What is a US entry waiver application?
Many Canadian citizens do not realize they are not legally permitted to cross the United States border. But if you have a criminal record, medical condition, have overstayed your welcome, and/or were deported, you are likely inadmissible. The solution to this restriction is a waiver application submitted to the Department of Homeland Security.
Furthermore, many people cross the border for years before being denied entry which just makes the situation more confusing. Even criminal records dating back more than 20 years can provide a border agent with the justification needed to refuse your entry request. This can be very problematic since so many lives are dependent on gaining entry to the United States.
Whether you travel for reasons involving work, family, or recreation, it is extremely frustrating to have the freedom to travel suddenly taken away. But regardless of why you were refused entry to the United States, or why you need to go back, the solution is a US entry waiver.
We can help you with the preparation of the necessary documents at a small fraction of what it would cost with an immigration lawyer.
Reasons you may require a US waiver
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.
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.
The waiver application process
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 no 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 wiaver form will be required as a part of that application.