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Crossing the US Border by Land or Air

Is it safer to cross the border by land or air? This is a question I’m frequently asked by would be travellers who have a criminal record but don’t want to process a United States entry waiver. What they mean by “safer” is crossing comes with a better chance of not getting caught.

The reality is that it doesn’t matter. If you have a criminal record you will most likely require a United States entry waiver in order to cross the border legally. There are some exceptions but generally speaking a criminal record will get your turned around at the border, or worse.

Still I talk to a lot of people who are convinced that travelling by land will make it much easier to “sneak” in. This is because many people cross the border with a criminal record for years without having any trouble.

While I think it’s safe to say that security is heightened at the airport it’s not safe to say that if you cross at a land border you will not have trouble. The reality is that if you have a criminal record you need to make sure on of the following criteria apply to you:

  1. Your criminal record is NOT an admissible offence.
  2. You are in possession of a valid United States entry waiver
  3. Your criminal record is sealed (ie you received a pardon) and is not accessible by American border guards.

If you don’t fit one of the above criteria you are at risk of refusal when trying to enter the United States. Depending on the reason you need to travel south of the border this could end up being a very costly mistake. For example, if you have been sent down south for work purposes there is a very real risk of losing your job if you are deemed inadmissible at the border. If nothing else the incident will reveal to your employer that you have a criminal record.

It’s best to be sure. Get your pardon or get your United States entry waiver or both. Once those steps are complete you can travel freely without worrying, either by land or by air.

 

About Michael Ashby

Michael Ashby is Co-Founder and Communications Director for the National Pardon Centre. Get in touch with Michael by sending an email to mashby@nationalpardon.org or calling extension 227.Michael Ashby est le co-fondateur et le directeur des communications au Centre du Pardon national. Contactez Michael par email au mashby@nationalpardon.org ou par téléphone au poste 227.

One Comment

  • Hadi says:

    Question1:
    I have told before to Canadian Border that I was never arrested or charged with a criminal offense. My question is that Can i say to the US border or Canadian Border that i have never been arrested before, or charged before for a criminal offense? I never been to US before, its my first time. And i have received a full pardon, all information was destroyed in front of me. But when i want to get a level 3 clearance from my local police department. I told them i was arrested and charged with Mischief under $5000. They took 7 days to process my police clearance with showed i have no criminal offenses.
    Question2:
    I want to make sure the court or prisons i was contained at for few days don’t have any record of my criminal history. Will I be able to verify if they have any information about me when I certify a set of fingerprints with the RCMP.
    Question3:
    How can i go through the procedure of certify a set of fingerprints with the RCMP?
    Question4:
    What are the costs associated with going through the procedure of certify a set of fingerprints with the RCMP.

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