The US entry waiver application

A US entry travel waiver is an official document from the American government. It will give you permission to enter the United States despite having been found inadmissible. This document will allow you to cross the USA border just like anyone else, provided you are following the general rules and laws when entering the Country. Border guards will have no authority to deny you entry when you are in possession of a valid US entry waiver and you are obeying the laws of the country.

If you have been deemed inadmissible to the United States you require a US entry waiver in order to return.

What Can Our Waiver Service Do For You?

Preparing a USA waiver application is time consuming and tedious work. It can easily take up to 12 months to complete. We provide the peace of mind you require by providing professional waiver preparation services.

You should also keep in mind that a US entry waiver will be valid for a period of 1 – 5 years. The better your application is prepared, the better your chance is of being granted a 5 year waiver. In the end we can save you a lot of time and money.

Waiver eligibility: How soon can I apply for a US entry waiver?

A US Entry waiver application does not have specific criteria for being eligible in the way that a Canadian pardon does. However, there are several factors that will increase or decrease your chances of being granted access to the United States. Some of these include:

• Severity of the crime, or other reason for inadmissibility
• The number of charges on your criminal record
• How long ago the offence(s) took place
• How much you can show that you have changed a now live a different lifestyle

Your chances of being granted a US entry waiver will also depend on how well your application is prepared. If any information is not included it can damage your chances of being granted access to the United States. We can help with this. We’ve been preparing US travel waivers since 2002 and we are very familiar with the information that the American government wants to see include in your application.

How long will it take to get my waiver?

The average processing time at the National Pardon Centre for a waiver is 8 – 12 months, start to finish. This includes the time it takes to complete the steps required to complete the government paperwork. Keep in mind that time frames cannot be guaranteed, although time frames for a US entry waiver are generally more predictable than they are for a Canadian pardon application.

How much will it cost to get my US entry waiver?

Our cost to prepare a US waiver application is $930 + tax. This cost includes court documents and fingerprinting services (if you are able to visit one of our offices). Additional costs include:

• American submission fee payable directly to the American government
• Approximately $85 for fingerprinting services if you cannot visit one of our offices

How can I get my waiver done faster?

Any company offering “expedited” or “rush” US entry waiver services should be avoided. The truth is that no one has any control over the government agencies involved in preparing a waiver application. Therefore, no one can do a prepare a waiver any faster simply because you pay more money.

There are three main reasons you may be refused entry to the United States. Although we do not handle medical inadmissibility we have extensive experience completing criminal inadmissibility waivers as well as waivers for those who have overstayed their welcome and/or been deported.

For a complete list of disqualifications please see the link below. Be advised that some situations cannot be remedied.

http://travel.state.gov/content/visas/english/general/ineligibilities.html#Ineligibilities

If you are concerned that you may be inadmissible because of a criminal record or for overstaying your welcome / being deported please feel free to give us a call. We will advise you based on our experience processing waivers since 2002.

Our advice may contradict other information you’ve been given but this should not come as a surprise. The legislation concerning United States access is complicated. Furthermore, American border guards are given discretion to refuse people entering the country as they see fit.

Exceptions to criminal inadmissibility

United States law does allow for some exceptions to the criminal inadmissibility rule but in our experience it is not applied reliably. For example only criminal convictions should result in criminal inadmissibility (meaning the accused was found guilty and then convicted – rather than discharged, dismissed, etc). However, we do not see that part of the rule applied evenly. We speak to a lot of people who have been refused for criminal charges that did not result in a conviction.

Our advice is that if a record or arrest is showing on your criminal abstract you should stay away from the border until it has been remedied. We do not suggest relying on a US border guard to recognize the difference between a conviction and a non-conviction.

The one charge commonly permitted at the US border is a DUI. However, if you have more than one DUI arrest on your record it is possible you may be refused entry at the border.

