Does Canadian need a Waiver to get off Cruise ship in the USA -
QUESTION: My husband is a Canadian Citizen and would like to know if he has a criminal
record could he get a passport. If so then if he goes on a cruise ship from Vancouver could he
get on and stay on the ship. We will be stopping and boarding at some United States ports.
It depends on the charge and the conviction and I am NOT an
He can go to any international airport or Train Station that
has a US preclearance office or any US consulate or you can write to any US
Consulate to obtain a copy of a US Visa Waiver package.
You can also to
to any land US POE (Port of Entry) and ask fro a package. If you do this,
it is better to park on the Canadian Side and walk to the US office and ask for
You can find a list of all US Embassies, Consulates and
Diplomatic Missions at - http://www.usembassy.gov/
can also use the services of a lawyer or something like PARDONS CANADA to help
Also, if he only has one shoplifting charge or one DUI, he will have
a criminal record but neither of those if they are the only one, would require a
Armed Robbery - yes
Spousal Assault - yes
But you have to check. The easiest and cheapest
way by far is to go to a land border or an airport and ask if your specific
situation requires a waiver.\
If it does, ask for the package and expect
to wait a year or more for it to be approved. And, Do NOT book any cruises
in US waters in the meantime.
The following may
I have been convicted of impaired driving ...am I able
to enter into the US or will I be rejected?
It can cause a problem but should not stop your entering
the USA if that is all there is. Just make sure that you tell the officer
about it at the border even if not asked.
As an example, Gordon Campbell,
the present Premier of British Columbia spent a night in jail and was convicted
of Impaired driving in Hawaii and still goes back every year. You could
say you are in good company and you would be because Gordon is doing a pretty
good job settling land claims, etc.
It DOES stop an American with one US
DUI from entering Canada however. My favourite story was 16 years ago
A fellow named Carmack from Atlanta, Georgia was going to Whitehorse
in august 1992.
Well, he was the great nephew of George
Washington Carmack, one of the discoverers of the Yukon Goldrush along with
Skookum Jim Mason, his Brother in Law. http://en.wikipedia.org/wiki/George_Carmack
had a gold embossed invitation from the Queen of England, a letter from the
Acting Prime Minister of Canada, Erik Nielson (brother of Leslie Nielson, the
actor) and his ticket was paid for by the Canadian Government.
was to be a special guest for the 50th Anniversary celebrations of the Alaska
Highway at Carmacks, a town named after his great uncle. http://www.yukoncommunities.yk.ca/communities/carmacks/
when the Canadian Customs inspector asked him if he had ever been arrested, he
said yes, for DUI eight years before and that was it. He was turned back
even though the inspector could have told him that he could have purchased a
special permit for a one time entry or even got a permanent entry for
What was silly, was that this Carmack was the Deputy director of
the FBI in Atlanta.
It can happen to anyone on either side of the
You can, of course, go to any border office or the Homeland
Security at the airport or at a border crossing at a time when you are not
intending to cross and check with them to make sure that I am correct. If
you happen to be in Vancouver or Niagara Falls or st Lambert Quebec where the re
is a US Customs and Homeland Security pre-clearance for AMTRAK trains, going to
the station just as the train is pulling out of the station usually gets you an
officer to talk to who has nobody else to talk to and you can get a decent
was searched at the US border two days ago. They did not find anything but
I was asked if I had ever smoked marijuana. I said yes, and mentioned that
President Clinton had even smoked marijuana.
I was treated
like a criminal, fingerprinted, and banned from the United States.
told I had to get a waiver. What's a
Admitting to the smoking of marijuana, the taking of
Magic mushrooms, being part of an LSD experiment in the sixties are all grounds
for inadmissibility to the United States.
Bill Clinton admitted to
smoking Marijuana in Britain. If he had not been a US Citizen, that
admission is enough to ban him from the USA for life. Most people caught
in this have been to the states 50 to 100 times before it rears its ugly
Our BC Premier was arrested and jailed in Hawaii for Drunk
Driving. If he was not a Canadian citizen, that is enough to ban him from
Canada for life (without a waiver from Canada). In August 1998, We banned
and refused entry to FBI Assistant Director Carmacks because he had an eight
year old SUI in Georgia.
And whatever you do, don't have a blog
about your old experiences or mention it in an email.
following story from the Herald Tribune will explain the process and why and
futility. Now that I have said that, I think that Mr Feldman has
over-reacted. Getting a waiver is tedious and embarrassing but relatively
easy to do . You do NOT need a lawyer. Just fill in the
paperwork. There are organizations that can help that I mention further
on. I don't do it anymore because I am too busy with tax but up to 2000,
had likely helped over 100 people with their waiver applications and none were
turned down that I know of.
This comes from: http://www.iht.com/articles/2007/05/14/news/legal.php
Web searches at U.S. border bring scrutiny to new
The search turned up an article in a 2001 issue of the journal Janus
Head devoted to the legacy of R.D. Laing, with whom Feldmar had studied in
London about 30 years before.
"I traveled to many regions many times with the help of many different
substances," Feldmar wrote of his experiences with Laing and other psychiatrists
and therapists. "I took peyote, psilocybin mushrooms, cannabis" and other drugs,
he added, "but I kept coming back to LSD."
He was asked by a border guard whether he was the author of the article
and whether it was true. Yes, he replied. And yes.
Feldmar was held for four hours, fingerprinted and, after signing a
statement conceding the long-ago drug use, sent home.
