Untitled Document
Being allowed to visit the U.S. is no longer easy for scores of ordinary
Canadians.
Just ask Christine Handford.
In September she and husband Gary embarked on an 18-day dream vacation to Disneyland
in California with their kids, aged six, 12 and 14.
The couple bought a new van for the journey, spent hundreds of dollars on games
and supplies and had shelled out money to book a hotel in California.
But 11 hours after driving from Edson to Coutts at the Montana border, their
dream vacation turned into a nightmare.
Gary was grilled by U.S. border guards for 21/2 hours, then told he
couldn't enter the U.S.
His crime? He'd been busted as an 18-year-old some 20 years ago over a minor
theft rap in Canada. Two buddies had pulled some B&Es and tossed their stolen
booty into his truck. Gary got lumped in as an associate and was fined $100
and sentenced to 18 hours of community work.
Said Christine: "After he was interrogated at the border and fingerprinted,
he came out of the customs office and said, 'We can't go. You guys go.' It was
heartbreaking.
"I burst into tears and the kids burst into tears. They said they didn't
want to go to Disneyland without him. They said it wouldn't be any fun without
their daddy."
They all headed home. Christine said the experience was mind-boggling because
Gary had frequently travelled to the U.S. prior to that, always admitting he
had a minor record.
When Gary told these customs officers about all those trips, one of them said,
'Yeah, well your luck ran out.'
He's now seeking a criminal pardon from the Canadian government. He's also
applying for a waiver of inadmissibility from the U.S., since Americans will
keep his criminal record on file there regardless of a Canadian pardon.
"For me it was almost like planning a wedding and having the groom run
out on me," said Christine.
Shane Bowen, who owns Edmonton-based Alberta Pardons, said Gary's story is
common these days.
"Ever since 9-11 it's been far tougher to get into the U.S.,"
said Bowen, whose firm deals with about 1,000 such files a year. "They
think everyone's a terrorist or something."
He estimates at least two Canadians per airline flight get denied entry to
the U.S. now because of criminal records - even if it was a minor infraction.
Bowen said it's currently common for any passengers boarding a plane for the
U.S. to have their names run through CPIC to check for criminal records.
Those who do apply for pardons from the Canadian government most often receive
them, he said.
But U.S. officials can still ban you from the States whether you've got a pardon
or not - if a person has admitted to American customs to having a criminal record.
A person's only option then is to apply for a waiver of inadmissibility from
the U.S. government. If someone is warned to stay away from the U.S. and tries
to enter without a waiver of inadmissibility, they take a big chance.
Bowen said they can be charged with illegal entry, have their vehicle seized
and be held in jail for up to three weeks without a lawyer. "That sort
of thing happened to a client of ours. He was jailed three days and when he
was released they'd already sold his truck at an auction."
Jill, a marketing consultant, found out the hard way that Americans now often
play hardball at the border. She's using Alberta Pardons in hopes of being allowed
into the U.S.
In June 2004 she was trying to cross the border at Blaine, Washington, with
her American boyfriend.
After a computer check, U.S. officials asked if she'd been in trouble with
the law. Jill - who doesn't want her last name published - admitted she was
fined $100 in 1990 for possession of less than an ounce of pot.
Despite the fact that she'd travelled to the U.S. dozens of times since 1990,
she was suddenly a persona non grata.
Since her denied entry she's had to stop doing business in the U.S. and pass
up on any holidays there.
"Besides that, my relationship with my boyfriend essentially dissolved
because I couldn't go there."
The U.S. takes a hard line these days with drug convictions and considers someone
with one inadmissible. It's among a string of sins that'll keep you out of the
U.S., including being a Communist party supporter or being HIV-positive.
Jill, meanwhile, remains hopeful she'll one day be allowed back into the States.
"My frustration is now more directed at the Canadian government. I'm very
disappointed my government would breach my privacy that way and give away such
conviction information to a foreign government."