U.S. Immigration

Frequently Asked Questions

• How does US immigration deal with pardoned Canadians?

  Residents of British Columbia who have made use of the opportunity to get pardons for prior criminal convictions might not realize how that could affect their trips across the border. A man from another province recently reported how a pardon led to the U.S. immigration officials barring him from entering the United States. British Columbia citizens could have similar unanticipated problems.

  The man explained that he had a couple of mischief convictions that followed overindulgence of alcohol when he was much younger. He says both cases were conditionally discharged, and the record had little or no effect on his adult life. However, his wife, who is a teacher, convinced him to apply for a pardon. He did as she asked and admitted that receiving pardons for both charges relieved him of the ever-present burden.

  The man also explained that he was a frequent traveller to the United States, and before the pardons, border agents never had a problem with him crossing the border. This was because mischief is not a crime that typically prevents entry into the U.S., and border agents could see which crimes were on his record. However, once they were pardoned, the details were erased. Because authorities could then only see that he was pardoned for old crimes, with no idea of the severity of his crimes, he was refused entry into the United States.

  Anyone in British Columbia who is in a similar situation might have questions about their future travels south of the border. Any issues related to U.S. immigration laws are best dealt with by an experienced lawyer who deals with border issues daily. Sorting out these issues before arriving at the border could avoid hours of questioning, and even being barred from entry into the United States.

• What is expedited removal from the U.S.?

  Anyone in British Columbia might have reason to feel apprehensive about going south of the border. Trips to Seattle, which were previously routine, have become nerve-wracking episodes. Although media reports indicate that U.S. immigration is targeting people with ties to Middle Eastern countries, extreme measures have been taken against others without such connections.

  Expedited removal is a legal provision that allows U. S. Customs and Border Protection officers to deny certain aliens entry into the United States, or physically remove them. When CBP officers suspect that a person’s claims are fraudulent or entry documents are invalid, they have the authority to issue an ER, without going through the normal removal proceedings that involve hearings before an immigration judge.

  Business groups on both Vancouver and Seattle sides of the border report the adverse economic impact the unpredictability of border crossings has had. Some transportation companies have been hard hit. Their businesses included transportation of goods from Canada, across the U.S border, to be delivered at the United States’ border with Mexico, from where the products would be distributed in Mexico. Although these trips were longstanding permitted drives, 18 of the truck operators had been issued expedited removal orders instead of the previous practice of issuing the drivers and their employers with fines.

  It has come to a situation in which any British Columbia residents who want to take trips south of the border may be well-advised to consult with legal counsel. A lawyer with experience in dealing with border crossing issues will be aware of any changes to U.S. immigration laws. Legal counsel can make sure that the client’s documents are in order and prepare the client for any questioning to which he or she might be subjected.

• What should you do if you’re declared inadmissible to the U.S.?

  There are various reasons why a Canadian citizen from British Columbia could be refused entry into the United States. However, anyone who does not require a visa under the U.S. immigration laws, and who is not approved for entry into the United States might be eligible to make an advance application for a temporary waiver of inadmissibility. However, this can be a lengthy process, and there is a substantial cost involved — regardless of whether the application is approved.

  Some of the reasons for inadmissibility include having overstayed a period of admission into the United States on a previous occasion. Anyone with a contagious disease might be denied entry, and also those who have been declared drug addicts or abusers or have been found guilty of violating controlled substance laws. Trafficking of people and involvement with money laundering are also reasons for inadmissibility.

  Multiple criminal convictions and a criminal history involving moral turpitude or transgressions (CIMT) will also prevent entry. The most common CIMTs include manslaughter, murder, rape, bribery, forgery, fraud, theft, prostitution and aggravated battery. However, determination of crimes constituting a CIMT is complex and might require a thorough examination of all the aspects of the offence.

  British Columbia residents who have been declared inadmissible under U.S. immigration regulations might need the support and guidance of a lawyer who focuses on helping Canadians to make border crossings into the U.S. without problems. This also applies when someone expects to be denied entry. An experienced lawyer can assess the reasons for inadmissibility and determine the viability of a waiver of ineligibility application.

