Your legal rights at the US/Canada border

[Queen K]

http://www.cnn.com/2017/02/16/us/border ... index.html

I thought this article so interesting and informative, I wanted to share it.

If a border agent wants answers, they'll get them. Via your phone/computer what have you.

[fluffy]

I get across the border every couple of months, there's a parcel service in Oroville I use for stuff from businesses that either won't ship to Canada or want an arm and a leg to do so. Those trips usually involve a few groceries, stuff I can't get in Canada or stuff that is notably cheaper, and some Mexican lunch. It's usually nothing out of the ordinary at the border, be polite, offer short but honest answers to questions, and have your paperwork in order. I haven't been across since the travel ban, it will be interesting to see if there are any noticeable changes.

Sidenote: One of the things I occasionally pick up in the US is the large size block of Velveeta, which comes at a fraction of the usual price up here. I've got a great recipe for a hot cheese dip that is basically a heart attack on a cracker but not a bad way to go. I was in Ben Princes in Oroville looking in the back corner where it usually is and there was none there. I asked a guy stocking shelves what the scoop was and he says "Oh, it's over here now" and led me down one of the regular, unrefrigerated aisles where it sat on the shelf. He said "We're not allowed to keep it with the real cheese any more". 0.0

[vegas1500]

I get across the border every couple of months, there's a parcel service in Oroville I use for stuff from businesses that either won't ship to Canada or want an arm and a leg to do so. Those trips usually involve a few groceries, stuff I can't get in Canada or stuff that is notably cheaper, and some Mexican lunch. It's usually nothing out of the ordinary at the border, be polite, offer short but honest answers to questions, and have your paperwork in order. I haven't been across since the travel ban, it will be interesting to see if there are any noticeable changes.

Sidenote: One of the things I occasionally pick up in the US is the large size block of Velveeta, which comes at a fraction of the usual price up here. I've got a great recipe for a hot cheese dip that is basically a heart attack on a cracker but not a bad way to go. I was in Ben Princes in Oroville looking in the back corner where it usually is and there was none there. I asked a guy stocking shelves what the scoop was and he says "Oh, it's over here now" and led me down one of the regular, unrefrigerated aisles where it sat on the shelf. He said "We're not allowed to keep it with the real cheese any more". 0.0

Love that Mexican lunch!

[Always Sunny]

I get across the border every couple of months, there's a parcel service in Oroville I use for stuff from businesses that either won't ship to Canada or want an arm and a leg to do so. Those trips usually involve a few groceries, stuff I can't get in Canada or stuff that is notably cheaper, and some Mexican lunch. It's usually nothing out of the ordinary at the border, be polite, offer short but honest answers to questions, and have your paperwork in order. I haven't been across since the travel ban, it will be interesting to see if there are any noticeable changes.

I've been down since the travel ban.

As soon as I pulled up to the guard hut I was told to turn my car off and remove my keys. I told him I was picking up a single package in Oroville and wouldn't be more than 20 minutes. The guy basically emptied my trunk and asked me more than once if I was very sure there was nothing "I wanted to tell him". He had me stopped for a good ten minutes when in the whole time I was there only two other cars crossed. Generally you tend to get way more questions on the way back.

On the way back I explained I was gone 20 minutes, showed the contents of my parcel, told him it was worth $95 (they hadn't added an invoice but it was on my phone) and I was off with a smile and a "have a good day!".

[my5cents]

Southbound is a whole different story from Northbound. I expect part of that comes from the fact we not Americans returning when going South and are Canadians returning going North.

It hasn't been said but a few tidbits worth mentioning for perhaps a few that aren't aware........

If you have a criminal record, you are generally not admissible to the USA. If you have received a pardon in Canada for a criminal conviction (now called a "Record Suspension"), that alone does not permit you entry into the USA. The US still have your criminal record. So that pot possession charge in your early 20's that you finally got around to having "erased", hasn't been erased in the US.

You have to separately apply to the US for a waiver even after you've had the Record Suspension.

I don't even smoke cigarettes, but for those who like a little pot from time to time....

Another interesting fact, if you are crossing the border and you are asked if you ever smoked pot (and, let's say you have) and you honestly say "yes". You could go on to say "yes,,, but I was in my 20's etc". You could be prohibited from entering the USA.

Also even if you are entering Washington State, where pot is legal, if you admit, as above or state you are coming down to smoke pot, you won't be admitted.

The border guards are federal and federally pot is illegal, state wise it is legal.

Another interesting fact that adds to the points in the article about searching electronic devices. A traveler crossing the border had his laptop searched and it contained illegal content. Now generally a warrantless search would make the evidence in the laptop inadmissible. You'd think the border people could use the illegal contents to prohibit entry but nothing more, but not so. He was charged and convicted of the illegal content.

Now in his case I think it was kiddy porn, so he doesn't get any sympathy from me "too bad so sad", but you get the idea.

[JayByrd]

It hasn't been said but a few tidbits worth mentioning for perhaps a few that aren't aware........

If you have a criminal record, you are generally not admissible to the USA. If you have received a pardon in Canada for a criminal conviction (now called a "Record Suspension"), that alone does not permit you entry into the USA. The US still have your criminal record. So that pot possession charge in your early 20's that you finally got around to having "erased", hasn't been erased in the US.

