U.S. Waiver Lawyer: Insider Tips for Waiver Approval

This is a 5-year US Entry Waiver that we successfully secured for one of our clients on their very first attempt. 

• Five years is the maximum time you can get for a US Entry Waiver; this is a big win for our client.
• What’s the secret behind this successful outcome?
• In this blog I’m going to cover our law firm’s strategy – so insider tips – that will significantly enhance your chances of getting your waiver approved and hopefully get the longest time period possible. 

Understanding the US Entry Waiver Process

To understand our law firm strategy to maximise your chances of success it’s important to understand what aspects of the US Entry Waiver process that are in your control and those that are not.

• A key factor that you can’t control is the criteria used by ARO, which is the Admissibility Review Office, when assessing your waiver application.
• Understanding this criteria and how the ARO interprets them is critical to crafting a waiver application that maximises your likelihood of success.

The ARO’s Decision-Making Criteria

The ARO’s decision-making is influenced by a legal case known as Matter of Hranka, established in 1978.  Using this case, the ARO will evaluate your application on three factors.

• 1/ Seriousness of the Inadmissibility Cause.  This means how severe was the criminality that led to your inadmissibility?

• 2/ Risk to Society.  In other words, what potential risk might you pose if they let you visit the United States?
• 3/ Purpose for Entering the United States: This simply means why do you want to enter the U.S.?  Is it for work and or for leisure purposes.

Now, the ARO will also consider other factors when evaluating your application.  These factors include the nature of your offence, the circumstances that led to it, how recently it occurred, whether it was an isolated incident or part of a pattern of misconduct, and critically, what is the evidence of your reformation or rehabilitation. 

The Secret to Success: Presenting Your Story

The secret to success is this: it’s how you present your story.

• While you can’t change the facts of your past offenses, you can control how they’re framed and presented.
• By tailoring your application to address the ARO’s criteria and resonate with their concerns, you’ll greatly improve your chances of getting your waiver approved.”

Three Key Components of a Strong Waiver Application

Here are 3 things you can do.  

1/ Write a strong Personal Statement:

• You need to write a letter addressing the ARO criteria, highlighting your personal growth, responsibility, and reasons for entering the United States.
• It’s important to showcase your understanding, remorse, and rehabilitation, turning past mistakes into a compelling case for approval.

2/ Get Compelling Reference Letters:

• Get reference letters from credible people who can talk about your good character. Each reference should reinforce your narrative of transformation and responsible behaviour.

3/ And third, provide strong Supporting Materials:

• For example, include documents like rehabilitation certificates, community service records, and recognition awards that demonstrate your positive contributions and rehabilitation efforts.

If you focus carefully on preparing these components of your waiver application, you will significantly improve your chances of getting your waiver approved.