When you apply for a U.S. Entry Waiver, the last thing you want to get is this letter from the U.S. Customs and Border Protection saying, “we must inform you that we are denying your application.”
- What makes this situation worse is that this was preventable.
- And the reason why has to do with eligibility.
- This letter is from someone who approached our law firm about their denied waiver application.
- This denial happened because the applicant wasn’t eligible yet; they applied too soon.
- It’s a common and expensive mistake that people make.
- I’m going to explain the nuances of eligibility and timing; and, I’m going to give you 3 essential tips to ensure this doesn’t happen to you.
Understanding the Waiver Process:
- A key question people want to know is, “when am I eligible to get a U.S. Entry Waiver?”
- Unfortunately, there are no set eligibility timelines telling you when you are eligible.
- The Admissibility Review Office, which is part of the U.S. Customs and Border Protection, makes the decisions.
- One of the factors they consider is the “risk of harm to society” if you’re granted a waiver.
Key Factors for Consideration:
- A key factor for the ARO’s decision is the time since your conviction.
- However, they focus not just on the date of your conviction, but also on when you completely fulfilled your penalty.
- The more time that has passed, the less risk you pose to society.
- But its not just about time but what you’ve done in that time.
- The ARO wants to see what efforts you have made towards your rehabilitation.
- Genuine rehabilitation takes time to prove that you no longer pose a risk of committing future criminal acts.
A Real-Life Cautionary Tale:
- With this denial letter, the applicant applied way too soon.
- They were still under court probation in Canada which means they hadn’t even finished their sentence.
- From the ARO perspective, there is no chance that this person could be properly rehabilitated because real rehabilitation and reformation takes time. And that simply wasn’t the case here.
- If this person came to our law firm before their application, we would never take on this case because the application should never have been submitted.
Your Roadmap to a Successful Application:
- To ensure you don’t make that mistake, here are 3 essential tips to avoid denial.
Tip #1: Get a legal assessment:
- Every case is unique. Your eligibility depends on your specific situation in the context of U.S. Immigration laws. Get that proper analysis based on legal grounding to find out your eligibility timing.
Tip #2: Work on your rehabilitation:
- If you have recently completed your penalty, work on your rehabilitation. You need to prove to the ARO that you have changed, so use your time wisely.
Tip #3: Get professional legal help:
- U.S. Entry Waivers are a specialised area of U.S. Immigration law. Properly navigating that legal complexity is critical to maximising your chances of a successful waiver application.
When am I eligible to apply for a U.S. Entry Waiver?
There are no set eligibility timelines for obtaining a U.S. Entry Waiver. The Admissibility Review Office (ARO), a part of the U.S. Customs and Border Protection, determines eligibility based on various factors, including the 'risk of harm to society' if a waiver is granted. One crucial factor they consider is the time since your conviction and the completion of your penalty. The more time passed and the more rehabilitation efforts you've undertaken, the better your chances. It's not just about the time; it's about what you've done during that time to demonstrate rehabilitation.
Why do U.S. Entry Waiver applications get denied due to eligibility issues?
U.S. Entry Waiver applications can be denied when applicants submit their applications before meeting the necessary eligibility criteria. The Admissibility Review Office (ARO) assesses factors like the time since the conviction and rehabilitation efforts. If an applicant applies prematurely, while still under penalties or without sufficient rehabilitation progress, the ARO may deny the application, believing the applicant hasn't yet proven that they no longer pose a risk to society. Understanding eligibility criteria and timing is essential to avoid such denials.
