U.S. Entry Waiver Eligibility: What Canadians Need to Know

• Regarding U.S. Entry Waiver Eligibility, there are 5 things that Canadians need to know before travelling to the United States.
• And I’m also going to cover one of the most common reasons U.S. Entry Waivers get denied and what you can do to stop that from happening.
• That’s what I’m going to cover in this blog.
• I’m often asked, “What criteria determine my eligibility for a U.S. Entry Waiver?”
• This is a huge topic for confusion because there’s no U.S. government website that lists the criteria for decision-making.
• So, let me take you through 5 things you need to know before travelling to the United States.

1/ Do you need a U.S. Entry Waiver?

• If you were denied entry to the United States because of your criminal charge, you need a U.S. Entry Waiver.
• You may not need a U.S. Waiver if you were not denied entry to the United States. It depends on your circumstances.
• In the context of a criminal record, it depends on whether it is a ‘Crime Involving Moral Turpitude.’
• Some crimes will not make you inadmissible to the United States.  
• For example, a single summary conviction for a DUI will generally not be a reason to deny your entry to the United States. But multiple convictions would. 
• This is a complex topic, and if you’re unsure about your situation, reach out to schedule a call with me.

2/ Who decides on your U.S. Entry Waiver?

• The decision maker for your U.S. Entry Waiver is the Admissibility Review Office, known as the ARO, which is part of the U.S. Customs and Border Protection.
• The ARO will evaluate your Form I-192 waiver application based on factors set out in U.S. Immigration Law, regulations and legal cases that are decided in the courts.
• The ARO will review your application based on those factors. Let me break down some of those factors.  

3/ Seriousness of your offence

• The more serious your offence, the more closely the CBP will review your application.  
• For example, convictions regarding drug trafficking or sexual offences are strongly scrutinized.  
• In these cases, you would need to provide strong supporting evidence of your rehabilitation, such as a clean drug test, letters from a psychiatrist, or certification showing your completion of rehabilitation programs.

4/ How recent was the offence?

• The recency of your offence matters.
• While there are no hard rules for timing eligibility, generally, the longer you are from the completion of your crime and penalty, the better it is.  
• For summary or less serious offences, waiting times are generally 3 years.  
• For indictable or more serious offences, waiting times are generally 5 years.

5/ Most denials are due to this

• One of the most common reasons for denials for a U.S. Entry Waiver is the lack of evidence supporting your rehabilitation.  
• The U.S. Customs and Border Protection has a job. They need to keep the United States safe. In that context, they need to judge whether you will re-offend or return to criminal behaviour.
• And to make that judgement, they will look for evidence of your rehabilitation. If you don’t show that evidence, that will increase your chances of denial.
• So to minimise the chance of a denial, you should provide evidence of your rehabilitation.  
• And if you have not taken any steps regarding rehabilitation, you should consider doing so and providing proof that you did before you submit your Form I-192 application.

Now, there are other factors the ARO will consider, including why you want to travel to the United States, the risk of harm to the U.S. if you’re admitted, and the completeness and accuracy of your form I-192 application.

If you need help with your U.S. waiver application, reach out to book a free call.