US entry waivers (Applications for Advance Permission to Enter as
Nonimmigrant) allow people who have been convicted of a criminal offence
to legally enter the United States. They last for up to 5 years, after which
time they must be renewed. Inadmissibility to the United States can affect your
personal freedom and excludes you from trusted traveller programs like NEXUS,
the Global Entry Program and the FAST pass. If you are Canadian, or a typical
non-immigrant traveling to the US, you can apply for a US waiver by downloading
the application form below:
Are you a non-immigrant applying for a special type of visa or were you at one
point an immigrant?
Or are you seeking TPS?
Click here
If you do not have the required supplementary documentation to support your
waiver claim, Immigroup can help you. Fill out the forms, leaving everything you
are unsure of blank, and one of our waiver agents will contact you to complete
the process. Please remember to select “full service.”
Quick Index
About US Waivers
You may need a waiver to enter the United States if you have a criminal record
in another country, which is logged in the United States law enforcement
databases. Some people find that on occasion they can enter into America without
being refused, yet on other occasions they may be barred entry. This
inconsistency occurs when busy border guards do not have the time to run records
checks of every visitor screened at the immigration kiosks. If you are
inadmissible to the United States and you do attempt to cross the border, you
are committing a serious offence, which can result in the confiscation of your
vehicle, criminal charges and even jail sentences. Anyone who is travelling with
you can also face stiff penalties for aiding and abetting a criminal. This can
lead to them becoming inadmissible too. If you have a criminal record or
immigration violations in Canada and intend to cross the border, you may need a
Canadian Pardon as well.
Our Service
If you have been denied access to the United States on the grounds of
inadmissibility, an entry waiver will help you regain entry. Immigroup Inc.
processes all of the essential documents necessary for you to obtain your
waivers. We carefully check your application and ensure that it is correctly
filed with the right supporting documents. If you are unsure as to whether you
need to apply, fill out our free pre-assessment questionnaire or call our office
and speak to one of our agents. We guarantee 100% money back if you meet all
requirements for a US waiver and do not obtain one.
US Waiver Fees
Immigroup service fee: $250+ HST (CDN) for basic waiver applications where you
already have your criminal record. We give a 50% discount off a second
application e.g. if you need to obtain a Canada pardon as well.
Government fee: $585.00 USD
Cancellation fee: $42.50 CDN
Our fees include
- $25.00 RCMP fingerprint certification charge
- $50.00 fingerprint fee
- Disbursements
US Waiver FAQ's
What is a US waiver?
A
US entry waiver is actually the common name for two types of applications to
enter the US:
These two forms are for different classes of immigrant and non-immigrant who are
inadmissible to the US for the same reasons. Travelers to the US who are
considered inadmissible need to apply for advance permission to enter as a
non-immigrant, which is called a US entry waiver in every day language.
Why would I need a waiver?
There are many
reasons why
US Customs and Border Protection (CBP) may deny
someone entry into the United States. These include but are not exclusive to
infection with certain communicable diseases; criminal records for “crimes of
moral turpitude,” two or more convictions (regardless of the crime) with
sentences totalling 5 or more years, drug possession and trafficking, money
laundering, and serious criminal activity with immunity from prosecution;
security violations; and immigration violations, such as overstaying a visa;
involvement of any kind in the international trafficking of minors.
If you have a criminal record, but you committed the crime you were convicted of
under the age of 18, or you were convicted on purely political grounds, you are
not considered inadmissible because of your record and you do not need this
waiver.
Who is eligible for a waiver?
Certain types of “non-immigrants” are eligible provided they meet a set of
guidelines. Non-immigrants are people seeking to enter the US for purposes of
business or travel rather than immigration. Non-immigrants who would not
normally require a visa to travel to the US (citizens from “Visa Waiver Program”
countries and Canadians usually do not require visas, for example) and
non-immigrants who had previously acquired an entry visa through their
appropriate documentation but have since been deemed inadmissible may both be
eligible for a waiver of inadmissibility. However, it depends on the grounds of
inadmissibility. You must demonstrate to the satisfaction of
Customs and Border
Protection (CBP) and the US Citizenship and Immigration Services that you are no
longer a risk to the security of the United States.
Note: anyone who falsely claims US citizenship for the purpose of obtaining
benefits of US citizenship is ineligible for a waiver of inadmissibility.
If my charge was withdrawn or suspended, do I still need a waiver?
No, however you will need to show court documents that verify that this is
indeed the case. To order court documents, submit an application to
the court
that tried your case.
What limitations does a waiver have?
It only allows a person to visit America for a specified period of time;
however, waivers can be used multiple times right up until they expire. If you
are planning to stay in America for longer than 3 months there may be additional
forms that must be completed and notarized, and then attached to your
application.
When can I apply for a waiver?
You can apply for a waiver at any time. It takes 6 months to one year to obtain
one.
If I have been granted a Canada Pardon do I still need a waiver?
Unfortunately yes, as the United States Customs does not recognize a
Canada
Pardon.
How do I apply for a waiver?