You have to separately apply to the US for a waiver even after you've had the Record Suspension.

Correct me if I'm wrong...but I believe if the pardon was granted before a certain date, the offence is sealed, even from US Customs. There was a change in the laws, maybe not all that recent, that effected pardoned records going forward, but did not apply to pardons granted before the law was passed. It may not even be a law, but an agreement by the Canadian government to disclose that info.

I know a small group of people who were convicted of a fairly serious crime back in the 1990's. They have all since received pardons, but one waited a number of years to apply for his...he is caught up in this change, while the others are not. One of them travels regularly to the US on business and has no problems.

[GordonH]

For number of years Global TV ran reality tv show, here is a youtube link:


Its still on via reruns, I personal not a fan of reality TV

[my5cents]

Correct me if I'm wrong...but I believe if the pardon was granted before a certain date, the offence is sealed, even from US Customs. There was a change in the laws, maybe not all that recent, that effected pardoned records going forward, but did not apply to pardons granted before the law was passed. It may not even be a law, but an agreement by the Canadian government to disclose that info.

I know a small group of people who were convicted of a fairly serious crime back in the 1990's. They have all since received pardons, but one waited a number of years to apply for his...he is caught up in this change, while the others are not. One of them travels regularly to the US on business and has no problems.

People have been runnning affoul of this quirk of the law for more than 30 years. Nothing new about that at all.

It's not a case of Canada sealing the record, and thus the US can't see it. Canada hands over all the criminal records to the US and they retain same. The US, however doesn't accept the pardons / record suspensions. The convicted person must apply to the USA for a waiver to be allowed back into the US.

You might recall, also that generally the agent at the border doesn't ask "do you have a criminal record", they'll ask "have you ever been arrested, or charged with an offense". Now if, lets say you have a criminal record for impaired driving but because you've had a pardon, you say "No" to have you been convicted, now you're in a whole new area of lying to the border agent.

It all depends on the type of criminal offense, as well.

https://help.cbp.gov/app/answers/detail ... ay,-waiver

The short version is if the crime is deamed a "crime of moral turpitude", you are not admissable without a waiver (not cheap either). They go on to list most of them.

Ironically, "theft" is a crime of moral turpitude, but "breaking and entering" is not ???? Also Impaired Driving isn't.

So for most crimes you can apply for a waiver.

[TylerM4]

That problem extends past pardon's. It also applies to discharges.

I'm lucky enough to know 1st hand. Did something stupid as a teenager and ended up pleading guilty to a mischief charge. Had a clean record, judge believed me when I said I was remorseful, etc. Ended up receiving a conditional discharge and promptly filled the conditions.

Police in Canada have no record of my stupidity. Criminal record searches come up blank, etc. But US customs - they've got all sorts of records which gives me no end to grief. I can't even use the "pre-approved travel for people with pardons" service because I don't actually have/need a pardon. They tell me I should be able to cross no problem. Then I spend 2 hours sitting alone in a closet while I miss my connecting flight. To be fair, they did let me in last time. After hours of questioning and that missed flight...

[JayByrd]

It's not a case of Canada sealing the record, and thus the US can't see it. Canada hands over all the criminal records to the US and they retain same. The US, however doesn't accept the pardons / record suspensions. The convicted person must apply to the USA for a waiver to be allowed back into the US.

I'm certain my friend has not had to do this, and his crimes were definitely ones of moral turpitude (armed robbery and extortion). As the waiver of inadmissability is only temporary, he would have had to do this a number of times, but I'm quite sure he hasn't. I'm not saying you're incorrect, but either I'm misunderstanding my friend, or there's some other way this can work. Anyways, I do thank you for that information.

[my5cents]

I'm certain my friend has not had to do this, and his crimes were definitely ones of moral turpitude (armed robbery and extortion). As the waiver of inadmissability is only temporary, he would have had to do this a number of times, but I'm quite sure he hasn't. I'm not saying you're incorrect, but either I'm misunderstanding my friend, or there's some other way this can work. Anyways, I do thank you for that information.

We can disagree how criminal records are kept and shared, but in the least, I'm sure you've noticed what they ask about ever being arrested or charged with something when you cross the border.

They do have all our criminal records on their computers and they aren't new records they are supplied when the conviction is recorded.

Many people have been in BIG jackpots trying to cross the border after getting a pardon.

When caught, they say : "Well I thought since I had a pardon, I could cross the border".

The US authorities say : "Maybe you did, but you're wrong, what about when you lied and said you'd never been arrested or charged with an offense ?"

It's expensive to get the waiver and yes, it's not for life. The Americans don't forgive criminals,,, ever. Even their own never recover full status/respectability

[lesliepaul]

*removed*

[my5cents]

*removed*

[JayByrd]

We can disagree how criminal records are kept and shared, but in the least, I'm sure you've noticed what they ask about ever being arrested or charged with something when you cross the border.

They do have all our criminal records on their computers and they aren't new records they are supplied when the conviction is recorded.

Oh yes, I don't dispute that. I'll just have to ask my friend for the details. I'm sure however he gets through this will make sense once it's explained.

[my5cents]

Oh yes, I don't dispute that. I'll just have to ask my friend for the details. I'm sure however he gets through this will make sense once it's explained.

I'd be interested how he does. I suspect he's done the waiver and just doesn't talk about it.