer may deny you entry at the U.S. border. Whatever the nature of your conviction, access to the United States may be refused. Such a situation can have serious consequences for you, your family, your clients, your employer, and so on.

When a customs officer decides to deny you entry, he or she has the power to open a file in your name and take your fingerprints. From that moment on, a waiver is always needed to cross the U.S. border.

A pardon or a discharge is not enough

The fact that you were granted a conditional or absolute discharge, or even a record suspension (pardon), does not guarantee your entry into the United States. Some steps must be taken before you reach customs to make sure your file meets U.S. requirements. Contact one of our lawyers to make sure you do not have to turn back when you arrive at the border. This applies whether you travel by sea, land or air.

Also, you may have crossed the border several times since a conviction that dates back several years. However, that does not guarantee that you will not be turned back on your next trip. Because U.S. customs officers have discretion to grant entry to Canadians with a criminal record, a waiver, also called a lifting of ban on entry, is an important insurance.

How to apply for a waiver to travel to the United States

Whether it is for a vacation or for work, one of our lawyers will handle your file. This way, you are assured that all the necessary documents and steps have been completed properly. Please note that an incomplete application submitted to the competent authorities will be returned and you will have to file a brand-new application. The second application will be treated as a new application: it will undergo the same processing times, and the same file review fees will have to be paid again.

Processing time can vary between 3 and 18 months, starting from the receipt of the application at the office of the competent authorities.

Please note that all criminal record suspension applications, as well as U.S. waiver applications, are completed by lawyers specialized in the field.

Call us right away to start this important process!

Montreal area: 514 990-7884
Other regions of Quebec: 1 877 990-7884

See also

• Criminal Charge
• Application for Record Suspension (Pardon) in Canada
• Avoiding a Criminal Record Through a Discharge