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NEWS FLASH!

An estimated 3,000,000 Canadians can no longer freely enter the United States

Canada and the United States share the world's longest undefended border. It is now estimated that over 200 million individuals cross the border each year.

Unfortunately, many Canadians do not make adequate preparations before traveling into the United States. As a result they are often detained for hours and then refused entry. When a senior family member is refused entry it often leads to the cancellation or rerouting of the entire family vacation.

The most popular reason why Canadians are refused entry into the U.S. is because they have a criminal record. If you have a criminal record, no matter how minor or how long ago the offense was committed, you can be refused entry into the United States.

As long as you have a criminal record U.S. Customs and Border officials can access the information through CPIC, (Canadian Police Information Centre), a centralized database that stores information about criminal charges and convictions in Canada. Upon accessing your criminal record U.S. Border officials will automatically download the information into an FBI data bank where it will remain indefinitely. All U.S. ports of entry have access to CPIC, and are connected to the FBI's information gathering network.

According to Statistics Canada, nearly 10% of Canadians have a criminal record, including about 600,000 who have been charged with illegal marijuana possession. With a population of 31 million people this means about 3 million Canadians can no longer freely cross the border into the United States.

If you have a criminal record and are interviewed by U.S. Customs, they will most likely refuse you entry and tell you that you need to obtain a Waiver of Ineligibility (American INS Waiver). To inquire about getting a Waiver of Ineligibility you can contact your nearest U.S. Department of Homeland Security Citizenship and Immigration Services (USCIS) port of entry. This should be done well in advance of making any travel plans that involve entering the United States. Currently it takes from 10 to 18 months for USCIS to process a Waiver of Ineligibility, depending on which US Department of Homeland Security office receives your application.

A Waiver of Ineligibility (American INS Waiver) is a six-part, eight-page document that must be submitted with 2 sets of certified fingerprints, well in advance of one's intended date of entry. There are substantial fees involved (currently $545.00 USD) plus police fingerprinting and criminal record search fees.

For many Canadians, preparing a Waiver of Ineligibility (American INS Waiver) application can be a very time consuming and frustrating process. In fact, the first step in the process, which is to get a certified copy of your criminal record from Ottawa, can take up to 9 months. The reason for this delay is that since 9/11 the RCMP Civil Fingerprint Screening Services in Ottawa have been swamped with certified criminal record applications. Although the Federal Government increased their funding in March of 2000 by 584 million dollars, since 9/11 the money has gone in other directions and so far the RCMP haven't been able to hire enough staff to cope with the workload.

The same thing is happening south of the border when it comes to the FBI scanning fingerprints into their system and running a criminal record search on every applicant. Because the FBI's Criminal Justice Information Services Division is now receiving close to 50,000 sets of fingerprints each day, it is now taking them 6 to 8 months to process them.

Another thing that is slowing the system down is the large number of people who are trying to obtain a waiver on their own but who make mistakes on their application. Each time an application contains errors and/or omissions USCIS staff have to prepare and mail out a letter to the applicant explaining the problem and the solution. On average it takes 3 months to receive such a letter, and another 3 months to resolve the situation.

According to the wide gap in the amount of applications received by USCIS offices as opposed to those successfully processed, many people who have applied on their own have fallen victim to what seems to be a system that was designed to confuse and infuriate applicants. Ultimately, this has resulted in the applicant giving up and making alternate travel arrangements. Of course one can always find a lawyer to prepare the application, however, for most people the high cost is prohibitive.

Professional assistance at a reasonable cost can be found in a small but growing number of paralegal firms located across Canada. One such firm is called Alberta Pardons, a paralegal firm based in Edmonton that specializes in preparing Canada Pardon Applications and U.S. Entry Waivers (Waivers of Ineligibility).

Shawn Corey, Communications Director of Alberta Pardons says, "We set up a secure online system that makes it very easy for someone to apply for a U.S. waiver or a Canada pardon. Our staff is very courteous and works hard to see that each application is prepared in the best possible way, in order to achieve the best result." Alberta Pardons also has a tracking system that tracks each application and prevents delays if and when the application process changes due to ever increasing security precautions.

Delays are very common when people try to prepare an application on their own without doing their homework. Shawn Corey says, "Every week we receive applications from people who started to apply on their own but who gave up after seeing how complex and ambiguous the process is."

