Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 14, 2026: the Parole Board of Canada FAQ, the US State Department’s Foreign Affairs Manual and CBP’s Form I-192 page checked that day.
The short answer: a Canadian pardon (record suspension) does not let you into the United States. The US does not recognise it.
What you need: if your record makes you inadmissible to the US, an approved US entry waiver (Form I-192) from US Customs and Border Protection.
Why a lawyer: whether you need a waiver at all depends on how US law classifies your Canadian offence. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
Many Canadians with a criminal record think a pardon is what gets them across the US border. It isn’t. A record suspension (the current name for a pardon) is a Canadian order that sets your record aside in Canada. The United States does not recognise it, and US border officers may already have your record from before it was suspended. If your record makes you inadmissible to the US, the document you need is a US entry waiver, Form I-192. This guide explains why, and what to do instead.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares US entry waiver applications and record suspension (pardon) applications for Canadians with a criminal record; this guide is by Sundeep S. Grewal.
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Why a Canadian pardon doesn’t work at the US border
- US law ignores foreign pardons. The US Department of State’s manual says plainly: “Foreign pardons are not effective for immigration purposes.” A Canadian record suspension does not remove a US ground of inadmissibility.
- The US may already have your record. The Parole Board of Canada explains that once a record suspension is ordered, foreign countries no longer have access to the record through shared systems. But if the US accessed your record before then, it may have kept it, and officers may ask about it.
- You must answer truthfully. The Parole Board’s own advice is to answer questions about your convictions honestly. Denying a conviction at the border is misrepresentation, a separate US ground of inadmissibility that is harder to fix than the original record.
The Parole Board says it directly: a record suspension does not ensure entry to another country, and “For travel to the U.S., a U.S. waiver may be needed.”
Can you travel to the US with a criminal record?
Sometimes, without a waiver. It depends on what the offence was under US law, not on whether you have a pardon.
| Your record | Do you need a US waiver? |
|---|---|
| One impaired driving (DUI) conviction, nothing else | Often no, but CBP can still question you |
| One minor offence within the US “petty offence” exception | Often no |
| Theft, fraud, assault with intent to harm, or other crimes involving moral turpitude | Usually yes |
| Any drug offence, including cannabis possession | Usually yes |
| Admitted drug use or cannabis industry work, even without a conviction | Possibly yes |
| An earlier US removal or refusal for misrepresentation | Yes, sometimes with Form I-212 as well |
A pardon doesn’t change any line in that table. The US grounds, the exceptions and the waiver itself are in the US entry waiver (Form I-192) guide.
Pardon vs US waiver
| Record suspension (pardon) | US entry waiver (Form I-192) | |
|---|---|---|
| Who grants it | Parole Board of Canada | US Customs and Border Protection |
| What it does | Sets your record aside in Canada and removes it from CPIC | Lets an inadmissible person enter the US temporarily |
| Government fee | $50 | US$1,100 |
| When you can apply | 3, 5 or 10 years after the sentence ends | Any time |
| How long it lasts | Permanent, unless revoked | A period set by CBP; renew it before it ends |
| Helps with US entry? | No | Yes |
Should you get both?
Often, yes, for different reasons. The waiver is for crossing the border. The record suspension is for jobs, volunteering, licences and, for non-citizens, immigration status in Canada. A record suspension is also useful evidence of rehabilitation in a waiver application.
What I have seen on these files
I have prepared a US waiver and a record suspension for the same client. The court records, the rehabilitation evidence and the reference letters gathered for the waiver were used again in the record suspension, which saved months. The record suspension application did not replace the waiver: the waiver still had to be renewed when its period ended. If you need both, start the waiver first if you plan to travel; it can be filed at any time, while the record suspension must wait for its eligibility date.
What to do instead of relying on a pardon
- Get your RCMP fingerprint-based criminal record and your court records.
- Have them read against the US grounds and exceptions to see whether you need a waiver at all.
- If you do, file Form I-192 through CBP’s e-SAFE system and attend biometrics at a designated port of entry.
- Travel only with the approval, and answer border questions truthfully.
- Apply for a record suspension in Canada when you are eligible, for its own benefits.
Why this needs a lawyer
One lawyer, one file, every step:
- reading your record against the US grounds and the petty offence exception;
- deciding whether you need a waiver, a waiver plus Form I-212, or nothing;
- the I-192 package, personal statement and rehabilitation evidence;
- the record suspension in Canada, using the same documents;
- advice on answering border questions truthfully.
The confusion between a pardon and a waiver costs people refusals at the border. The legal question is how US law sees your Canadian offence, and that decides whether you need a waiver at all.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- I have seen travellers rely on a record suspension and try to cross without a waiver, then end up with a refusal on record.
- I have seen people deny a pardoned conviction at the border. If the officer already has the record, that becomes misrepresentation.
- I have seen people wait years for pardon eligibility before starting a waiver they could have filed straight away.
- I have seen people pay for a pardon expecting it to fix US travel, then need the waiver anyway.
Frequently asked questions
Can I go to the US with a pardon?
A pardon doesn’t help you enter the US. If your record makes you inadmissible, you need a US entry waiver whether or not you have a pardon.
Do I need a pardon to travel to the US?
No. A pardon is not required for US travel and doesn’t satisfy US law. What you may need is a US entry waiver, Form I-192.
Can I travel to the USA with a criminal record?
Sometimes. A single DUI or one minor offence often doesn’t make you inadmissible. Drug offences and crimes involving moral turpitude usually do. Have the record reviewed before you go.
Should I tell US border officers about a pardoned conviction?
Answer every question truthfully. The Parole Board advises answering honestly, and a false answer is misrepresentation under US law.
Is a waiver or a pardon faster?
A waiver can be filed at any time; CBP currently reports about 9 to 12 months. A pardon must wait 3 to 10 years after the sentence, then at least 6 to 12 months at the Parole Board.
What should I do right now?
Don’t book travel on the strength of a pardon. Get your fingerprints taken for an RCMP record and gather your court records, then have them reviewed to see whether you need a US waiver.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Parole Board of Canada: Got a question about your application? (page dated November 10, 2026)
- Parole Board of Canada: What is a record suspension?
- US Department of State, 9 FAM 302.3-2(B)(3)(h)(2): “Foreign pardons are not effective for immigration purposes”
- 22 CFR 40.21(a)(5)
- US Customs and Border Protection: Form I-192
- 8 U.S.C. 1182 (INA s. 212)
- Parole Board of Canada: Applying for a record suspension (page dated October 8, 2026)
This article is general information, not legal advice. Every case depends on its own facts.