Tourists with MINOR criminal records being turned back at Canadian border

[Ephraim]

Interestingly enough, the Canada Government website has this warning for Canadians visiting the US...

 

When you are attempting to enter the U.S. (border crossing or airport) and until such time that you have been admitted or refused entry, you should be aware that under U.S. law, foreign nationals do not have the same rights as American citizens. While a determination is being made by U.S. authorities on your admissibility, you could be held for an extended period of time. If you are deemed inadmissible, there may be delays before you are returned to your point of departure or country of nationality.

 

If you look further on, they do suggest how long the delays could be.... it's termed in weed (in bold at the end). At least in Canada you are allowed to enter, asked to pay to clear your record or simply refused and shown the door... instead of being held for weeks.

If you have a criminal record, no matter how minor or how long ago the offence, you may be refused entry to the United States. There may also be problems in travelling through U.S. airport facilities. A pardon for an offence issued by Canadian authorities is not recognized under U.S. law, for purposes of entry into the United States. If you have a criminal record, you should contact one of the U.S. Department of Homeland Security's Citizenship and Immigration Services (USCIS) ports of entry well in advance of travel to the United States. If you are ineligible to enter the United States, you may apply for a waiver of ineligibility. This will involve completing Form I-192, "Advance Permission to Enter the United States." There is a fee and it may take several months to process your application. Waiver application forms are available from any port of entry to the United States, any pre-clearance site in Canada, the U.S. Embassy in Ottawa, or one of the U.S. consulates in Canada.

 

U.S. ports of entry are computerized and connected to a centralized database. Information is readily available on criminal convictions in both Canada and the United States. Even though you may have entered the United States without hindrance in the past, you could run into difficulty if your record shows a criminal conviction or a previous denial of entry. Attempting to gain entry without a waiver could result in several weeks of detention at a USCIS facility.

[meandmyguy]

and apparently you all are seasoned travelers with alot of time to surf the net....I (and may others I assume) would not even have had the fact that we have a very old misdeameanor on our record that may hinder our travel cross our mind. I have never left the US. I only know of the passport requirements because it is all over our news. When I got a passport they asked where I was going- I told them-did they mention these issues-NO. RCCL knows about it but apparently uses the "don't ask, don't tell" policy-they finally fessed up about the previously mentioned memo only after I called and asked about the issue. And my TA- she is obviously clueless. I understand DUI in Canada is very serious-it is serious here too. But I did not commit the crime in Canada-I committed it here. I completed my punishment. Now 15 years later I am being told again-no you have to be punished again under another countries law-RIDICULOUS! And the US is just as ridiculous if they do the same.

[Ephraim]

and apparently you all are seasoned travelers with alot of time to surf the net....I (and may others I assume) would not even have had the fact that we have a very old misdeameanor on our record that may hinder our travel cross our mind. I have never left the US. I only know of the passport requirements because it is all over our news. When I got a passport they asked where I was going- I told them-did they mention these issues-NO. RCCL knows about it but apparently uses the "don't ask, don't tell" policy-they finally fessed up about the previously mentioned memo only after I called and asked about the issue. And my TA- she is obviously clueless. I understand DUI in Canada is very serious-it is serious here too. But I did not commit the crime in Canada-I committed it here. I completed my punishment. Now 15 years later I am being told again-no you have to be punished again under another countries law-RIDICULOUS! And the US is just as ridiculous if they do the same.

 

It's not the travel (or cruise) agents responsibility to know your criminal background. For the most part, most people don't have criminal records. The US Government's travel website clearly has the warning. Asking about your criminal background might be even more offensives to people.

 

So, if I understand what you are saying correctly, you think that Canada should just admit anyone with a criminal record? And the US should do the same thing?

 

I don't see how Canada is punishing you. Punishment is CLEARLY different than simply denying you a privilege. Punishment is being arrested and held in jail for weeks simply because you apply to gain entry to the US. Or worse, getting deported and tortured in Syria because your name was mistakenly put on the no-fly list (it's happened!). This is clearly not punishment.

