Can I Go to the United States with Criminal Charges Pending?

Some Canadians assume that as long as they have not yet been officially convicted of a crime, they are still allowed to travel to the United States. This is simply false! When a resident of Canada has been arrested for a crime but not yet convicted, for the purpose of immigration they can be considered inadmissible to the United States of America similar to if they were already convicted. The USA can consider all foreign aliens to be criminally ineligible for entry if they have a criminal trial under way, a warrant out for their arrest, or criminal charges pending. If a Canadian wants to enter the United States with a pending criminal charge, the only way they can legally avoid the risk of a border denial is if they have a valid US Entry Waiver.

If you are fighting criminal charges and expect to beat them, rather than apply for a USA Travel Waiver it may be easier to simply avoid America until your case is squashed. For example, if a resident of Canada gets charged for possession of a controlled substance, but the drugs belonged to someone else who will be admitting to the crime, the individual will often just stay away from USA until their charge is dropped or dismissed, or they are found "not guilty" in court. Unless someone is in a rush to enter to the United States, it is usually best to wait after your trial date before applying for an Admissibility Waiver.

If a Canadian requires emergency entry to the US while waiting on a criminal verdict, their only option is to apply for "humanitarian parole" which is how Canadians with a criminal record enter USA for urgent reasons (must be a valid emergency to get approved). US Border Patrol has full access to Canadian criminal databases, and visitors from Canada attempting to cross the US border with pending charges or a bench warrant can be automatically flagged when their passport is scanned into the system.

Questions about entering the USA while waiting for a criminal trial? Contact us now for a free consultation!