- A Canadian criminal conviction can make you inadmissible to the United States, independent of Canadian law.
- US immigration law focuses on “crimes involving moral turpitude” (CIMTs) — offences involving dishonesty, fraud, or conduct considered inherently base or depraved.
- A Canadian record suspension (pardon) is not recognized by US immigration authorities — you can still be denied entry even after successfully clearing your Canadian record.
- Inadmissible travellers can apply for a US entry waiver (Form I-192), decided case by case, weighing the offence, time passed, and rehabilitation.
- Waivers are not automatic and are never guaranteed — processing can take a significant amount of time, and approved waivers are typically valid for a limited period before requiring renewal.
- Even an outstanding charge — not just a conviction — can raise questions at the border and affect admissibility.
The Short Answer
A Canadian criminal record — even a relatively old one, and even one that has since been cleared through a Canadian record suspension — can still make you inadmissible to the United States. US immigration law applies its own rules, independent of Canadian law, and does not automatically recognize Canadian legal outcomes like pardons or discharges.
Why Canadian Law Doesn't Control US Entry
It is a common and costly misconception that once a matter is resolved under Canadian law — whether through a discharge, a record suspension, or the simple passage of time — it no longer matters for travel purposes. In reality, the United States applies its own immigration law to assess admissibility, and it is not bound by how Canada ultimately treated the offence.
What Is a “Crime Involving Moral Turpitude”?
US immigration law focuses heavily on whether an offence qualifies as a “crime involving moral turpitude” (CIMT) — a category covering offences involving dishonesty, fraud, or conduct considered inherently base, vile, or depraved, contrary to accepted moral standards. Whether a specific Canadian offence qualifies is a fact-specific legal determination, not always obvious from the offence name alone.
Examples of Offences That Can Cause Problems
| Category | Examples |
|---|---|
| Violence | Assault causing bodily harm, domestic violence offences, robbery |
| Dishonesty | Fraud or theft over $5,000, forgery, possession of stolen property |
| Threats & harassment | Uttering threats, criminal harassment |
| Sexual offences | Sexual assault |
This list illustrates common examples, not an exhaustive or definitive determination — always get specific legal advice about your own record.
Why a Canadian Pardon Doesn't Fix It
US Citizenship and Immigration Services does not recognize a Canadian record suspension (pardon). This means a person who has successfully cleared their Canadian record can still be denied entry at the US border based on the underlying, now-suspended conviction. A record suspension remains valuable for many purposes in Canada — it just doesn't resolve US admissibility on its own.
See our guide on record suspensions (pardons) in Ontario for what a suspension does — and does not — accomplish.
What About an Outstanding Charge?
Even a charge that has not resulted in a conviction can create complications. Depending on the nature of the allegation and how the situation is presented, an outstanding charge can raise questions at the US border and affect a border officer's assessment, even without a formal conviction on record.
The US Entry Waiver Process
Where a Canadian offence does raise US admissibility concerns, a US entry waiver — often processed through Form I-192 — allows an otherwise inadmissible person to request permission to enter despite their record.
Waiver processing can take a significant amount of time, and an approved waiver is typically valid only for a limited period before requiring renewal. Apply well in advance of any planned travel — this is not something to leave until the week before a trip.
What Affects Whether a Waiver Is Approved
- The nature and seriousness of the underlying offence
- How much time has passed since the offence occurred
- Evidence of rehabilitation since the offence
- The purpose and circumstances of the specific trip
Practical Steps Before You Travel
- Get clear on exactly what is on your record, including how the offence was ultimately resolved.
- Get legal advice on whether your specific offence is likely to raise US admissibility concerns.
- Apply for a waiver well in advance, if one may be needed, rather than waiting until close to travel.
- Be honest with border officers — misrepresentation can create separate, often more serious, problems.
Common Mistakes
A Canadian record suspension does not bind US immigration authorities — plan for US admissibility separately.
Waiver applications take time to prepare and process — leaving it until just before travel risks missed trips or denied entry.
Lying to a border officer can create an independent, often more serious, admissibility problem beyond the original offence.
Whether an offence qualifies as a crime of moral turpitude depends on specific legal analysis, not just how serious the offence sounds informally.
Planning to travel to the US with a Canadian criminal record or charge? Call our Toronto criminal defence lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
Yes. US immigration law can treat certain Canadian convictions as making a person inadmissible, independent of how the offence is treated under Canadian law. This applies even to older convictions and even if you have since received a Canadian record suspension (pardon).
Not automatically. US Citizenship and Immigration Services does not recognize a Canadian record suspension, meaning you can still be denied entry at the US border even after successfully clearing your record in Canada. A separate US entry waiver may be required.
It is a category used in US immigration law to describe offences involving dishonesty, fraud, or conduct considered inherently base, vile, or depraved, contrary to accepted moral standards. Whether a specific Canadian offence qualifies as a CIMT is a fact-specific legal question, often requiring careful analysis of the exact offence and circumstances.
Examples commonly cited include assault causing bodily harm, fraud or theft over $5,000, uttering threats, sexual assault, forgery, domestic violence offences, possession of stolen property, robbery, and criminal harassment. This is not an exhaustive list, and whether a specific charge qualifies depends on the details.
Potentially, yes. An outstanding charge can raise questions at the border and, depending on the nature of the allegation, may affect a border officer's assessment, even without a conviction. Being honest and prepared, and getting legal advice beforehand, matters in these situations.
A US entry waiver — commonly processed through Form I-192 — is a formal application asking US authorities to allow entry despite an otherwise inadmissible criminal history. Waiver decisions are made case by case, considering the nature of the offence, how much time has passed, evidence of rehabilitation, and the reason for travel.
No. Waivers are discretionary, decided case by case, and approval is never automatic. Processing can take a significant amount of time, and even an approved waiver is typically valid only for a limited period before it needs to be renewed.
This is a serious mistake to avoid. Misrepresenting your criminal history to a US border officer can create its own independent, and often more serious, admissibility problem — separate from the underlying offence itself.
There is no fixed expiry from a US immigration standpoint. Even decades-old convictions can, in principle, still be relevant to a US admissibility determination, which is why proactive planning — rather than assuming enough time has passed — matters.
Strongly recommended, especially if the offence could plausibly be characterized as a CIMT, or if you have ever been denied entry or turned back before. Getting ahead of the issue — through a properly prepared waiver application, if needed — is far better than dealing with it at the border.
Yes, similar principles can apply in reverse — a US or foreign criminal record can affect admissibility to Canada as well, under Canadian immigration law, which has its own separate framework and considerations.