
Border Officers Can Override Your U.S. Entry Waiver: Here’s Why
Having a U.S. Entry Waiver might seem like your guaranteed ticket across the border, but there’s a crucial detail many travelers don’t realize: border officers
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A U.S. entry waiver is a document that allows inadmissible nonimmigrant aliens from visa exempt countries, including Canada, to apply in advance for permission to enter the United States temporarily. This means that if you have a criminal record in Canada, you may still be able to travel to the United States if you get a U.S. entry waiver.
To be eligible for a U.S. entry waiver, you must meet the following requirements:
If you meet the requirements for a U.S. entry waiver, you can apply for one by filing Form I-192 with U.S. Customs and Border Protection. This form can be found on the website of the U.S. Citizenship and Immigration Services (U.S.CIS).
U.S. entry waivers are granted for 1, 2 or 5 years. Factors that are considered in determining how long your U.S. entry waiver will be include the seriousness and extent of crimes, the amount of time since your convictions occurred and, whether you’re applying for a first-time U.S. entry waiver or a waiver renewal.
The process of applying for a U.S. entry waiver can be complex, so it is important to seek the advice of an immigration lawyer if you are considering applying for one. An immigration lawyer can help you determine if you are eligible for a U.S. Entry Waiver and can assist you with the application process.
The eligibility for a U.S. Entry Waiver include the following:
Once granted, a U.S. entry waiver allows Canadian citizens with a criminal record to travel to the United States without encountering any issues related to their Canadian criminal conviction.
The duration of a U.S. Entry Waiver can vary between one, two, or five years, depending on several factors. These factors include the strength of the application, the severity and extent of the committed crimes, the time elapsed since the convictions, and whether it is a new waiver or a waiver renewal.
No, a U.S. Entry Waiver is not the same as a Pardon or a Record Suspension.
A U.S. Entry Waiver is a document that allows inadmissible nonimmigrant aliens from visa-exempt countries, such as Canada, to apply in advance for permission to enter the United States temporarily.
A Pardon in Canada, now called a Record Suspension, removes your criminal record from the criminal records database managed by the Royal Canadian Mounted Police.
Here are some of the key differences between a U.S. Entry Waiver and a Pardon:
To begin the application process for a U.S. Entry Waiver from Canada, you must complete Form I-192. This form is the official application for seeking permission to enter the United States temporarily with a criminal record. You can find Form I-192 on the website of the U.S. Citizenship and Immigration Services (U.S.CIS).
When filling out Form I-192, it is critical to be transparent and thorough in your application to increase your chances of a successful outcome. Along with a completed Form I-192, you will need to provide supporting documents including your criminal record, court records, character references, a drug test (if applicable) and a personal letter showing evidence of your rehabilitation.
Once you have prepared your application and gathered the necessary documents, submit your Form I-192 to the appropriate the U.S. Customs and Border Protection.
It’s recommended to consult with an experienced lawyer who can maximize your chances of obtaining a U.S. Entry Waiver by providing guidance, ensuring application accuracy, and navigating the process effectively.
Form I-192 is an Application for Advance Permission to Enter as a Nonimmigrant. This form is related to the U.S. Entry Waiver because it is the form used to apply for a U.S. Entry Waiver.
Form I-192 is used by Canadians seeking advance permission for temporary entry to the United States due to their criminal record, which makes them inadmissible to enter the United States.
To get a U.S. Entry Waiver, you need to complete Form I-192 which you can find on the U.S. Citizenship and Immigration Services website.
To apply for a U.S. Entry Waiver, you need to provide the following documents:
A U.S. Entry Waiver lawyer will help increase your chances of success. The U.S. Entry Waiver process can be complex. Mistakes will cause delays or in the worst case, rejection. And the usd $585 U.S. waiver application fee is non-refundable. An experienced U.S. Entry Waiver lawyer will help you navigate the complex process and increase your chances of getting your application approved.
For a first-time U.S. Entry Waiver, it can take 12 to 18 months from the start of the application process until the time you get your waiver. For a U.S. Entry Waiver renewal, it can take up to 6 months. There are two categories of timelines. The first category is the U.S. Entry Waiver Application preparation. And the second category is the processing timeline by the Department of Homeland Security.
The total cost of getting a U.S. Entry Waiver includes a filing fee of U.S.D $585 and other expenses depending on your particular situation. Here’s a detailed breakdown:
These costs can change over time, and it’s advised to verify the current fees and requirements at the time of your application.
A U.S. Entry Waiver can last for one, two or five years. The U.S. Department of Homeland Security decides how long your U.S. Entry Waiver will last. And the Department of Homeland Security no longer gives permanent U.S. Entry Waivers.
With a first-time application, it’s common to get a 1-year waiver. Many applicants get a five-year waiver on a renewal. To ensure your U.S. Waiver does not expire, you should start the renewal process at least six to nine months before the end of your waiver.
The process of getting a U.S. Entry Waiver renewal is essentially the same as the initial application process. This involves gathering the required documents, filling out the necessary forms (such as Form I-192), and submitting the application to the U.S. Department of Homeland Security.
You may be able to reuse some of the documentation you used to get your original U.S. Entry Waiver. However, it’s likely you will need to get an updated criminal record from the RCMP.
A Pardon or Record Suspension granted by the Parole Board of Canada will not help you renew your U.S. Entry Waiver. Your application process will be the same as when you received your first waiver.
U.S. Entry Waivers can be denied by the U.S. Department of Homeland Security for a number of reasons including:
If your U.S. Entry Waiver Application is denied, you cannot get a refund on the application fee.
Traveling to the U.S. with a criminal record without a U.S. Entry Waiver could be a problem. The United States does not permit individuals with certain types of criminal records to enter the country.
If you have a criminal record that makes you inadmissible, you need a U.S. Entry Waiver to legally enter the U.S. However, the type of crime plays a significant role.
For example, if you have a DUI or other crime that does not involve moral turpitude, you may be able to travel to the U.S. without the need for a U.S. Entry Waiver.
It’s critical to know whether your crime is one which involves Moral Turpitude. Moral Turpitude is a legal concept related to behaviour deemed to violate the accepted norms of justice, honesty, or moral values within a community.
Whether you need a U.S. Entry Waiver to enter the U.S. from Canada depends on whether your convictions involve what is known as Crimes of Moral Turpitude. If they do, you need a U.S. Entry Waiver to travel to the U.S..
The courts have defined Crimes of Moral Turpitude as “conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.” Stated differently, a Crime of Moral Turpitude shows significant depravity of character.
Crimes of Moral Turpitude are defined by case law, which changes over time.
For example, crimes involving drugs or multiple convictions would require a U.S. Entry Waiver. However, a single DUI or Impaired Driving conviction is not considered a Crime of Moral Turpitude and would not necessitate a U.S. Entry Waiver. But, if there were aggravating circumstances regarding the DUI conviction, that specific scenario may push that DUI into the category of a Crime of Moral Turpitude. This would require a U.S. Entry Waiver.
You should consult with a lawyer to determine if a U.S. Entry Waiver is required based on your conviction
A US Entry Waiver is a document permitting nonimmigrant aliens from visa exempt countries like Canada, who have a criminal record, to apply for temporary entry into the US.
Application involves filing Form I-192 with U.S. Customs and Border Protection. This form can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
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