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Old Oct 16, 2014, 7:37 pm
  #1  
YKF
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entering USA with the criminal record of having

I am a canadian passport holder and resident. In 2012 i had the following convictions

1. Uttering threats

2. Possession of a controlled substance (weed, personal amount)

3. Driving under the influence of a controlled substance (the weed)

Will i be able to enter USA with this? I have been able to enter Singapore, malaysia, indonesia, switzerland, germany, france, england with these convictions. I would be crossing a land border likely niagara falls. I am looking for a more firm answer than "it depends on the agent you get"

I am not looking for conversation on the conditions surrounding the charges

Thank you
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Old Oct 16, 2014, 7:50 pm
  #2  
 
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Originally Posted by YKF
I am a canadian passport holder and resident. In 2012 i had the following convictions

1. Uttering threats

2. Possession of a controlled substance (weed, personal amount)

3. Driving under the influence of a controlled substance (the weed)

Will i be able to enter USA with this? I have been able to enter Singapore, malaysia, indonesia, switzerland, germany, france, england with these convictions. I would be crossing a land border likely niagara falls. I am looking for a more firm answer than "it depends on the agent you get"

I am not looking for conversation on the conditions surrounding the charges

Thank you
The possession of a controlled substance and that you have multiple convictions may prevent you from entering.

You can apply for advanced waiver of inadmissibility (I-192). It's US$585 regardless of the decision.

http://www.cbp.gov/travel/internatio...dmission-forms
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Old Oct 16, 2014, 7:58 pm
  #3  
YKF
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Originally Posted by dustman81
The possession of a controlled substance and that you have multiple convictions may prevent you from entering.

You can apply for advanced waiver of inadmissibility (I-192). It's US$585 regardless of the decision.

http://www.cbp.gov/travel/internatio...dmission-forms
What a money grab. Ridiculous that i have to pay to find out if i can enter a country or not. Why cant the law be clearly presented with a yes or no answer

Thanks for the response. Anyone else?
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Old Oct 17, 2014, 12:47 am
  #4  
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Originally Posted by YKF
What a money grab. Ridiculous that i have to pay to find out if i can enter a country or not. Why cant the law be clearly presented with a yes or no answer

Thanks for the response. Anyone else?
You don't have to pay to find out. You can ask, and if they say no, you can apply for the waiver.

Read this page first http://canada.usembassy.gov/visas/vi...igibility.html and then contact the embassy/consulate for an answer.
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Old Oct 17, 2014, 1:20 am
  #5  
 
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I seriously doubt that you would get the waiver and be able to enter. There are certain convictions that are not allowed no matter what and you have them. I know this because of my ex husband having similar convictions. They are called crimes of moral turpitude and uttering death threats and being in possession of a controlled substance, including marijuana, count.

It is also clearly listed here

http://www.state.gov/documents/organization/86941.pdf

Here's more

http://canadianlegal.org/united-states-waiver/

Controlled substances in any amount are a reason to be denied entry into the US, especially if it occurred less than 5 years ago. Uttering death threats is also listed. If you only have one offence and it was a few years ago, you would likely be ok to get the waiver. However, having more than one offence, whether it falls into crimes of moral turpitude or not, makes it almost impossible to get the waiver with the US hypervigilance. However, you could try.
I have a friend that went to the US for rehab years ago and made the error of disclosing to the border guard that she was entering to go to back to rehab on her way back after a weekend visit to family in Canada. She was flagged in the system, despite never having any arrests or convictions of anytime and willingly seeking help for her addiction. When she tried to return to the US, she was not allowed, despite her parents owning a home in Florida where they go every winter for 4 months. Last year, after 3 years of not being able to enter, her parents hired an attorney and they applied for a waiver. She had to provide a letter from her doctor, character references, blood tests and urine tests to prove she was not using any substances. She was allowed to enter but she jumped through a lot of hoops to do so. I wouldn't even bother personally.
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Old Oct 17, 2014, 5:57 am
  #6  
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Originally Posted by YKF
Why cant the law be clearly presented with a yes or no answer
The law was clear in the situations you were convicted... doesn't seem to matter to you :-).
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Old Oct 17, 2014, 7:38 am
  #7  
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Originally Posted by YKF
God forbid i enter the utopia and corrupt it.
Your country would deny entry to a US citizen with your same record.
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Old Oct 18, 2014, 2:12 am
  #8  
 
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There are people in their 50's and 60's being denied for a truthful answer to the question "Have you ever consumed an illegal drug at anytime?" with an answer like "I smoked marijuana in the 60's one time".

