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U.S. Entry Waivers Necessary Due to New Law - See if you qualify →
US Customs Pre-Screening Travellers Before Ever Visiting the US
Starting December 1st 2010, Canadian travel agents now require the passport information of all travelers prior to their leaving the country. This is due to the existence of a new central database, created at the behest of the US Department of Homeland Security (DHS) working in tandem with United States Customs and Border Patrol.
Once the Canada passport information is collected by the travel agencies, it is forwarded to the new central database. The DHS accesses this information and uses it to pre-screen all travelers to ensure that they are eligible to enter United States territory. They also keep a copy of this information in their own records for an indeterminate length of time.
US Entry Waivers (Waiver of Ineligibility)
If you have a criminal record, and the crime is considered by the US customs to be one of moral turpitude, you are automatically not allowed to enter their country, unless you have obtained a US Entry Waiver (Waiver Form I-192).
The DHS is collecting this information so that, in future interactions with US Customs and Border Protection, they will know ahead of time which travellers have criminal records (and thus require US entry waivers to be allowed in) and which don’t. Note that a flight that simply stops over in Miami, for example, is considered “travel to the US” by US Customs.
It should be noted that they are collecting this information regardless of where you are currently travelling. The DHS justifies this by claiming that the data is necessary for national security.
If you are in need of a US Entry Waiver, don’t delay. The wait times are long and the DHS constantly changes the procedures necessary to get one and their attitude regarding granting them. Apply now.
Bill C23-B, which will change pardons to record suspensions and thusly alter the landscape of criminal records drastically, is currently being considered in the House of Commons and has been sent to Committee for review. Among the changes that this bill will force are:
Those convicted of certain offences who are currently eligible for a pardon will be ineligible for a record suspension
Convictions on 3 or more indictable offences will render a person immediately ineligible for a record suspension for their entire life
o Note that one criminal act often involves 3 separate indictable offences.
The Parole Board of Canada (PBC) will be given absolute authority to grant, deny, suspend and revoke record suspensions at their discretion
o One single individual will be given decision making powers for all record suspension hearings
The burden of proof will be placed on the applicant to prove that the bestowal of a record suspension would not bring the administration of justice into disrepute
What does all this mean?
Well, the bill realistically only has to pass 2 more steps (Committee and Third Reading) before it is codified as law (it is rare that the Senate or Governor General deny a bill after it has passed the House of Commons).
It also means that, due to the PBC having to determine whether an applicant is actually worthy of receiving a record suspension, the process of applying and being approved for one will take much longer than the current pardon application process.
Finally, and most importantly, Bill C23-B will take immediate effect the day it is signed into law. From that moment on, pardons will no longer be granted.
Luckily, there are 2 facts to keep in mind:
No one knows for certain when the bill will pass, so there is still time to apply for a pardon.
Bill C23-B is not retroactive, meaning that if you have been granted a pardon before the bill becomes law, you will still enjoy all the benefits and privileges associated with having been pardoned.
It isn't too late to apply for a pardon and clear your criminal record, but if you have been convicted of certain offences or 3 or more indictable offences, it may soon be. Apply now and free yourself from the worry and anxiety and get back to living your life the way you want to.
Keep up-to-date by reading our blog, which we will be updating with any and all information related to Bill C23-B and record suspensions: Canadian Pardons Blog.
Our knowledgeable and experienced staff will answer all of your questions and ensure you feel comfortable with the entire Canadian Pardon and U.S. Waiver application processes.
Contact us today for a free no-obligation consultation!
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