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PARDON SERVICES CANADA > Forums > WAIVERS > Waiver, yes or no?
 

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Adam
    July 02, 2008 at 11:32 PM
Reply with quote#1

I was stopped at the border awhile ago, fingerprinted, and denied entry...yet, I have not committed any crimes in Canada. do I need a waiver if I choose to travel to USA in the future?
PSC Moderator
    Aug 12, 2008 at 09:48 AM
Reply with quote#2

Yes.

Unfortunately, if you have ever been denied entry to the U.S. you will require an Entry Waiver to re-enter the country.
Rick
    Aug 26, 2008 at 07:45 AM
Reply with quote#3

I have a couple of questions:
I received my pardon about a year ago (theft over - 1 conviction). Since my conviction i had never attempted to go to the USA, therefore i have never been denied entry. Would i have any problems travelling there by air?

From what i read - i should be fine, since i was never denied entry. But, since the US border officers have access to the CPIC database and i was in CPIC before i was granted a pardon, so the US could technically have my record in their file now - no? Do they only view in CPIC physical present individuals, or they download ALL the info and store it on their database, and then continuously do updates with new records. Do you know know how it works?

More precicely do you know anyone in the same situation as me, where: they were never denied entry to the USA, received a Pardon, got to the states by air and had problems or no problems?

I hope you can answer my questions - Many Thanks
PSC Moderator
    Nov 06, 2008 at 11:04 AM
Reply with quote#4

Hi there

Good question. The terms of the agreement between the U.S and Canada is such that they only access CPIC when prompted to do so by a request for admission by the Canadian in question. They do not download or copy the entire CPIC system's records.

When you attempt entry into the U.S., you are requesting the privilege to enter their country and thus you are implicitly subjecting yourself to their laws, including screening, for which they exercise their access to CPIC. If you have never given them cause to check, they will not yet be aware of your record. After your Pardon, you are the only source of information on your conviction.

Having said the above, there are extremely rare circumstances in which the U.S. could otherwise be aware of your record. One concerns having worked for a U.S. company that was aware of your record. The other concerns being named on a "known associates" list regarding gang activity. Such lists are shared cross-border in a separate arrangement between Canadian and U.S. law enforcement authorities.

The bottom line: it is your decision to make whether you disclose your record to the U.S. after receiving a pardon (having never been denied previously). They can and do deny entry based on statements concerning past illegal activities made when entering.
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