The most common criminal restrictions involve the following:

• Crimes of Moral Turpitude
• Multiple Convictions of any kind
• Drug Possession and Trafficking

Please keep in mind that we regularly speak to people who have been refused entry for crimes that would not technically be considered crimes of moral turpitude. The only way to be sure you are not at risk when crossing the border is to – 1. Have no criminal information associated with your name or 2. Be in possession of a valid US entry waiver. Under any other circumstance you are taking chances with being denied entry.

Applying for a US entry waiver is a long and tedious process that begins with having your fingerprints taken by a police jurisdiction or an RCMP accredited fingerprinting agency. We are one of the few companies in Canada with a “Direct Connect” digital fingerprinting system connected to Civil Fingerprinting in Ottawa. While others are required to outsource steps in the waiver application process we are able to complete your application from start to finish.

The finished application will include a long list of documentation required by American authorities. This includes biographical information, immigrations forms, court documents, conviction reports and more.

It will also include information that will help prove you have ties to Canada and documentation to prove you will not be a financial burden on the United States while visiting (this really means you have money to spend on vacation).

Of course it is possible to prepare a waiver application on your own. However, you cannot do your own fingerprints so this step will have to be handled by a professional organization like the National Pardon Centre. Furthermore, the results of your application will largely depend on not only the severity of your criminal record but also how well your application has been prepared. Be careful because you do not want to spend a lot of time and resources only to receive a negative response.

If you are concerned about this let us do the work for you. We have extensive experience processing US entry waiver applications and we promise to provide you with information that is honest and in your best interest.

The I 192 US waiver form

The I 192 form is an American immigration form, required from people who are inadmissible to the United States of America. It is used as part of an application for advanced permission to enter the country as a non-immigrant. The completed application – which is submitted at an American port of entry – is called the United States entry waiver application.

Canadian entering the United states are normally require nothing more than a passport to enter the country for travel and leisure purposes. However Canadians who have been deemed inadmissible will be required to process a US waiver and the I 192 US form will be required as a part of that application.

Since mid 2019 the I-192 US waiver form is commonly most commonly completed online using the United States Esafe portal. Once the form is complete all supporting documents can then be uploaded to the application.  At this time the fee of $1100 USD must be paid to complete the filing process.

Start Your US Entry Waiver Today

The National Pardon Centre has been helping people obtain legal access to the United States since 2002. We handle the waiver application process on your behalf so you can relax knowing your file is in good hands. Once your waiver is granted you will be allowed to travel freely to the United States. Start today and take back your freedom.

How to apply for a US entry waiver

Need to visit the U.S. but facing entry issues? Form I-192 helps you request permission to enter temporarily, even if you wouldn’t normally qualify.

Applying for a US entry waiver is a time consuming and complicated process. This is why professionals exist to provide fast waiver preparation services. However, this does not mean that you cannot complete a waiver application on your own, although certain steps do require a third party.

If you are looking for a professional company to handle your case please be careful who you trust. Check the Better Business Bureau as a starting point to verify the credibility of the company you want to engage.

If you are preparing the documents alone this step by step guide will point you in the right direction and make applying for a US entry waiver easier for you.

Step 1: Determining if you are allowed into the United States?

Knowing how to apply for a US entry waiver begins by determining whether or not you are legally admissible to the United States. If you are legally admissible you do not need to make the application at all. If you are not legally admissible then a waiver application is required to legally cross the border.

You will need to apply for a US entry waiver if any of the following apply to you:

• You have been refused entry at the border
• You have overstayed your welcome in the US (over 6 months in the country without status)
• You have worked illegally in the United States
• You have been convicted/charged with a criminal offence in Canada and/or the United States
• You have been caught at the border with fraudulent documentation, narcotics or other contraban
• You have been deported from the United States

Above are the most common reasons for requiring a US entry waiver. However, most people we speak to at our offices never realize they need a US entry waiver until a border guard informs them that they are not allowed into the country. If you have been told you require a waiver, attempting to travel without one is taking a risk as you will now be red-flagged at the border. We have heard too many stories about travel plans being cut very short to if you think you require a US waiver it is best to settle things in advance.

