Canadians: Trouble with US Customs ?

[Ykgorbie]

I have a (Canadian) friend who, after seeing my love of cruising, took his first cruise in Jan. of 2011 out of Tampa with no problems. He liked it enough that he booked another cruise out of Tampa this past January. It was a 7 day cruise to the Western Caribbean: Cozumel, Belize and Grand Cayman. When the Legend was starting their disembarkation process, he was pulled aside and questioned about a 27 year old charge for a "hit and run". He hit a parked car, took off, but was subsequently caught, charged and lost his licence for 2 years plus paid a fine. Remember, this was a 27 year old charge. The US Customs officer DEPORTED him because of it. Now he can't go to the US again.

Any other Canucks finding that they are cracking down a little too hard lately?

[Not_Done_Living]

I am Canadian - and i think they did their job.

He was given opportunity to declare the crime. He clearly did not, as he ended up with a deportation and no entry clause.

 

He should have followed the law and sought a pardon before travel.

 

I have traveled with a friend in the same situation, and he was allowed to voluntarily withdrawal his request for entry, and apply for a pardon after being polite and cooperative- yeah it ruined our weekend but ---

 

 

Also note that Canada denies entry for DUI arrests regardless of age.

[dubois]

I am Canadian - and i think they did their job.

He was given opportunity to declare the crime. He clearly did not, as he ended up with a deportation and no entry clause.

 

He should have followed the law and sought a pardon before travel.

 

I have traveled with a friend in the same situation, and he was allowed to voluntarily withdrawal his request for entry, and apply for a pardon after being polite and cooperative- yeah it ruined our weekend but ---

 

 

Also note that Canada denies entry for DUI arrests regardless of age.

 

You're correct with your statement. An adjudicated hit and run charge would not rise to the level to bring about a denial for entry into the US. A refusal to admit to a criminal record certainly would. There's more to this story then your friend is claiming.

[Ykgorbie]

He wasn't asked any questions. They already had him singled out before he even got in line. They called his name and asked him to go into a separate room. Odd thing is, he has travelled to the US LOTS of times in the past 27 years. Just wondered if some rules have tightened up. He was quite shocked as it had never ever come up before.

[RDC1]

He wasn't asked any questions. They already had him singled out before he even got in line. They called his name and asked him to go into a separate room. Odd thing is, he has travelled to the US LOTS of times in the past 27 years. Just wondered if some rules have tightened up. He was quite shocked as it had never ever come up before.

 

It is the responsibility of the traveler entering the US to have filed a form requesting a waiver if they have been previously convicted in another countries criminal justice system. The purpose of the form is for an evaluation to be made if they are can get a waiver and enter the US.

 

As they say ignorance of the law and the requirement is not an excuse as far as the law is concerned.

 

There are similar requirements for entering Canada. Bottom line is if you have ever been convicted of a crime you need to check the requirements for any country you intend to travel to.

 

May have been a random check of records. May also have been that the computer had flagged his visits and triggered a records request. There also might be a new system for exchanging information between the US and Canada that has gone into operation since his last visit.

[jtdlmc]

I live in a border city and travel to the US quite often. My DH had a criminal charge in his much younger years in Canada (assault) and assumed for years that he was not allowed into the states. I asked as I was crossing once shortly after we were dating and was told that in order to be deemed inadmissible to the US it would have to be a felony charge and this officer told me in an assault case that means attempted murder. He had to go over to the US customs office and fill out a form (not a waiver or pardon) and he received a letter back from the US Gov't that he is not inadmissible to the US and now goes over all the time with no problems. I wouldn't think a simple hit and run would be a felony offence???

[Ykgorbie]

I live in a border city and travel to the US quite often. My DH had a criminal charge in his much younger years in Canada (assault) and assumed for years that he was not allowed into the states. I asked as I was crossing once shortly after we were dating and was told that in order to be deemed inadmissible to the US it would have to be a felony charge and this officer told me in an assault case that means attempted murder. He had to go over to the US customs office and fill out a form (not a waiver or pardon) and he received a letter back from the US Gov't that he is not inadmissible to the US and now goes over all the time with no problems. I wouldn't think a simple hit and run would be a felony offence???