Having a drug conviction will definitely keep you from admission to the USA. The reason the other countries that you have not been denied entry to do not have easy access to Canadian criminal records that are held in the CPIC database in Canada. They would have to request an Interpol query, which is time consuming and would take the entry process from seconds or minutes, to several hours for the criminal record check to come back.

Strike USA off your travel list. You will have better odds winning the lotto max than getting admission to the USA. They have enough criminals of their own, they don't like foreign ones trying to enter....
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Old Oct 18, 2014, 5:42 am
  #9  
 
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Originally Posted by fritzzz25
There are people in their 50's and 60's being denied for a truthful answer to the question "Have you ever consumed an illegal drug at anytime?" with an answer like "I smoked marijuana in the 60's one time".

Having a drug conviction will definitely keep you from admission to the USA. The reason the other countries that you have not been denied entry to do not have easy access to Canadian criminal records that are held in the CPIC database in Canada. They would have to request an Interpol query, which is time consuming and would take the entry process from seconds or minutes, to several hours for the criminal record check to come back.

Strike USA off your travel list. You will have better odds winning the lotto max than getting admission to the USA. They have enough criminals of their own, they don't like foreign ones trying to enter....

It is not just the drug conviction, the links I provided clearly list driving intoxicated and uttering death threats. Any ONE of those are considered crimes of moral turpitude and having all 3 is 3 strikes, you are out. The uttering death threats is actually considered more serious than the other 2. I don't even see the point of discussing this and I shouldn't have answered. If the OP would read the clear rules and links provided, he'd know he is not admissible, even with a waiver because his crimes are listed as ones that the waiver is moot for. However, like many others, he is welcome to try. I'd love to know the results.
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Old Oct 18, 2014, 1:12 pm
  #10  
YKF
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Originally Posted by westcoastgal
It is not just the drug conviction, the links I provided clearly list driving intoxicated and uttering death threats. Any ONE of those are considered crimes of moral turpitude and having all 3 is 3 strikes, you are out. The uttering death threats is actually considered more serious than the other 2. I don't even see the point of discussing this and I shouldn't have answered. If the OP would read the clear rules and links provided, he'd know he is not admissible, even with a waiver because his crimes are listed as ones that the waiver is moot for. However, like many others, he is welcome to try. I'd love to know the results.
Sorry who said it was death threats
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Old Oct 18, 2014, 4:01 pm
  #11  
 
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Originally Posted by YKF
Sorry who said it was death threats
It's all in section 264.1 of the Criminal Code of Canada.

You mean you don't even know what your were found guilty of?
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Old Oct 18, 2014, 5:58 pm
  #12  
 
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No one here really does know if you'll be denied entry. It's a crap shoot. There are a lot of threads about this, and whether it's a US citizen entering Canada or a Canadian entering the US, getting denied does appear to be fairly random. Since it sounds like you're driving down from Toronto, the worst case scenario is that you're denied entry. You'll just turn around and drive back home. It's not a deportation or anything, you'll just be denied entry.
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Old Oct 18, 2014, 6:00 pm
  #13  
 
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Originally Posted by fritzzz25
There are people in their 50's and 60's being denied for a truthful answer to the question "Have you ever consumed an illegal drug at anytime?" with an answer like "I smoked marijuana in the 60's one time".
When has a CBP officer ever asked anyone "Have you ever consumed an illegal drug at anytime?"
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Old Oct 19, 2014, 6:53 am
  #14  
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Originally Posted by mkt
Your country would deny entry to a US citizen with your same record.
And so they should. Neither country wants any more potheads with anger management issues driving around stoned. They each have more than enough already.

A waiver in this case would be very unlikely as the convictions were quite recent. Furthermore, it will be impossible if the convicted person is still under sentence including a prohibition order. Quite often in Canada a threats conviction also attracts a lengthy firearm/weapons prohibition.
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Old Oct 20, 2014, 5:48 pm
  #15  
 
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I guess when you are entering a country as a guest, they get to determine who comes in and who doesn't. I didn't make the rules, nor do I live there or enforce them. Just stating what HAS happened to people on their attempt to gain entry to the USA.

Last edited by essxjay; Oct 31, 2014 at 12:12 am Reason: quote deleted per OP request
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