Can I Go to the USA with a Criminal Record If It Is an Emergency?

If you live in Canada and have a valid emergency justification for requiring entry into United States, special considerations may be given. One of the most prevalent reasons that requires immediate travel to USA from Canada is to visit an ill family member or to attend a funeral. A discerning US Immigration lawyer can easily advise clients on whether their distinct situation qualifies for emergency entry via what is known as "humanitarian parole". US Citizenship and Immigration Services (USCIS) grants humanitarian parole to Canadians who require fast entrance to the US but do not already have a US Entry Waiver to overcome their criminal inadmissibility. In most cases, the Department of Homeland Security requires an individual to have a US Waiver application pending, so if a person has not already applied for an Entry Waiver they need to do so in order to be granted emergency entry to the USA.

If your reason for wanting to visit the United States is not urgent, such as a leisure vacation to NYC or bachelor party in Las Vegas, then your chance of being successfully granted parole goes down. The US Government generally only grants Canadian travellers with a criminal record expedited entry into the country if the person's circumstance is genuinely an emergency, but does not specify exactly which situations are considered an emergency and handles all applications on a case by case basis. Examples of situations that warrant special consideration include a documented family death, a family member with a significant illness or major health issue, children or a spouse living in America, or because the person lives or works in the United States (they have a H1-B visa or Green Card but are not a US citizen) and were only recently charged with a crime.

Other reasons a Canadian with a criminal record may need to enter USA fast include a wedding or business commitment, paying for a vacation before realizing you were ineligible for US entry (with no refund possible), job training south of the border, or the ownership of real estate in the USA (such as the many Canadian "snowbirds" who own a home or condo in Florida or Arizona). Regardless of your exact reason for petitioning for emergency entry, if you are criminally inadmissible to enter the country and do not have a valid US Entry Waiver, then humanitarian parole is the only legal way to get into the US. There is no faster way to obtain a US Waiver for quick access to America than through a qualified lawyer.

Expedited Waivers

When working with a United States immigration lawyer, it is now possible to request an expedited USA Travel Waiver via the Department of Homeland Security's e-SAFE portal. This can reduce the government processing time for an I-192 Waiver application to 170 days or possibly even less, compared to normal processing which can take as long as 12 months. Consequently, if your situation is urgent but not a major emergency, it can be possible for a Canadian citizen with a criminal record to gain access to the USA in a timely manner even without qualifying for humanitarian parole.

How Fast Can I Get a US Entry Waiver?

If a Canadian citizen wants to gain access to the United States quickly, but does not qualify for emergency admission, the fastest way for them to apply for US Waiver access is typically via the eSAFE portal. This can potentially reduce the government processing time by more than 50%. Processing times can increase and decrease based on a variety of factors including application volume. If you want to know more about current I-192 Waiver processing times please give us a call.

Are you a Canadian resident with a criminal past that needs into USA urgently? Contact us immediately for a free consultation!