• What happens to data downloaded by U.S. border agents?

  British Columbia residents who travel across the border into the United States might not realize that border control officials could search their phones and laptops. Under the U.S. Immigration laws, it is perfectly legal to carry out such searches. The Border Doctrine even allows agents to download the data from the electronic devices of travellers and then scan the downloaded data for breaches of national security.

  Border agents need no reasonable suspicion, probable cause or even a warrant to carry out manual searches on the phones and laptops of people who enter the U.S. If they then find reasons to suspect incriminating or security threatening data to exist on a phone, they are entitled to transfer the data onto a storage device for further scrutiny. But what happens to that data once it turns out to be non-threatening to national security?

  A report by Customs and Border Protection indicates that the U.S. government’s policy to erase data found to be legal has not been implemented in an alarming number of cases. Border agents compromised the security of individuals by noncompliance with the policy to erase the data, exposing them to disclosure of their personal data in the event of the theft of the devices containing the downloaded data. The report also revealed the drastic increase in warrantless data searches from approximately 5,000 in 2015 to 29,000 in 2017.

  British Columbia residents who plan to travel across the border might have some questions about what to expect as they cross the border. An experienced lawyer in Vancouver who deals primarily with U.S. immigration issues can provide the answers. He or she can also ensure that all the necessary documentation is ready and explain how the clients can protect their privacy and avoid having their rights violated.

• How can a FAST card help commercial truckers entering the U.S.?

  Freight worth billions of dollars is transported between Canada and the United States each year. A significant percentage of the cargo is transported by road on commercial trucks. Truck drivers who travel from British Columbia to deliver or pick up loads might have questions about the frequent border crossings and the U.S. immigration laws that might affect or even benefit them.

  British Columbia truckers who obtain a FAST North card can save time and money when they cross the border into Washington State — in both directions. Holding a FAST card will ensure quick processing of the cargo at the border crossing. To be eligible for such a pass, the entire supply chain with which the driver deals must be members of the Customs Trade Partnership Against Terrorism.

  The partnership members will be subject to special security measures because these companies and shippers are regarded as low-risk businesses. Commercial truck drivers can obtain FAST cards at the time of their initial training, or they can apply for passes at a later stage. Drivers who are permanent residents with Canadian citizenship might also be eligible for the Commercial Driver Registration Program, which also has advantages at the border.

  Truck operators in British Columbia can learn about more programs that will benefit their border crossings by consulting with an experienced U.S. immigration lawyer. A lawyer can also assist with obtaining the necessary documentation for easy border crossings. He or she can also make sure the client knows what to declare during border crossings and which items are restricted, prohibited or controlled.

• Why is US immigration handing more border bans to Canadians?

  A television network reportedly obtained information that shows an increase of 300% in the number of bans handed out at border posts in 2019 compared to 2018. The U.S. Customs and Border Protection’s Seattle field office issued 65 expedited removal orders during August 2019, while only nine Canadians were issued bans during August 2018. U.S. immigration offers no explanation for the significant increase.

  A Canadian man who had a summer job at a resort in British Columbia shared his experience with U.S. border patrol. Due to the seasonal high rentals in Osoyoos where he worked, he chose to stay rent-free with his girlfriend’s parents just south of the border in Washington state. His daily commute took no longer than 30 minutes in each direction, including the border crossing. He says he had pleasant conversations with border guards during the twice-daily crossings.

  However, after eight weeks of hassle-free border crossings, he was heading home at the end of a 10-hour shift. This time he was ordered to go inside, where the border officials questioned him for approximately five hours. The questioning concluded at about 4 a.m. when he was handed an expedited removal, banning him from entering the United States for five years. Although no proper explanation was provided, the man believes the fact that he lived rent-free with his girlfriend’s parents indicated that he did not intend to return to live in Canada.

  With all the uncertainty around border crossings, it might be a good idea for anyone in British Columbia to consult with a lawyer in Vancouver who has significant experience in dealing with all matters relating to U.S. immigration laws. Legal counsel can explain the potential problems that might occur at the border and assist the client in gathering all the necessary documents. With the support and guidance of legal counsel, chances of crossing the border smoothly might be increased.