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U.S. Waiver Application: How to Avoid Denial

U.S. Waiver Application: How to Avoid Denial

U.S. Waiver Applications face one huge obstacle that causes a lot of denials. In this blog, I offer a strategy on how to avoid that obstacle which will improve your chances of success.

The Importance of Rehabilitation in a U.S. Waiver Application

  • One of the main reasons for getting your U.S. Waiver Application from Canada denied is not showing sufficient evidence of your rehabilitation.
  • The good news is, this is one of the criteria that is under your control and if you handle this correctly, you will reduce your risk of denial.  
  • Let me explain.

Assessment by the Admissibility Review Office

  • Your U.S. Waiver Application will be assessed by the Admissibility Review Office which is part of the U.S. Customs and Border Protection
  • The CBP will evaluate your U.S. Waiver Application based on criteria from U.S. immigration laws, regulations and case law.

Factors Out of Your Control vs. Rehabilitation

  • Some criteria are out of your control such as how long ago your crimes were committed and how serious your crimes were.
  • But what is under your control is your rehabilitation.
  • The U.S. CBP will review your U.S. Waiver Application to make an assessment of whether you will re-offend or commit another crime while you are in the United States.

Showcasing Evidence of Rehabilitation in Your U.S. Waiver Application

  • Key to that assessment is showing evidence of your rehabilitation.
  • In other words, what steps have you taken that shows you’ve overcome the underlying issues that led to you committing the crime.
  • Examples include counselling, education programs, substance abuse programs, or other types of interventions.
  • The more evidence you can provide showing the path you’ve taken in your path to rehabilitation, the better position you will be in to get your U.S. Entry Waiver Application approved.
  • The more evidence you can provide of your rehabilitation journey, the stronger your U.S. Entry Waiver Application will be, improving your chances of success.

The Role of Reformation in a U.S. Waiver Application

  • And related to rehabilitation is the concept of reformation.  
  • Reformation is about your personal journey and transformation that shows you have adopted a life-abiding lifestyle.
  • Evidence would be sustained employment, active community service and mentoring others, especially those with similar paths to yours – all of these efforts will showcase your personal growth improving your chances of waiver success.

Self-Assessment and Strategy for U.S. Waiver Application Success

  • To reduce the risk of your U.S. Waiver Application being denied, you should take a step back and make an honest assessment of your situation.
  • Have you taken specific steps to demonstrate that you have in fact been rehabilitated?
  • And if not, what can you do now in terms of rehabilitation that will improve your chances of getting your U.S. Waiver Application approved.
  • For example, what counseling can you take? Or, what education programs can help you overcome past issues?
What is a common reason for US Waiver Applications from Canada get denied?

One of the main reasons for getting your US Waiver Application from Canada denied is not showing sufficient evidence of rehabilitation. The US Customs and Border Protection (CBP) evaluates waiver applications based on criteria from US immigration laws, regulations, and case law. It's essential to show evidence of steps taken towards rehabilitation, like counseling, education programs, or substance abuse interventions, to improve the chances of application approval.

How do US Customs and Border Protection assess US Waiver Applications?

The US Waiver Application is assessed by the Admissibility Review Office, part of the US Customs and Border Protection (CBP). The CBP evaluates the application based on US immigration laws, regulations, and case law, considering factors such as the nature and timing of past crimes. A key component they look for is evidence of the applicant's rehabilitation and steps taken to ensure they won't re-offend while in the United States.

U.S. Waiver Denial Risk Assessment™
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I’m Dan Joffe. Not a salesperson. Not a form-filler. I’m a U.S. Waiver Lawyer who knows why waivers get denied and how to build legal cases that get you approved.
70% Get Denied. Be Part of the 30% Who Succeed
I’m Dan Joffe. Not a salesperson. Not a form-filler. I’m a U.S. Waiver Lawyer who knows why waivers get denied and how to build legal cases that get you approved.
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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.