Canadian Immigration News

New 2021 Violation Rules: Entering Canada with a NEXUS Card

3.25 minute read
"Thousands of people are waiting for the Covid-19 travel restrictions to be lifted before resuming travel between Canada and the United States. Pre-pandemic, thousands of travelers used to travel between Canada and the US every day for both family and business reasons."
Written by My Visa Source Team
Published on:  Jul 5, 2021
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Thousands of people are waiting for the Covid-19 travel restrictions to be lifted before resuming travel between Canada and the United States. Pre-pandemic, thousands of travelers used to travel between Canada and the US every day for both family and business reasons. 

It's just a matter of time before Canada and the US borders are open to travelers again. Therefore, if you are planning to travel to Canada in the coming months, then you can opt for expedited processing through pre-screening programs such as NEXUS

What is the NEXUS Program?

The Canadian Border Services Agency (CBSA) and the US Customs and Border Protection (CBP) are cooperating for the NEXUS program to simplify border crossings while enhancing security for both members. 

According to estimates made by the CBSA, 1.4 million of the 1.7 million NEXUS cardholders are Canadian citizens and permanent residents. The NEXUS program is for frequent travelers between the US and Canada border who want a more seamless experience of crossing the border by going through prior pre-screening. 

NEXUS members use designated lanes at the northern border Ports of Entry (POE). Members are required to pay one fee for having crossing privileges at air, land and marine POE that allow the program. 

Who Is Eligible for the NEXUS Program?

The NEXUS program is for Canadian, US and Mexican nationals (citizens or permanent residents) who are members of Mexico’s trusted traveler program in Canada and in the US. Members under the age of 18 will need consent from their parents or guardians. 

The following reasons will make you ineligible for the NEXUS program:

  • Providing false or misleading information
  • Having past criminal convictions or a pending criminal charge or outstanding warrant (including driving under the influence)
  • Have been found in violation of any customs, immigration or agricultural regulations or laws in any participating country
  • Under an ongoing investigation by any federal, state or local law enforcement agency
  • Inadmissible to the US under immigration regulations, even after obtaining approved waivers of inadmissibility or parole documentation 
  • Unable to convince a CBP or CBSA official of your low-risk status

What Are the Benefits of the NEXUS Membership Card?

If you are a member of the NEXUS program, then you will receive a radio frequency identification card to use when entering Canada or the US at the designated land, air or marine NEXUS POE. NEXUS members get certain additional benefits including:

  • Dedicated processing lanes at land border crossings
  • NEXUS Kiosks when entering Canada
  • Global Entry Kiosks when entering the US
  • In the US or Canada, you can call a marine telephone reporting center

How to Apply for Membership in the NEXUS Program?

You must use the Trusted Travelers Programs (TTP) website to submit your application for a NEXUS membership. You will be required to meet the eligibility requirements for the program. You must be admissible to both Canada and the US. You must pass a risk assessment by both countries.

While NEXUS provides a very simplified pathway for expedited processing, concerns have been raised recently, due to hundreds of NEXUS cards being revoked due to minor violations. To rectify the situation, Canadian officials have announced that they plan to tweak certain rules to make it possible for travelers in similar situations to appeal.

What Are the New Rules for NEXUS Card Violations?

According to the new rules, Canadian officials will be unable to revoke your NEXUS membership card due to minor violations. Earlier, if your card has been revoked on multiple occasions due to minor infractions, then the CBSA officials had full authority to cancel your membership card.

However, now you can appeal this decision to keep your NEXUS card privileges. Even if your card was revoked in the past, you can appeal by attaching a copy of the federal court decision or by explaining what happened the first time and demonstrating how it was an isolated decision and not part of a pattern of conduct.

How to Appeal Your NEXUS Membership Revocation?

To appeal your NEXUS membership revocation, you must submit a request for review within 90 days to the CBSA’s Recourse Directorate. You can either submit an E-Appeal or mail a letter.

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