Crossing the border with a criminal record can be complicated — whether you’re trying to enter Canada or the United States. Both countries offer ways to overcome inadmissibility, but the processes are very different. This article explains the key differences between Canada’s Criminal Rehabilitation and the U.S. I-192 Waiver, helping you understand which one applies to your situation.

1. What is Canada Criminal Rehabilitation

Criminal Rehabilitation is a permanent solution for people who are criminally inadmissible to Canada because of convictions outside of Canada. Once you are approved, you are no longer considered inadmissible and you can travel freely to Canada without reapplying in the future provided you also do NOT have to overcome issues related to deportation or convictions in Canada.

If inadmissible to Canada due to convictions in Canada, then a Canadian Pardon (or Record Suspension) must be applied for. To learn more about Canadian Pardon/Record Suspensions, check out: Pardons & Record Suspensions. If you were ordered removed or deported from Canada, you may have to apply for authorization to come to Canada after Criminal Rehabilitation and/or Pardon (Record Suspension) have been approved.

Eligibility

You can apply for Criminal Rehabilitation if:

• At least five years have passed since you completed your entire sentence (including jail, probation, fines, or community service).
• You can show evidence of rehabilitation and good conduct since your conviction.

If ten years have passed since completing your sentence and your offense was minor, you may be deemed rehabilitated automatically — meaning you can enter Canada without an application.

2. What is the U.S. I-192 Waiver

The I-192 Waiver, officially known as the “Application for Advance Permission to Enter as a Nonimmigrant,” allows foreign nationals who are inadmissible to the United States to apply for temporary entry. This includes Canadians with a criminal record, as well as other foreign citizens who want to visit the U.S. for business, family, or tourism.

Eligibility

You can apply for an I-192 Waiver if:

• You have a criminal record, prior immigration violation, or other grounds of inadmissibility.
• You can prove you are rehabilitated and no longer pose a risk to the U.S.
• Are a Canadian Citizen.

There’s no specific waiting period, but the seriousness of your offense and how long ago it occurred will strongly affect your chances of approval.

Non-citizens of Canada may have to apply for a visa/waiver through the US Consulate. It is our experience that non-citizens of Canada who are inadmissible to the United States may have a difficult time getting a visa/waiver through the US Consulate. Their chances of approval are more favorable if they wait to apply for a US Waiver after they become a Canadian Citizen. An I-212 Application may also be required for individuals who were removed or deported from the United States.

3. Application Process

• Canada Criminal Rehabilitation:

• Submit your application to Immigration, Refugees and Citizenship Canada (IRCC) or at a visa office.
• Provide court documents, police certificates, and proof of rehabilitation.
• Processing time can range from 6 to 12 months or longer.
• Once approved, it’s permanent.

• United States I-192 Waiver:

• File the I-192 application with U.S. Customs and Border Protection (CBP) through the ARO (Admissibility Review Office).
• Provide court and police records, personal statement, letters of reference, and proof of rehabilitation.
• Processing usually takes 6 to 18 months.
• Approval is temporary, requiring renewal before expiry.

4. Decision Factors

Both countries consider similar factors:

• Nature and seriousness of the offense
• Time elapsed since completion of sentence
• Evidence of rehabilitation
• Personal and professional conduct since conviction

However, Canada’s decision focuses more on completion of sentence and time passed, while the U.S. emphasizes ongoing discretion and moral character — meaning even an old record can still cause issues if despite the passage of time there is no documentary proof of rehabilitation.

5. Comparison

Below is a summary of the differences between Canada Criminal Rehabilitation vs I-192 Waiver of Inadmissibility

6. Which One Do You Need?

• If you have a criminal record outside Canada and want to enter or immigrate to Canada, apply for Criminal Rehabilitation.
• If you are Canadian with a U.S. criminal record and want to enter the United States, you must apply for an I-192 Waiver.
• Other application types may include: Canada Pardon/Record Suspension, Authorization to Return to Canada, I-212 for removal or deportation from USA, visa/waiver for non-Canadians wishing to enter the USA.

7. Why Professional Help Matters

Both applications require detailed documentation and a compelling narrative of rehabilitation. A small error or missing document can cause long delays or denials. Working with a legal professional experienced in cross-border admissibility ensures your application is properly prepared and supported.

• For US Waiver assistance: contact us, the Canadian Legal Resource Centre Inc. 1-800-320-2477 Toll Free (or 403-229-2774 Calgary). Check out our main page on Waivers here: US Waiver of Inadmissibility.
• For Criminal Rehabilitation: you can contact https://www.ciecsi.com/ or any licensed Canadian Immigration Consultant or Canadian Lawyer. To learn more: Government of Canada Website on Criminal Rehabilitation.

Summary

Both Canada’s Criminal Rehabilitation and the U.S. I-192 Waiver provide hope for those with past convictions. The main difference and purpose of this blog post is to differentiate between Criminal Rehabilitation vs I-192 Waiver, which lies in permanence. Criminal Rehabilitation clears your record for entry permanently, while the I-192 Waiver grants temporary permission to enter the U.S. Both can be life-changing for those seeking freedom to travel, work, or reunite with family across the border.

 

NOTE: There are two types of Waivers: I-192 Waivers for inadmissible individuals seeking temporary entry to the USA and I-601 Waivers for individuals who are inadmissible to the United States and seek to immigrate to the United States. Rues regarding admissibility are different for Non-Immigrants vs Intending Immigrants. The chart above applies to temporary I-192 Waivers for Non-Immigrants. To learn about inadmissibility involving I-601 Waivers, consult with a US Immigration Lawyer.