Permanent US Entry Waiver – What You Need to Know

Can you get a Permanent US Entry Waiver to legally travel to the United States, even with a criminal record? 

This question is key for Canadians with criminal records.  In this blog, we’ll explore the details surrounding the often misunderstood term of a ‘Permanent US Entry Waiver’ and look into other viable options. Continue reading for what you need to know.

I’m Dan Joffe, U.S. Entry Waiver Lawyer. If you’re looking for expert advice on travelling to the United States without stress, schedule a free call with me. Let’s get started.

Can you get a Permanent US Entry Waiver to legally travel to the United States?

• No, you cannot get a Permanent US Entry Waiver; the maximum duration for a US Waiver under Form I-192 is five years, after which you must reapply to continue travelling to the U.S.

What You Need to Know About Permanent US Entry Waivers

• Here’s what you need to know about Permanent US Entry Waivers.
• If you’re a Canadian with a criminal record, you’ve probably heard of a “Permanent US Entry Waiver” to gain legal entry into the United States without any hassle.
• However, it’s important to know that what people commonly refer to as a Permanent US Entry Waiver is not available anymore. 
• The maximum time you can get a US Entry Waiver, under Form I-192 is five years.
• After five years, you need another US Waiver to continue travelling to the United States.

Unraveling the September Letter: The Other Option

• Now, you may have heard of something called the “September Letter” which is sometimes confused with a “Permanent US Entry Waiver”.   
• They are different, let me explain.
• If you get a “September Letter” from U.S. Customs and Border Protection, this means that you’re NOT considered inadmissible, thereby eliminating the need to get a US Entry Waiver.

When Is a September Letter Issued?

• When is a “September Letter” issued?
• When you apply for a US Entry Waiver, your Form I-192 Application will be processed by the US Customs and Border Protection’s Admissibility Review Office, known as the ARO.
• If the ARO determines that your criminal convictions do not make you inadmissible to the United States, they will issue you a “September Letter.”

When Do You Need to Apply for a US Entry Waiver?

• When do you need to apply for a US Entry Waiver?
• This topic is complicated due to a concept in U.S. immigration law called “Crimes Involving Moral Turpitude” used by U.S. Customs and Border Protection to determine if you need a waiver.
• If you have a simple offence, like a DUI, you likely do not need a waiver.
• However, determining whether your crime involves moral turpitude is complex because it is subject to legal interpretation and precedents from the court system.
• If you’re not sure about your specific situation, schedule a free call with me so we can discuss your fact situation.

The September Letter Vs. A Permanent US Entry Waiver

• If you get a September Letter, that is great but you should not mistake it for a Permanent US Entry Waiver.
• If you get this letter, you don’t need to reapply for a US Entry Waiver unless you commit a new offence. Keep this letter with you during your U.S. travels.

Permanent Waiver Exceptions – First Nations & US Connection

• Finally, there are a few exceptions where you can travel to the United States without a US Entry Waiver despite having a criminal record.
• If you are a Native Indian born in Canada, you don’t need a U.S. Entry Waiver because of an agreement entered into by the United States.
• And in some cases, where your parents are U.S. citizens you may not need a US Entry Waiver.