 

In any case, the problem is squarely in the hands of our political leaders. They could easily agree to accept each others pardons, but obviously don't want to. Of course, with the history of the current administration and relations with Canada, it seems very unlikely.

[oahurose]

Has anyone ever been denied entrance, know someone, or heard of someone onboard being denied entrance to Canada from a cruise ship because of a felony conviction?

 

Is there a timeline they follow (5, 10, 15, ever)? Does the type of crime make a difference?

 

Everything I've read and seen is you may be denied entrance because of a felony conviction (including a DUI).

 

I understand and respect the two countries entrance laws. The U.S. seems to be much harder (because 9-11).

 

Thanks for the information......

[Ephraim]

Honestly, your best bet is to talk to someone at Border Service and ask them, honestly. The embassy and consulates seem to point people back at what the website says. And I'm not sure what the ministry will tell you.

 

If you do want to find out what Ministry to contact, all Canadian government services are reached via 1 800 O-Canada (1 800 622-6232)

 

If you want to call Border Services directly, their contact information is available at http://www.cbsa-asfc.gc.ca/contact/menu-eng.html

 

They are probably the only people who can honestly tell you what to do. They likely will tell you to do the CAD$200 process for a permit that will essentially grant you the equivalent of a Canadian pardon, though, as I said, unofficially they can grant them for free (or for a fee) at the border. But that is always up to the individual border guards.

 

They usually require 5 years for less serious crimes and 10 years for more serious crimes AFTER the maximum sentence (not the sentence you received!) But there is always discretion allowed. (They let Martha Stewart visit a few weeks after her release and well George Bush was on a diplomatic passport so they let him in despite his convictions.)

[meandmyguy]

Obviously you have some issues with immigration in general (Syria???:confused:). I was speaking of my case only and in no way suggested that a serial murder be able to walk across the border (either way) . I do not expect my TA or the cruise line to KNOW my criminal history and did not say that. What I said was that they should have this information -since it is a trip breaker- and tell their clients. It is up to the client to use the information. I expect service providers to provide service-by giving me all the pertinent information I may need to decide on the service.

You appear to be well versed in the law so maybe you can help me with this question. When I arrive in Vancouver I will be for all intents and purposes in Canada already. By denying me admittance they would essentially be asking me to leave the country. Does it specifically state that I have to leave by plane? by car (:eek:oops -forgot they wouldn't want me anywhere near a car)? Can't I just leave by the mode of transportation I already have back to the states-my cruise ship?????

[Ephraim]

Obviously you have some issues with immigration in general (Syria???:confused:). I was speaking of my case only and in no way suggested that a serial murder be able to walk across the border (either way) . I do not expect my TA or the cruise line to KNOW my criminal history and did not say that. What I said was that they should have this information -since it is a trip breaker- and tell their clients. It is up to the client to use the information. I expect service providers to provide service-by giving me all the pertinent information I may need to decide on the service.

You appear to be well versed in the law so maybe you can help me with this question. When I arrive in Vancouver I will be for all intents and purposes in Canada already. By denying me admittance they would essentially be asking me to leave the country. Does it specifically state that I have to leave by plane? by car (:eek:oops -forgot they wouldn't want me anywhere near a car)? Can't I just leave by the mode of transportation I already have back to the states-my cruise ship?????

 

The case of Maher Arar is what I am talking about. A Canadian citizen who was arrested by the US Border Security and deported to Syria (where he originally immigrated to Canada from) and tortured. I'm sure if you are interested you can look up his story. And the Canadian government website on travel actually warns Canadians with criminal records that if they are denied entry to the US they may in fact be jailed for weeks before they are returned to Canada.

 

The rate of recidivism for criminals is especially high. In fact, much higher in the US than in most Western countries. In fact, according to the statistics from the US Bureau of Justice:

 

Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.

 

As I said, the best thing to do is call the Border Services and ask them. As I also said, it rarely happens, but it all depends on how long it has been and how clean a record you have after that. They can forgive only one indiscretion on a record but never more. I don't know how they re-export someone. (I can guess, but that's just that, a guess.... they definitely will not re-export someone via car, though.) They are reasonable people. If the cruise was returning to Canada, that they might not allow.