Mike Milne, a spokesman for the Customs and Border Protection agency in
Seattle, said he could not discuss individual cases for reasons of privacy. But
the law is clear, Milne said. People who have used drugs are not welcome
"If you are or have been a drug user," he said, "that's one of the many
things that can make you inadmissible to the United States."
He added that the government was constantly on the hunt for new sources
of information. "Any new technology that we have available to us, we use to do
searches on," Milne said.
Feldmar has been told by the American consul general in Vancouver that
he may now enter the United States only if he obtains a formal waiver.
"Both our countries have very similar regulations regarding issuance of
visas for citizens who have violated the law," the consul, Lewis Lukens, wrote
to Feldmar in September. "The issue here is not the writing of an article, but
the taking of controlled substances."
The waiver process would require a lawyer, several thousand dollars and
dishonesty, Feldmar said. He would have to say he has been
"Rehabilitated from what?" he asked. "It's degrading, literally
Ethan Nadelmann, the executive director of the Drug Policy Alliance,
which works to ease drug penalties, said Feldmar's case proved how arbitrary
U.S. drug policy can be. "Roughly a majority of the population of the United
States between the ages of 18 and 58 has violated a drug law at least once," he
Feldmar said, "I should warn people that the electronic footprint you
leave on the Net will be used against you. It cannot be
The Following two stories come from my April
I do not know this couple either. It
comes from CTV National News. Couple in
Maple Ridge are going to U.S. through
the same Huntington crossing. They
have been down dozens of times. They are
asked if they have ever been
arrested. He says no because he has a Canadian
pardon. For some reason, the
INS people check. He was arrested and charged
and convicted 18 years before
for the possession of a single marijuana
cigarette. HER car is seized. At
last word, the car was not being returned
and will not be.
Same Crossing. A Vancouver City
Policeman who has a criminal charge against
him and is under suspension is
going across the border with his wife and one
other person. His truck is
seized for trying to get into the U.S. while
under a charge. It also turns
out his wife has a criminal record.
You see; it does not matter whether
you are asked or not, it is illegal to
enter the U.S. if you have a criminal
record or have been arrested unless
you have a waiver from the U.S.
Department of Justice. And, if you are
taking someone else across with your
car or they borrow your car and drive
across the US border without mentioning
the charge (even with a waiver
form), you lose your car.
is a newsletter from a couple of weeks ago It also deals with getting a
Canadian Pardon if you have an actual conviction and have not just admitted to
something morally illegal under US and / or Canadian law. Remember that in
the 70's, John Sheffield received a fie year sentence for possession of LSD on
the very same day that the LeDain Commission recommended that marijuana be
lefgalized or at least decriminalized.
hope this all helps
SUGGESTED PRICE GUIDELINES - Aug 5,
david ingram's US / Canada Services
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This is not intended to be definitive but in
general I am quoting $900 to $3,000 for a dual country tax
$900 would be one T4 slip one W2 slip one or two
interest slips and you lived in one country only (but were filing both
countries) - no self employment or rentals or capital gains - you did not move
into or out of the country in this year.
$1,200 would be the same with one rental
$1,300 would be the same with one business no
$1,300 would be the minimum with a move in or out
of the country. These are complicated because of the back and forth foreign tax
credits. - The IRS says a foreign tax credit takes 1 hour and 53
$1,600 would be the minimum with a rental or two in
the country you do not live in or a rental and a business and foreign tax
credits no move in or out
$1,700 would be for two people with income from two
$3,000 would be all of the above and you moved in
and out of the country.
This is just a guideline for US / Canadian
We will still prepare
Canadian only (lives in Canada, no US connection period) with two or
three slips and no capital gains, etc. for $200.00 up.
However, if you have a stack of 1099, or T3 or T4A or T5 or K1 reporting forms,
expect to pay an average of $10.00 each with up to $50.00 for a K1 or T5013 or
T5008 or T101 --- Income trusts with amounts in box 42 are an even larger
problem and will be more expensive. - i.e. 20
information slips will be at least $350.00
With a Rental for $400, two or three rentals for
$550 to $700 (i.e. $150 per rental) First year Rental - plus
A Business for $400 - Rental and business likely
$550 to $700
And an American only (lives in the US with no
Canadian income or filing period) with about the same things in the same range
with a little bit more if there is a state return.
Moving in or out of the country or part year
earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the first and $25.00
each after that when part of a tax return.
8891 forms are generally $50.00 to $100.00
18 RRSPs would be $900.00 - (maybe amalgamate a
Capital gains *sales) are likely $50.00 for
the first and $20.00 each after that.
Catch - up returns for the US where we use the
Canadian return as a guide for seven years at a time will be from $150 to
$600.00 per year depending upon numbers of bank accounts, RRSP's, existence of
rental houses, self employment, etc. Note that these returns tend to be
informational rather than taxable. In fact, if there are children
involved, we usually get refunds of $1,000 per child per year for 3 years.
We have done several catch-ups where the client has received as much as $6,000
back for an $1,800 bill and one recently with 6 children is resulting in over
Email and Faxed information is convenient for the
sender but very time consuming and hard to keep track of when they come in
multiple files. As of May 1, 2008, we will charge or be charging a
surcharge for information that comes in more than two files. It can take
us a valuable hour or more to try and put together the file when someone
sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and
emails for instance.
This is a guideline not etched
in stone. If you do your own TDF-90 forms, it
is to your advantage. However, if we put them in the first year, the computer
carries them forward beautifully.
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CEN-TA Cross Border Services - Tax, Visas, Immigration