How to get a US Waiver in Canada? If you’re a Canadian citizen with a criminal history and plan to visit the United States, your criminal record may prevent your entry. This is where a US Entry Waiver becomes crucial. In this blog post, we’ll guide you through the steps required to secure a US Entry Waiver for Canadians so you can travel to the United States without any problem.
Understanding the Need for a US Entry Waiver
The Role of Criminal Records when travelling from Canada to the United States
When crossing the Canadian border into the United States, U.S. Customs and Border Protection (CBP) officers will conduct a background check as a part of your entry procedure. They have a checklist of potential issues they look out for, including the presence of a criminal record. To help with their background checks, the CBP has access to the Canadian criminal records database.
Travel Restrictions for Canadians with Criminal Records
If you have a criminal record in Canada, that does not mean you will be denied entry into the U.S. Generally, U.S. CBP officers will deny your entry if your criminal record has to do with “Crimes Involving Moral Turpitude” (CIMT). A CIMT refers to actions that violate society’s standards of justice, honesty, or good morals. For example, crimes such as fraud, assault with a weapon or theft with intention are CIMT. However, a simple DUI or breach of the peace is not. Before you travel to the U.S., you should speak to a lawyer to understand whether your conviction is a CIMT.
Defining “Inadmissible Nonimmigrant Aliens”
Generally speaking, if your criminal record is CIMT, you will be denied entry into the U.S. Technically speaking, the U.S. Citizenship and Immigration Services will label you as an “Inadmissible Nonimmigrant Alien”. And the reason would be “Inadmissibility due to criminal reasons.” However, you may be able to travel to the U.S. with a U.S. Entry Waiver.
Exploring the Concept of US Entry Waiver
What is a US Entry Waiver (Form I-192)?
A US Entry Waiver, formally known as Form I-192, is a document that allows inadmissible nonimmigrant aliens from Canada, to apply for permission to enter the United States temporarily. In simple terms, this means the following: if you have a criminal record that prevents you from travelling to the U.S., the only way around this travel ban is to get a U.S. Entry Waiver.
Permission to Enter the United States Temporarily
Getting a US Entry Waiver will give you temporary permission to travel to the U.S., despite your inadmissible status because of your criminal record. The decision to grant your Waiver is made by the Admissibility Review Office, which is part of the US Customs and Border Protection agency.
Eligibility and Procedure for Obtaining a US Entry Waiver in Canada
Waiver Eligibility Criteria for Canadians
Eligibility for a US Entry Waiver depends on several factors, including the nature and severity of your past offences, how much time has elapsed since the offence, and, critically, whether you have been rehabilitated. In other words, whether you pose any security risk to the U.S. given your past legal issues.
Detailed Steps to Apply for a US Entry Waiver from Canada
Applying for a US Entry Waiver requires you to submit Form I-192, which is the Application for Advance Permission to Enter as a Nonimmigrant. There is a lot of supporting documentation required, including your Personal Statement (about what you did, why you did it, evidence of your rehabilitation, why you want to travel to the U.S., etc.), Character Reference Letters, Employment or Income Verification, Criminal Record, and Official Court Documentation.
Filing and Processing Fees for US Waiver
Along with your Form I-192 application, you need to pay the filing fee. These fees are different depending on whether you submit your Form I-192 to the U.S. Citizenship and Immigration Service (USCIS) or the U.S. Customs and Border Protection (CBP). And, finally, these fees can change, so it’s important to check the latest fee details on the USCIS website.
The Consequences of Travelling Without a US Waiver
Potential Issues for Canadians with Criminal Record
Travelling without a US waiver when you have a criminal record can lead to serious issues, including detention and deportation. Doing this can also impact your future attempts to enter the US.
Seeking Legal Assistance for US Entry Waiver Applications
The Importance of Legal Expertise in the US Waiver Application
Legal expertise is key in US Entry Waiver applications because of the complexity of U.S. immigration law, which can be challenging for the untrained eye to navigate. An experienced US Waiver lawyer can accurately interpret the intricate legal language and ensure the necessary paperwork is correctly completed, improving your chances of success.
How a Lawyer Can Help in Acquiring a US Entry Waiver
A lawyer specializing in US Entry Waivers can substantially increase your chance of a successful application. US Entry Waiver lawyers have a deep understanding of US Immigration Law, which, combined with a tailored approach based on a client’s specific circumstances, will result in a smoother process and a higher success rate compared to non-law firm services.
What is a US Entry Waiver and why might Canadians need one?
A US Entry Waiver, formally known as Form I-192, is a document that allows inadmissible nonimmigrant aliens from Canada to apply for temporary permission to enter the United States. Canadians with a criminal record that is considered a Crime Involving Moral Turpitude (CIMT) may be denied entry to the U.S. and will likely need a US Entry Waiver to bypass this travel ban.
What are the steps to apply for a US Entry Waiver in Canada?
Applying for a US Entry Waiver in Canada involves submitting Form I-192, the Application for Advance Permission to Enter as a Nonimmigrant. Applicants must provide a significant amount of supporting documentation, including a personal statement, character reference letters, employment or income verification, criminal record, and official court documentation. Along with this, a filing fee is required, the amount of which can vary and should be checked on the USCIS website.
