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US Entry Waivers

  • A U.S. entry waiver is official documentation that allows an individual with a criminal record to legally enter the United States

US Entry Waiver Requirements

  • Travelling to the US is permitted at the discretion of the Border Patrol officer.
  • Under the US Immigration and Nationality Act (INA), a US entry waiver is required for Canadians and non-immigrants* who:
    • Have a criminal record of multiple convictions
     
    • Have a criminal record for crimes of moral turpitude
     
    • Have been previously removed / deported
     
    • Have overstayed a previous period of admission to the US
     
    • Are in possession of or are trafficking in a controlled substance
     

*non-immigrants are individuals who are not US citizens and do not wish to enter the US to live on a permanent basis

US Entry Waiver Canada

  • Many Canadians are not aware that they may need a waiver to enter the United States
  • Approximately 4 million Canadians have a criminal record. Of these, only a very small number will be allowed to travel into the US without a waiver
  • If you are a Canadian or non-immigrant travelling to the US, you can apply for a US entry waiver.
  • A Canadian pardon / record suspension is not recognized by the United States, meaning that a waiver is required even if a pardon / record suspension has been granted.
  • With border security being stricter than ever before, the US and Canada have entered into an information-sharing agreement for the purpose of border control and national security. For this reason, most Canadians who have a criminal record will require a US entry waiver.

US Entry Waiver Application

  • A US entry waiver application must follow strict, detailed instructions
  • Missing or incorrect documentation will result in a us entry waiver application being refused, delayed, or rejected

US Entry Waiver Process

  • All US entry waiver applications are adjudicated by the Admissibility Review Office (ARO), a division of CPB. The ARO was created by the Department of Homeland Security, to ensure that all US entry waiver applications are reviewed fairly and consistently.
  • The ARO has sole discretion to grant or deny US entry waiver applications; however, it must follow legal guidelines and regulations under the Board of Immigration Appeals (BIA).
  • BIA guidelines state that 3 factors determine whether a US entry waiver should be granted under the INA:
    • The risk of harm to society if the US entry waiver applicant is admitted into the US;
    • The severity of the applicant's prior immigration law or criminal law violations, if any;
    • The nature of the applicant's reason(s) for wishing to enter the United States.

US Entry Waiver Cost

  • A US entry waiver filing fee applies for every US entry waiver application
  • The application filing fee is currently $585 USD, paid to the Department of Homeland Security.
  • For detailed pricing information, please visit our Waiver Fees page.

US Entry Waiver Form

  • US entry waiver forms are issued by the US Citizenship and Immigration Services (USCIS)
  • The form must be completed, signed, and submitted along with required supporting documentation prior to travel
  • There is only one US entry waiver form for any and all grounds of inadmissibility; however, there are two US entry waiver application processes depending on whether it is filed at a US Consulate, or a US Port of Entry
  • The US entry waiver form is legally titled Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

US Entry Waiver Renewal

  • US entry waivers are valid for a specific length of time, from 1 - 5 years, determined when you receive your waiver
  • It is recommended that the renewal process begins prior to the waiver's expiration date, to ensure there is no lapse in admissibility

US Entry Waiver Approval

  • There are many steps to obtaining a US entry waiver, and simple mistakes are common when someone is unfamiliar with the application process.
  • To maximize the chances of having your US entry waiver application approved, we recommend hiring American Waivers to assist you through the process

Do you have questions?
Have you started your application, and need help finishing it?
Call us toll-free at 1 800 298 5520, Monday - Friday 9am-8pm EST

Ready to begin an application right away?


 
 


 
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