Another big complaint is that it takes so long to gather all the documents needed. The reason for this is because the federal government systems in place are simply overloaded. One MP that has received dozens of complaints is John Reynolds, MP West Vancouver-Sunshine Coast-Sea to Sky Country. He says the Federal Government and the opposition are aware of the backlogs, and they are working to try and resolve the situation. However, until the RCMP Civil Fingerprint Screening Services division receives more funding from the Receiver General for Canada, the collector of the $25.00 fees, there isn't much anyone can do.

Finding out that you need a US waiver can be a traumatic experience. Shawn Corey says, "We've gotten many calls from people who tell us how they were taken off airplanes and told they weren't welcome in the U.S. because they have a criminal record. Others get escorted from their vehicles, and after a lengthy interview they're told they can't enter without a waiver." In both cases border officials warn the person that if they try to enter the U.S. again they can be arrested and held in a CIS facility for up to 3 weeks. In fact, people trying to drive across the border without a waiver can have their vehicle seized along with its entire contents.

One horror story Shawn recalled involved a couple going to Las Vegas to get married. The couple had made all their reservations and had many family members and friends already checked into hotels. They also had 2 first-class flights out of Las Vegas to Hawaii, where they were to spend their honeymoon. Everything was going well until they got to the airport and tried to board their flight to Las Vegas. There the couple was stopped, interviewed and then told they couldn't board the airplane. The couple pleaded with the U.S. Customs and Immigration officers telling them of all their travel plans, reservations, etc. but in the end they both went home, and then had to explain to their friends and family why they couldn't attend their own wedding. To make matters worse, they found out later that they wouldn't get a refund for some of the reservations they had made, which cost them several thousands of dollars.

As bad as this story sounds, it could have been even worse. Under new U.S. laws, any alien who attempts to illegally enter the U.S. can be held for up to 3 weeks in a CIS facility, without the right or privilege of contacting their lawyer. Any other occupants who are traveling with the illegal entrant can also be subjected to the same treatment. All visitors to the United States should be aware that the driver of a vehicle can be held responsible for the ineligibility of passengers, regardless of prior knowledge or association.

Shawn went on to say, "Oddly enough, people with DWI charges are usually allowed to cross, however any illegal possession of drug charges are flatly denied." In a country where an estimated 600,000 people have been charged with illegal marijuana possession, this is not welcome news. Furthermore, with the United States' No Tolerance Anti-Drug Policy it doesn't matter how long ago the charge was or what amount the person was caught with. If your record shows an illegal possession of drugs charge, you can expect a 1.5 to 2 year wait before you can enter the U.S.

Since 9-11 many truck drivers are now being turned back because they have a criminal record. In many cases it has caused long delays in shipping company products, which has lead to lost profits and additional expenses.

One thing every air traveler needs to know is that the United States Government has imposed a requirement that all airlines operating flights into the United States collect detailed information from every passenger prior to boarding. The program is called the Advance Passenger Information System (APIS). APIS demands that all common carriers entering the U.S. collect information which includes the passenger's full legal name, gender, date of birth, nationality and travel document number. As a condition of travel, all passengers traveling into the United States, or in transit through the United States, must provide this information prior to boarding the carrier. APIS is part of the many increased security measures implemented by the United States after September 11, 2001. The information is provided to the U.S. Customs and Border Protection (CBP) Service well in advance of the carrier's departure, which allows CBP officers to run the names of every passenger through CPIC. Anyone who appears to have a criminal record is taken to a CBP facility and thoroughly interviewed. Most passengers end up being fingerprinted, having their photo taken and then being denied entry.

As of December 11, 2001, Canadian children traveling to the U.S. now need their own passport. However, if you hold a valid Canadian passport issued before December 11, 2001, that bears the name of your child, the passport remains valid for both you and your child until it expires or until your child reaches the age of 16, whichever comes first. For more information or to apply for a Canadian Passport visit the Canada Passport Office.

If you have a criminal record and you have at some point been interviewed by U.S. Customs and Border Protection you will most likely require a Waiver of Ineligibility in order to legally enter the U.S.. If you are a do-it-yourself kind of person who is detail-oriented and can follow instructions provided by persons hired in part to prevent foreign criminals from entering their country, you can apply for a waiver by contacting the U.S. Department of Homeland Security's Citizenship and Immigration Services (USCIS) office serving your area. General information is available online, however none of their 1-800 numbers can be reached unless you are inside the U.S..

If you would like a licensed paralegal professional to apply for a Canada pardon or US waiver on your behalf you can call Alberta Pardons at: 780-473-7171, or visit their website located at: www.albertapardons.com. You can begin the process online by filling out their Secure Online Application. The very knowledgeable and friendly staff at Alberta Pardons will be glad to help.