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| Why do you need a border check? |
| It is important for an individual to find out what the US database computer system have on them. Many instance, your criminal record may not be on the US database system, and also an individual may not even be aware of this. Additionally your record may be on the database and you not knowing can result in the following: |
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Possibility of being detained |
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Not being able to travel as a family |
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Cancellation of trips |
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Non-refundable travel costs |
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Embarrassment faced in front of family friends |
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Limitations on travel for employment reasons |
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| What is a border check search? |
| This service allows one to know what the U.S. database system has on them. It provides information that can be used by the individual to determine if a travel waiver is necessary. |
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| What are the consequences if I enter the U.S. with a criminal record? |
If you are caught trying to enter the United States illegally, you risk not only refusal for entry but also confiscation of property including possible seizure of your vehicle. This is applicable to any vehicle holding a passenger with a criminal record, not just the driver. The only way to avoid this is to ensure you have a valid U.S. Entry Waiver.
The first time an individual is caught trying to enter the US illegally; they will usually be refused entry, and told to obtain a United States entry waiver. However, subsequent attempts to enter the United States illegally or without a US entry waiver, will most likely result in being handcuffed, detained, deported, or vehicle and contents being seized, and possibly jail time. The only way to be sure that one is not at risk of facing these consequences is to have no criminal record associated with ones name, or the other alternative is to be in possession of a valid US entry waiver. It would be very important to see if the U.S. has your criminal record on their system. |
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| If I have a criminal record what should I do? |
| If you have a criminal record, you should do a border check to see if it is on the U.S. database computer system. If it is not the best thing is to begin a pardon application online and avoid going to the United States. Once the FBI is unaware of your criminal record when you receive a pardon, they will never become aware of it unless you tell them. |
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| How can I be sure that I am entering the U.S. legally? |
You can enter the U.S. legally two ways. Firstly you don’t have any criminal record, or you have an entry travel waiver for your convictions. An individual can find out how to proceed by doing a border check.
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| Is the United States border security increased and stricter? |
Yes. Since the onset of 9/11 border regulations have become more intense and detailed. All the Government Agencies and Services have been linked. The FBI Databases are now linked to the RCMP and CPIC Databases. There is easier access to information as Border Immigration Officers can see your criminal record by simply typing your name into their computer terminal. If you don’t have legal documents to travel you are taking a huge risk.Obtain a border check to know if your record is on their system.
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| What will a border check do for you? |
Getting a border check can provide valuable information on how to proceed. This information can determine whether you will need an entry waiver if your criminal record is on the U.S. database, or if you should get a pardon, and avoid traveling to the U.S. if your record is not on the U.S. database, or if you require both. It is always better to know before you go.
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| How do I know if my violations will stop me at the border? |
Get a border check done and you will know.
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| If you have a conviction for a crime of moral turpitude, can you still be admitted to the United States? |
| You may still be admitted based on the following: |
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If you only have one conviction handled as a summary offence. |
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You obtained an absolute discharge. |
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You were under sixteen at the time, or under eighteen for a conviction that did not involve drugs or violence. |
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| Why were you stopped at the border? |
Many individuals are refused entry into the United States for the simple reason of not getting the U.S. Immigration Inspectors to understand the reason for the trip. Others have forgotten about their pass, a brush with the law a long time ago, and this has popped us as a border barrier.
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| Can an individual cross the border after receiving a sentencing of absolute or conditional discharge? |
Yes. For an absolute discharge no record may be disclosed after one year from the discharge date. If the discharge is conditional, no record may be disclosed after three years. The CPIC database is purged of discharge records when the specified times periods have passed. Once an individual does not attempt to cross the border during the specified time periods where the U.S. Border Check Officers can retrieve the information from the CPIC database, the individual can cross border.
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| I have a criminal record, and have crossed the border many times before without being refused, what should I do? |
This means that your criminal record is not on the U.S database system. However you should avoid crossing the border until you apply for and receives a pardon. Information from CPIC is retained indefinitely in the U.S. computer system if customs is alerted to the existence of a record for any person attempting to cross the border. If a person has a record and has entered the U.S. in the past without their record being checked, a pardon will be helpful because it will remove the record from CPIC. Since that person's name no longer appears on CPIC, that individual no longer has a criminal record.