[meandmyguy]

I feel badly for this gentleman. He was treated very badly by the US government ( I am not a fan-they have a long history of bad behavior). I hope he has found some peace and moves on with his life in Canada.

The year or so after 9/11/01 was a very tense time in the US- and understandably so. But obviously there are times (this case is a prime example) when our fear got the better of us.

I just want to go on a cruise................

[oldeddie]

WOW good site! Looks like some of the experts in this subject can help me?

 

35 years ago, I had a DUI. Nothing since. Not even a parking ticket. Will I have a problem showing my face in Canada (by ship or any other mode of transportation)?

[Ephraim]

WOW good site! Looks like some of the experts in this subject can help me?

 

35 years ago, I had a DUI. Nothing since. Not even a parking ticket. Will I have a problem showing my face in Canada (by ship or any other mode of transportation)?

 

My guess.... since it's so long ago and you have a clear record, they will consider you rehabilitated instantly. But call Border Services and confirm it. What's a long distance phone call today? 5c a minute? Or call the toll free number.

[Ephraim]

WOW good site! Looks like some of the experts in this subject can help me?

 

35 years ago, I had a DUI. Nothing since. Not even a parking ticket. Will I have a problem showing my face in Canada (by ship or any other mode of transportation)?

 

I was thinking about this late night. Have you gone to the local police and asked for a copy of your record? It might not even be on your record anymore.

[meandmyguy]

Lucy Perillo stated that the regulations state that you will be fine as long as your DUI is more than 5 years old and make sure to bring a copy of the legal paperwork from the county, city, town where it occurred showing you completed the sentence.

Finally, a solid answer.....

[oahurose]

Does this for all convictions or just DUI's?

[meandmyguy]

I just asked about DUI"s:o

[misssrr]

Just returned from a round-trip out of Vancouver. We booked a hotel independently and went several days early. One member of our party had a DUI 2 years ago. The customs agent asked general questions about why the family was arriving in Vancouver. No mention of the DUI made. After clearing customs, we received a refund of the fully refundable ticket at the Alaska Airlines counter in the airport. No issue returning to the port/airport afterwards either.

 

Prior to travelling, the person with the DUI requested permission to board in Juneau (we didn't give the cruise line a reason) and purchased a fully refundable ticket on Alaska airlines from YVR to Juneau one-way for a flight later in the afternoon.

[wanderingjew]

im just curious lets say a college student went to civil rights sitins in 64 and 65 and was convicted TWICE for misdemeanor trespassing charges

 

Woud he denied entrance inro canada for this because there were 2 convictions?

[Cruise Junky]

im just curious lets say a college student went to civil rights sitins in 64 and 65 and was convicted TWICE for misdemeanor trespassing charges

 

Woud he denied entrance inro canada for this because there were 2 convictions?

 

Highly doubt it, we're all for civil rights sit ins!! ;) They're looking for more than that.

[Ephraim]

im just curious lets say a college student went to civil rights sitins in 64 and 65 and was convicted TWICE for misdemeanor trespassing charges

 

Woud he denied entrance inro canada for this because there were 2 convictions?

 

No, that's a summary offence in Canada. The "misdemeanours" that people are having trouble with are those that are indictable (ie criminal) offences in Canada.

[8th math]

We just got back from our Alaskan cruise. We arrived in Vancouver the day before the cruise and I had made myself sick worrying about customs in Vancouver since 2 people in our group could have potential problems getting into the country (according to postings on here). The questions that were asked 1. Why are you here? 2. When are you leaving? That was it. Passports were scanned and given back and everyone was on the way to the hotel. NO PROBLEMS!!

[oahurose]

We just got back from our Alaskan cruise. We arrived in Vancouver the day before the cruise and I had made myself sick worrying about customs in Vancouver since 2 people in our group could have potential problems getting into the country (according to postings on here). The questions that were asked 1. Why are you here? 2. When are you leaving? That was it. Passports were scanned and given back and everyone was on the way to the hotel. NO PROBLEMS!!