 

That's just it. It isn't a felony offence. When he finally did get back into Canada and had to produce his passport to the Cdn officials and told them the story, they rolled their eyes. Now he will have to travel to either Edmonton or Calgary to a consulate office (that is about a $600 airfare from where we live) + pay a minimum of $ 800 to get the paperwork in order and should he finally get a letter from them, there is still no guarantee that the US Customs officials will let him enter the US.

[imluvncruzn]

We just got off a cruise in January and my dad who is a US resident but Canadian citizen, was also pulled aside and questioned for a very long time about a DWI he had back in the 70's. Now this was my dad's 4th cruise and he never had a problem on previous cruises. He also possesses a NEXUS pass. After about a half hour of questioning, they let him go and he joined the rest of the family waiting outside.

[smeyer418]

FYI a hit and run without injuries in most states is a misdemeanor or less(a traffic infraction) although if much damage was done it could be a felony. A hit and run with injuries in most states is a felony. sounds like it may be a quid pro quo...all those USA citizens going to Canada with DWI's(mostly not felonies) being stopped. maybe his brother in law was stopped. BY the way its immigration that stops you not customs although they all work for CBP(customs border protection)...

[Ykgorbie]

I have read that the U.S. is cracking down on this - BUT they were supposed to be cracking down on immigrants with records. I think they are going a bit overboard. Being deported for a 27 year old charge for hitting a parked car is a bit over the top of you ask me. My friend is not going to shell out the possibly thousands of dollars to get a piece of paper that may or may not let him into the country next time. Another country will now get his tourism dollars.

[thinfool]

Another country will now get his tourism dollars.

 

I don't blame him but.....he may want to do some research as to where he will spend them.

 

He runs the risk of finding another country has the same or more stringent standards.

 

Computerized records have already wiped out any possibility of privacy or lack of access by authorities to your legal history, regardless of country.

[misguidedangel]

My cousin had drug charges when he was a teenager and when he was in his 30's he applied for a pardon and was granted. He travelled to the US to visit his wife who was working at one of the many natural disasters doing insurance work. He was questioned at US Customs and the agent asked him a question that should not have been asked--have you been pardoned for a crime. He said yes, said what for and WHEN (who didn't do drugs in the 70's!) and was told NO to entry to the US. He got it cleared up a few days later and was admitted to the US.

 

My brother did a very stupid thing when he was 20 and got community service and a fine for it. It was theft under $5000. Flash forward 10+ years he was travelling to the states with his bosses racing crew and they checked everyone and he admitted to petty theft crime and he was told he couldn't cross the border and told what he needed to do to be able to cross the border. He was able to get the forms and get the paperwork started that would allow him to cross. He had to make another trip to the border to hand the paperwork in and wait for the documentation that would allow him to travel. He's traveled to Vegas and on two cruises and the last cruise that went to Belize is the only time he has been detained, and only for an hour before he was told he could go..oodly enough, another Canadian who won a nice five figure sum in the casino and took the cash option was detained by US customs when they too were getting on a bus and heading to the airport in Houston...

 

I watch Border Patrol (Canadian version) and have watched the US version of the show and ya, if you catch the border agent on a BAD day, you don't get in, get em on a good day and you can walk through customs with FOUR times your allowed limit in spending without question...then again, you could get em less than two hours before their shift is over and they are not happy campers.....

 

I remember having a Canada Customs agent come talk to our class (wanted to be, still do, a travel agent) and he said they all know the rules, and a lot of the work is based on their mood that day and how forgiving they can be.

[StevenCruz]

I have a (Canadian) friend who, after seeing my love of cruising, took his first cruise in Jan. of 2011 out of Tampa with no problems. He liked it enough that he booked another cruise out of Tampa this past January. It was a 7 day cruise to the Western Caribbean: Cozumel, Belize and Grand Cayman. When the Legend was starting their disembarkation process, he was pulled aside and questioned about a 27 year old charge for a "hit and run". He hit a parked car, took off, but was subsequently caught, charged and lost his licence for 2 years plus paid a fine. Remember, this was a 27 year old charge. The US Customs officer DEPORTED him because of it. Now he can't go to the US again.

Any other Canucks finding that they are cracking down a little too hard lately?

 

Sorry to hear that, but it's not unheard of. Canada implements a 5-year entry ban to anyone who's had a DUI, and then you need to go through an appeals process to be allowed entry after that.