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| Why as of June 1st 2009, the U.S. law requires all travelers including Canadian citizens to present a valid passport or other approved secure document to enter the United States? |
Due to the growing threats to the U.S borders, this action is geared towards strengthening the U.S. border security that enables the Department of Homeland Security to quickly and reliably identify a traveler from these standardized documentation. Additionally, passport scanning will give the Department of Homeland Security direct access to the Canadian record database. Thus the U.S. can get access to what record an individual has in Canada just by scanning his or her passport. The Canadian Passport makes it very easy for the Department of Homeland Security officials to request a download of your criminal record from the Canadian database. Prior to June 1st 2009, the U.S. Border Protection Officers still had access but it took a longer time to check, however, they can check on someone very quickly now.
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| What documents are required for Canadian to enter the United States? |
| Starting June 1st 2009, Canadian citizens over the age of 16 need one of the following to cross the U.S border by land or sea. |
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Canadian Passport |
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Enhanced driver’s license or enhanced identification card |
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NEXUS or FAST card |
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| For Canadian citizens under the age of 16, must show proof of citizenship, such as present a photocopy or original birth certificate, or a citizenship card. |
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| Can I drive across the border using a rental vehicle? |
Driving a rental car across the US/ Canadian border is usually not a problem, so as long the proper arrangements have been made with the car rental company. That is an individual must have the rental agreement available, and it must state that the individual has permission to take the vehicle across the border. Likewise, if an individual is driving a private car which isn’t registered in the name of someone going on the trip, then written proof of permission from the owner to take the car across the border is needed. The reason why these things are so important is that border officials are on the lookout for stolen cars, or people attempting to avoid paying duties on bought cars.
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| Will my laptop slow me down when crossing the border? |
Yes it may. The Department of Homeland Security contends these searches and seizures of electronic files are vital to detecting terrorists and child pornographers. They don’t need any suspicion or wrong doing to search an individual laptop. If it turns out there’s nothing suspicious, they eventually have to destroy their copies of the seized information, but they can keep any notes they took about it.
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| Are all people treated the same when crossing the border? |
No. There are groups of people who are closely examined and interrogated each time they cross the border. They may be detained much longer than the average individual. Depending on which category an individual is classified into will determine the length of time an individual spends at the border, and the level and extent of interrogation.
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What happens if you are caught at the border with traces of remnant of marijuana in the vehicle you were traveling in?
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Individual in the vehicle are responsible for the content of the vehicle they are driving in. If you get caught with traces of remnants of marijuana in the vehicle you can be denied from entering the United States and this information will be entered on the U.S. database system where it will be on the system forever.
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Can the Department of Homeland Security access your criminal record?
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Yes they can. Once they have downloaded your record on their system, it will always be there.
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Can I go to the border to find out if I am eligible to enter the United States?
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Once you go down to the Canadian/ U.S. border to get information on eligibility, they will finger print you. These records are entered on their system if it is not there. Once your information is entered on their system, they will always have this information on their system.
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I have crossed the border many times and have not been stopped, why will that change now?
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Prior to June 1st 2009, you may have crossed the border many times and have never been stopped. The reason is that your criminal record is not on the U.S. Database System; the reason being is that the U.S. Officials may not have downloaded your record from the Canadian Database. However, with the introduction of machine readable passports, the U.S. Border Official, simply scans your passport, and can request a download of your record. The chances are they may be able to download your criminal record. It is better to know what they have on you before you decide to cross the border.
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| What things can affect you when you cross the border to enter the United States? |
| There are a number of things that can result in refusal of entry into the United States. |
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Unpaid speeding tickets in the United States |
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Having been refused entry already |
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Any legal judgement |
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Pending court cases |
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A criminal record in the United States and Canada. |
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Which card do I apply for a NEXUS or FAST?
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Depending on your nature of crossing the border will determine which card you can apply for. NEXUS is designed for low risk, pre approved travelers into Canada and the United States. FAST card is designed to keep commercial traffic flowing smoothly. The FAST Card program was set up for drivers, carriers and importers to facilitate a faster and smoother flow between the United States and Canada.
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What is the processing time for obtaining a NEXUS card?
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| A NEXUS application usually takes approximately 6-8 weeks to process. Incomplete or illegible applications will cause delays and increase the processing time. |
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Can I get a NEXUS card if I have a criminal record?
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| No. This program is designed for low risked travelers; you will be required to get a pardon first before you can apply. |
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