US Entry Waiver

A U.S. Entry Waiver serves as a legal document facilitating temporary entry into the United States for individuals from visa-exempt nations like Canada, who face inadmissibility due to their criminal history. This waiver streamlines the process, allowing those with Canadian criminal records to potentially traverse U.S. borders without hindrance.

 

Eligibility Criteria

• Citizenship in Visa-Exempt Countries: Such as Canada.

• Criminal Record Admissibility: Possession of a criminal record that triggers inadmissibility to the U.S.

• Security Assessment: Ability to demonstrate non-threatening behavior toward U.S. security.

Required Documentation

Essential documents for a U.S. Entry Waiver application include Form I-192, RCMP Criminal Record, court records, proof of citizenship, personal statement, employment letter, reference letters, and a drug test if relevant.

Factors Influencing Approval

U.S. Entry Waiver approval hinges on various factors, encompassing societal risk, addiction issues, intentions regarding U.S. entry, and ties to Canada. In case of denial, the application fee remains non-refundable.

Crimes of Moral Turpitude and Necessity of Waiver

The necessity of a U.S. Entry Waiver for Canadian travelers hinges on whether their convictions entail Crimes of Moral Turpitude, a legal concept defined by case law. Such crimes, contrary to accepted moral standards, may necessitate a waiver for U.S. entry.

Reasons for denial of U.S Entry Waiver

U.S. Entry Waivers can be denied by the U.S. Department of Homeland Security for various reasons:

• Recent and serious convictions may indicate a high risk of re-offending, posing a potential threat to U.S. society.

• Untreated addiction or substance problems, as disclosed in the application, may raise concerns about the burden on U.S. health systems.

• Suspicions regarding intentions to live or work illegally in the United States can lead to denial of the waiver.

• The DHS evaluates an applicant’s ties to Canada to determine if they have sufficient incentives to return, considering factors like employment, steady income, fixed address, and stability.

• Inconsistent or incomplete information in the application may raise doubts about the applicant’s trustworthiness, potentially resulting in denial.

If a U.S. Entry Waiver Application is denied, applicants cannot receive a refund of the application fee.

Application Process

The application procedure involves the submission of Form I-192 to U.S. Customs and Border Protection via the U.S. Citizenship and Immigration Services website. The duration of the waiver varies, typically ranging from 1 to 5 years, influenced by factors such as the gravity of offenses and the interval since conviction.

The financial aspect involves a non-refundable filing fee of $585 for Form I-192, alongside additional expenses for supporting documentation like criminal records and court information.

FAQ

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