I-194 Waiver Forum


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Recentness of Criminal record

append delete Mike G

I was just wondering if their is any specific prescribed waiting period to apply for a US Waiver if you have a criminal record? I've heard you can apply at any time and my situation is a little unique in that I'm in my mid 40's and have a family and am working but did something stupid about a year ago for the first time ever in my life and now have a record. I've led a pretty clean law abiding life until that time and was just wondering about getting anyone's thoughts about my chances of getting a waiver?

Thanks

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append delete #1. robind

Have you crossed the border yet? If not, get a pardon before you do and then it won't be in CPIC (accessible by border guards).

I was told it was 1 year before you can apply but I think it depends on the severity.

Good luck!

append delete #2. Jeff

robind, that info is incorrect. Even if he gets a pardon and doesn't cross the border until he gets the pardon the US border guards will still know about his conviction. Trust me, it happened to me.

append delete #3. buswaiver

@Jeff Do you have a pardon or a record suspension? My understanding is that with a pardon, the record is sealed meaning CPIC won't have it in the database. On the other hand, I'm not sure about record suspensions.

append delete #4. Jeff

Here is my timeline. I had travelled to the USA in 1993, had no record at that time. I had a conviction in 1995. I got a pardon in 2002. I never travelled to the USA from 1993 until 2007. In 2007 I went through with no issues at all. I went to go through in 2008 and I got pulled inside and they knew about my record. No idea how but this is exactly what happened.

append delete #5. Peter K

CPIC is maintained by the RCMP and it is a tool that is accessible by US Border officials. What is not known is how this service is used by US officials, what information is available to them, nor is there any way of knowing if this is the only source of information available to them.

As for length of time I have heard and read many different stories about this. I don't recall seeing anything on the forms themselves but I may be mistaken about that. I suspect however that like many parts of this process much will come down to the nature of the offense and your particular circumstances.

append delete #6. Frank Jr.

Since computer and server space is cheaper than dirt I would hazard a guess that they do regular daily CPIC downloads into their databases. In this way Jeff would have got caught even though he didn't attempt to cross until he received his pardon.

Get caught lying and consequences can be severe.


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