I-194 Waiver Forum

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append delete DanP

Has anyone tried to get Nexus with a waiver? Thx

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append delete #1. Bunches99

As far as I've read you can not get nexus.

append delete #2. Bunches99

As a Canadian with a criminal record, if I have an I-194 waiver, can I apply for and be granted a NEXUS card?

Thank you for contacting the CBP Info Center.

If you have a waiver, it is unlikely that you will be eligible for NEXUS membership based off of the general eligibility requirements and checks (ie: criminal background check).

append delete #3. DanP

Figured so much. Thanks guys

append delete #4. Hats Hats Hats Hats

In order to get a Nexus card you must be of good moral character that means you should have never been charged with an offence regardless wether you plead guilty, were acquitted or had the charges dropped.

That being said, to get the Nexus card, you must pass the requirements set up by both countries. Canada's requirement is a little more lenient. For Canada, you cannot be charged with 2 or more summary offences. Obviously you cannot be charged with any indictable offence, what we call felonies in the US. Being charged with one summary offence in Canada does not block you from getting a Nexus card. A summary offence is like a misdemeanor for the US which exposes you to a maximum of 6 months jail or 5000$ fine in Canada. A lot of offences are hybrid offences in Canada meaning they can go either summary or indictable. For Nexus purposes, hybrid offences are treated like indictable offences. Recently, CBSA decided to change all this and even simply being charged with one summary offence makes you ineligible. The changes have not been enforced yet. Also, it seems that hybrid offences, if tried summarily, seem to be treated like summary offences by CBSA over the last few years.

The US does not care wether you were charged with a felony or misdemeanor. For them simply being charged and fingerprinted makes you a bad person, a criminal, regardless of the outcome. You can never get a Nexus card. They seem to be lenient on drunk driving though however, Canada considers DUIs extremely serious. So, you can never get Nexus because you can't pass both countries' requirements.

You can enter the US if you have a record for drunk driving in Canada. CBP will only tolerate one drunk driving charge, so if this is the case don't try getting Nexus knowing you can't get it. My theory behind this is because when George Bush's administration implemented all these changes, George Bush Jr. had a record of drunk driving in the US. This is just my theory. Also DUIs are probably the only crime the US does not consider as being a crime of moral turpitude, meaning being bad in society's eyes. Canada has a different stance on this.


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