Step 2: Fingerprinting

The second step in applying for a US entry waiver is acquiring a copy of your certified criminal record (or confirmation that no record exists) from the RCMP. This is done through fingerprinting certified specifically for a US entry waiver application, and can be completed at your local police station or accredited third party fingerprinting agency.

Note: The National Pardon Centre was one of the first companies in Canada to receive a RCMP accreditation to provide this service. We maintain both live scan and card scan electronic fingerprinting capabilities at our Montreal and Toronto offices.

If you have a criminal record associated with your name / fingerprints the results can take up to 3 months to obtain, although processing times are normally much faster.

Step 3: Supporting Documentation

While you are waiting for the results of your fingerprinting, you can begin collecting the supporting documentation required by the Department of Homeland Security. The following documents should be provided with your application: Proof of Canadian citizenship (a valid passport is required when applying for a US entry waiver)

• Letters of reference
• Confirmation of employment and income
• Personal statement re: purpose of application, explanation of conviction(s) or reason for inadmissibility, ties to Canada, and positive life changes made
• Proof of counselling/rehabilitation, drug test results (if applicable)

Step 4: Obtaining Your Court Records

When you have received your RCMP report you must order certified court documents for the charges on your record. Your criminal record will list your conviction(s), date(s), and court location(s) which you can use to order these documents.

Don’t forget to include a copy of your RCMP report and confirm any applicable court processing fees before submitting your request. Please keep in mind that response times vary dramatically across the country.

When you make a request for court records it can take anywhere from several days to almost a year to receive the documentation.

However most courts can be expected to return these document within a few months provided everything is done correctly.

Step 5: Application Forms

Much like a pardon application the American government has specific immigration forms that must be completed when applying for a US entry waiver.

These forms will contain information about your employment history, address history, family members and previous travel/immigration status in the United States.

Don’t forget to include the instruction pages provided with the forms.

I-192 – 2 copies required

http://www.uscis.gov/sites/default/files/files/form/i-192.pdf

http://www.uscis.gov/sites/default/files/files/form/i-192instr.pdf

Step 6: Submission

When applying for a US entry waiver the application must be submitted online via the Esafe website.  The cost of submitting your application is  $1100 USD payable which is payable online at the time of submission.

Following the online submission, applicants must present themselves in person to an authorized port of entry (border crossing). Please confirm ahead of time their hours of operation and whether or not an appointment is required. Ensure that you have your valid Canadian passport.

You will need to bring your Canadian passport. At this time an American border guard may review the documentation that was uploaded to Esafe to ensure the paperwork was done correctly. The border authorities will also take your biometrics including fingerprints, photographs, and possibly a DNA sample. Once this is complete the Department of Homeland Security will review your application and hopefully grant you a valid travel waiver. The review process normally takes between 4 – 6 months but it can easily take up to a year, or more in very rare cases.

A list of locations can be found on the Customs and Border Protection website under ‘Filing at a Land Border Port of Entry’:

Step 7: Once you have your US Waiver

It is important to know how to apply for a US entry waiver because the process is very time consuming. Therefore it is important to have your application correctly prepared and submitted within the appropriate time frame.

When your waiver is granted a documented will be uploaded to your Esafe portal. You will then have 30 days to review and print your waiver document before it is deleted from the system.

A valid US entry waiver consists of two pieces of paper that you will need to carry with you during future travel. It should be presented to the Customs and Border Protection officer at the point of entry. Once you have the waiver you cannot be denied entry to the US based on the reason for your previous inadmissibility (ie. having a criminal record). However, keep in mind your waiver application’s validity is dependent on good conduct. If any further infractions occur the waiver may be revoked.

Applying for a US entry waiver – Now what?

