Each day the number of Canadians trying to deal with the effects of drug offences increases. The concerns over keeping their employment, or housing, are the most immediate. But did you know that your ability to travel outside of Canada could also be seriously impacted if you are dealing with drug offences in Canada?
If you are facing drug offences in Canada, here is what you need to know.
Entry into the United States
It is illegal to enter the United States, from Ontario or any border crossing across Canada, when you have a criminal record unless you have immigration status, or you have been given an immigration waiver. It can be a criminal record from a number of offences including drug offences in Canada listed in the U.S. Immigration and Nationality Act as crimes of moral turpitude.
Therefore, when you are found guilty of drug offences in Canada, you will be denied entry into the United States. Anyone with a criminal record can be denied entry. For these offences, no matter how severe the charge was, or how old the charge is, you will still be denied entry.
You might think that just because you have an older drug offences in Canada that have been pardoned, you are free to enter the United States. This is not the case. The United States does not recognize Canadian pardons and you could still be sent back to Ontario.
The only exceptions are: 1) if you were charged as a juvenile under the age of 18, usually you will then be let through; 2) your charges were withdrawn after you completed a diversion program; or 3) you were granted an absolute discharge (not to be confused with a conditional discharge that includes probation).
You were denied, now what?
The first time you are denied entry, you will likely be returned to Canada and advised of your right to get a waiver. You can be held, interviewed and fingerprinted before release. The second time, however, you can expect more severe treatment since you are knowingly breaking US law by trying to enter again.
For example, you can actually have your property seized by immigration officers, in particular the car that you are driving in, or your airline ticket voided so you cannot get cancellation fees back.
Fortunately, after the first time that you have been sent back across the Ontario border, you still have options to get back across the US border, particularly if it involves your work. While you should contact a criminal defence lawyer to fully understand your charges and the basis for the denial for entry, you can then proceed to apply for a non-immigrant waiver.
Non-Immigrant Waiver
This waiver is issued by the US Department of Homeland Security and it allows you to cross the border for a limited time. You might have to keep reapplying for years, even if your record is pardoned in Canada. It is a lengthy and involved process, so apply as early as you can.
If you are facing drug offences, you should know that a conviction can drastically alter the course of your life, including your freedom to travel. Contact Donna V. Pledge, Toronto criminal lawyer, for an appointment today.
Leave a Reply