 

I to have been worried about my daughter (14 year old conviction). I've read alot about customs at border crossings. It seems the vast majority of people are asked the common questions that your group was asked, and allowed to pass into Canada.

 

It seems they do occasionally ask other questions and run checks on some people. Maybe random or they fit some type of profile? From what I've read, if you're asked addional questions (have you ever been convicted, etc), be totally honest. If it's something old? They may just allow you to proceed.

 

BTW, has anyone ever heard of someone being denied entry from a cruise ship? I talked with someone at the travel agency and ncl and they were not aware of any problems yet. But they say it could happen.

 

Hopefully, more people will post there experiences passing customs.

[jstpshe]

I to have been worried about my daughter (14 year old conviction). I've read alot about customs at border crossings. It seems the vast majority of people are asked the common questions that your group was asked, and allowed to pass into Canada.

 

It seems they do occasionally ask other questions and run checks on some people. Maybe random or they fit some type of profile? From what I've read, if you're asked addional questions (have you ever been convicted, etc), be totally honest. If it's something old? They may just allow you to proceed.

 

BTW, has anyone ever heard of someone being denied entry from a cruise ship? I talked with someone at the travel agency and ncl and they were not aware of any problems yet. But they say it could happen.

 

Hopefully, more people will post there experiences passing customs.

 

 

 

Yell, I would think there are more people than this with something on their record that went through customs/immigration in Canada that could tell us how everything went for them. Please help out us future cruisers that would like to take a cruise out of Canada, please?

How did it go for you?

 

Thanks, CJ :) :)

[Mike2131]

We boarded yesterday for the 7 night northbound Alaska cruise. We know that one passenger was denied boarding because of a irregularity in their background (no idea where they were from).

 

Given what had just happened in Glasgow yesterday, I imagine they are being even more careful with checking passenger backgrounds.

[jstpshe]

We boarded yesterday for the 7 night northbound Alaska cruise. We know that one passenger was denied boarding because of a irregularity in their background (no idea where they were from).

 

Given what had just happened in Glasgow yesterday, I imagine they are being even more careful with checking passenger backgrounds.

 

 

Mike,

 

Do you know if the person that was denied boarding went through the US Direct program?

 

Thanks, CJ :) :)

[oahurose]

We boarded yesterday for the 7 night northbound Alaska cruise. We know that one passenger was denied boarding because of a irregularity in their background (no idea where they were from).

 

Given what had just happened in Glasgow yesterday, I imagine they are being even more careful with checking passenger backgrounds.

 

 

When you say denied boarding. Does that mean they wouldn't let the person board the ship for the cruise? Was this U.S. or Canadian boarding?

[sassy191919]

Just wanted to post an update. Just back from a wonderful 7 day cruise and 3 day post cruise to the beautiful state of Alaska-can't say enough about the breathtaking scenery of Alaska, also the wonderful city of Vancouver. It is evident that the citizens of the city take great pride in their community. Would love to go back in a heartbeat!

 

Anyhow-per my previous posts I was the organizer of this trip and my aunt had a DWI 6 years ago. I did all the research for her about this issue and this is what happened. She had all paperwork from her current city of resisdence stating no record since the incident happened in a different city. She had her state criminal record stating no incidents and the copy of her driving record which had the incident on it.

 

There were six of us-3 different families entering Canda at the Vancouver airport, not US direct.

 

They did not ask her anything and she walked right in. The other two couples were just asked why we were coming into Canada, how long we were going to be there and then we were allowed to enter as well.

 

The plan was to be honest if asked and she wasn't asked anything. She will now decide to apply for reabilitation if she decides to go back to Canada since she now knows the regulation and has the time.

 

Also, our group had no problem crossing into the beautful Yukon when we rented a car in Skagway-just asked us where we were going, where we came from and if we worked on the cruise line.

 

This definately was the trip of a lifetime and highly recommeded! This issue did cause some stress when we found out about it. But once we knew that there was nothing we could do in the time period we had we just accepted what would happen. ( I also had printed flight schedules to Seattle and Ketchikan if denied access)

 

Please let me know if you have further questions.

Thanks for all the information this thread has provided!