Hopefully you now have a better idea of how to apply for a US entry waiver. If you are unsure of how to proceed from here you should consider hiring a professional to handle your case. We would be happy to take care of your paperwork.

We also provide free monitoring services to our clients while they possess a valid US waiver document. When it is time to renew your application you will not have to worry because we will be the ones letting you know that it needs to be started.

Questions? Just give us a call or send an email. We’re happy to help.

Hiring a lawyer

The advantage to hiring a lawyer is that a lawyer has extensive knowledge of the actual law. However, lawyers commonly charge an hourly wage which can add up to a lot of money. We have heard of lawyers charging up to $10,000 to prepare a US entry waiver which is a sum we think is grossly disproportionate to the service provided.

Furthermore, lawyers typically do not have extensive experience handling US entry waiver applications since their primary occupation involves other matters. Lawyers are also unable to take fingerprints. Therefore lawyers tend to be a costly solution to a problem that can often be done with much less financial investment and better results.

Hiring an agency

Agencies like the National Pardon Centre provide waiver application services at a greatly reduced cost.

Our other advantage is that we have extensive experience dealing with the actual waiver process, rather than extensive knowledge of the legislation governing these applications. In other words, our advantage is practical rather than theoretical.

If you are looking for specific, accurate advice on what the law says, consult a lawyer. If you are looking for advice how YOU should proceed in order to gain entry to the United States as easily as possible, consider talking to us.

We provide US entry waiver preparation services at a fraction of what a lawyer will typically charge and we have custom software developed specifically to track your file through the various stages of a waiver application.

We will also monitor your file free of charge once your waiver has been granted and we will inform you when it is time to renew the application.

Doing it yourself

If you prepare your own waiver application be careful because the process is long and tedious. However, like many things in life if you are able to do it correctly, you will save some money by doing the legwork yourself.

The trade off will be the time learning what documentation is required and then preparing it all correctly. Keep in mind that even if you prepare your own application, there are considerable costs that will still apply. Namely the USD filing fee that is payable upon submission of your completed application.

A better way to look at the waiver application process is to think about what makes an application successful, rather than what makes an applicant eligible.

Although the US Department of Homeland Security might have concerns about granting a waiver to someone who has recently been convicted of a serious offence, most Canadians can have their waiver granted even if their charges are fairly recent.

It is not in the US government’s interest to keep law-abiding and responsible Canadians from crossing the border. The people who evaluate waiver applications understand this.

They are however concerned with the following because the waiver application is strictly for travel purposes only:

• That the  applicant might re-offend while they’re in the United States.
• That the applicant might violate US immigration law by working illegally.
• That the applicant might be travelling to the United States for a period longer than six months.

You need to assure the American government that you are not a risk. There are many things you can do to facilitate getting this point across in your waiver application. For example:

• Do acknowledge that you made mistakes in the past and that you have taken steps to change.
• Do show what steps you have taken and what results they have led to.
• Prove you have money strong ties to Canada.
• Show that you learned from your mistakes and you’ve moved on with your life.
• Do not make excuses for your criminal behaviour.
• Do not suggest that past offences were only minor or imply that you pleaded guilty simply because your lawyer told you to.

You can show that you’re not planning on living or working illegally in the US by telling the Americans about your life in Canada. Tell them about your job and your family and friends. Tell them things you love about your home country. Tell them about your home and what you do for fun.

Whatever parts of your life you decide to reveal the message you want to send is that you are an upstanding and responsible citizen of Canada – just the kind of person they want to welcome at the border.

There other things you are required to include in your waiver application but they are items that must be included, rather than details you can add to make your application look that much better. These include your criminal record, court documents, immigration forms, etc.

If you are planning to prepare an application on your own take your time and be careful. The result – if successful – will be a waiver document that is valid for 1 – 5 years. But once it expires you need to reapply so you want to submit the best application possible.

If you have any questions please call or send us an email. We would be happy to prepare the best waiver application possible on your behalf.