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CSA TRAVEL INFORMATION GUIDE
States. Even though you may have entered the U.S. without problems in the past, you could encoun-
ter difficulties if your record shows a criminal conviction or a previous denial of entry. Attempting
to gain entry without a waiver could result in several weeks of detention at a U.S. Department of
Homeland Security facility.
It is always good advice to also speak with an immigration lawyer familiar with United States
immigration law if you are seeking a waiver of ineligibility. You can search for a member of the
American Immigration Lawyers Association practising in Canada or the United States by logging onto
your computer and visiting the web site
http://www.ailalawyer.com
.
Refusal of/Banned from Entry
The permanent U.S. record created when a Canadian has been refused entry to the United States
becomes part of a computerized database readily available at all land border and inland ports of
entry as well as at U.S. Department of Homeland Security pre-clearance facilities in Canada.
An initial refused entry does not necessarily mean you are banned from subsequent entry. At the
time of refusal you will normally be advised of the requirements you have to meet to re-apply for
entry (such as obtaining a waiver or producing documentation supporting your intention to return to
Canada at the end of the trip).
If, however, you attempt to enter the United States at another port of entry without first trying to
satisfy these requirements, you could be fined or have your vehicle seized, or both. There are appeal
procedures, but they are prolonged, costly and unlikely to reverse the original decision. If you have a
past criminal conviction, you could also be detained for deportation at a Citizenship and Immigration
Service detention centre.
Canadians travelling to the United States should be aware of the U.S. immigration “expedited
removal” procedure that allows an immigration agent, with the concurrence of a supervisor, to bar
non-U.S. citizens from the United States for five years, if, in their judgment, individuals present false
documents or misrepresent themselves. There is no formal appeal process under expedited removal,
but if you believe the law has been misapplied in your case, you can request a supervisory review in
writing from the district supervisor responsible for the port of entry where the decision was made.
In any event, such an appeal is not likely to take place until well after that year’s “snowbird” travel
season has concluded.