- You must complete US immigration
form I-92 (advance permission to enter as
non-immigrant) and provide evidence of your citizenship. You must complete
form
G-325 (biographical information). If you are applying with help from a lawyer or
a firm such as Immigroup you must also complete
form G-28 or
form G-28i.
- You will be fingerprinted by a CBP official on finger print card FD-258 at the
time of the submission of your application unless you are a Canadian citizen or
permanent resident, and then you can
submit your fingerprints to the RCMP on
form C216C.
- If you have a criminal record, you must provide a
copy of your criminal record
and you must provide a copy of the official court record from the court of
conviction for every criminal offence of which you have been convicted. You must
submit a statement in your own words describing each conviction and sentencing
and provide evidence of your “reformation of character or rehabilitation.”
- If you have been found inadmissible for immigration violations, you must
provide evidence of
- Current employment in your country of residence
- Previous US employment
- Immediate family residing in the United States
- Current or previous business investments in the US
- “Any and all ties” to your country of current residence
These must be submitted by you in person at a
US port of entry. (If you are
Canadian, there
are “preclearance” centres in Canada where the application may
be submitted in person).
How long does it take to process a US Waiver application?
Due to delays in acquiring RCMP-certified records from Ottawa, Waiver
applications now take between 6 to 8 months to assemble. If fingerprints are
taken in one of our offices, they will be biometrically scanned. This will
drastically reduce RCMP processing time to approximately 3-4 months. Another 6
to 12 months of processing time should be expected for a decision to be rendered
by the U.S. Customs and Border Protection office.
Can a waiver application be denied?
Yes, if you are deemed to be of a high risk to re-offend, your application will
be denied.
Does your tracking system track applications after they have been received by a
U.S. Customs or Homeland Security office?
No, once an application is received by any U.S. Customs or Homeland Security
office, we cannot track your file.
What is moral turpitude?
Moral turpitude is a concept in US law that is part of the classification of
certain criminal offences. It is tied to the nature of the crime committed,
rather than the specific acts of a particular case. Moral turpitude is thought
to exist in specific types of crimes (provided a conviction has been reached)
regardless of testimony or evidence provided at the trial. Therefore providing
evidence from a criminal proceeding is not accepted as proof that the criminal
act(s) did not involve moral turpitude.
What types of crimes are considered “crimes of moral turpitude” in the US?
There are three types of criminal offences which involve moral turpitude for
immigration purposes under US law: crimes against property, crimes against
government authority and crimes against persons. This list is not exclusive.
- crimes against property considered crimes of moral turpitude include:
- any form of fraud including intent to defraud
- arson and malicious destruction of property
- blackmail, embezzlement, extortion and forgery
- burglary, larceny, robbery, theft, and receiving or transporting stolen goods
with fore knowledge
- crimes against government authority considered crimes of moral turpitude include:
- bribery, perjury and harbouring a fugitive with knowledge
- counterfeiting
- fraud committed against the government and tax evasion
- crimes against persons considered crimes of moral turpitude include:
- wilful abandonment of a minor or contributing to the delinquency of a minor,
kidnapping
- adultery, bigamy, gross indecency, lewdness
- certain types of assault: with intent to kill, with intent to rape, with
intent to rob, with intent to commit serious bodily harm, with a
deadly/dangerous weapon, mayhem (permanently disabling someone)
- incest involving statutory rape, rape and statutory rape
- manslaughter
- murder
- pandering/procuring and prostitution
Some of these crimes may not actually be criminal offences under US law but US
immigration reserves the right to deny entry for convictions on all of the above
as well as other offences. You must have been 18 or over at the time of the
commission of the crime for it to be the basis of your inadmissibility.
So-called political offences crimes are not considered a basis for
inadmissibility.
I am inadmissible on criminal grounds. Can I get a waiver?
That depends on the reason for your inadmissibility. You are eligible if
- if you were convicted of a crime of moral turpitude or you have two or more
convictions (for all crimes except political ones) with sentences totalling five
or more years
- your drug conviction was for 30 grams or less of marijuana
- you received immunity from prosecution for cooperating with authorities
Then you must demonstrate the following:
- at least 15 years have elapsed since the event/ activity and you have evidence
of your reformation of character and rehabilitation
- OR you are inadmissible ONLY because of “participation in prostitution” and
have evidence of rehabilitation
- OR your immediate US citizen/permanent resident family member will suffer
extreme hardship if you are not allowed entry
- OR you are applying under the
Violence Against Women Act (VAWA)
Meeting these conditions does not automatically mean you will be approved for a
waiver of inadmissibility. Certain violent or dangerous crimes may still be
considered grounds for inadmissibility unless there are “extraordinary
circumstances,” determined on a case by case basis.
What is extreme hardship?
Extreme hardship is a term which helps Customs and Border Protection personnel
decide whether or not to admit otherwise inadmissible relatives of US citizens,
permanent residents and sometimes even immigrant visa holders. The applicant
must demonstrate that the denial of their application will result in their US
citizen/permanent resident family member suffering. This must be demonstrated
through certain evidence including but not exclusive to the following:
- proof of the family relationship (including birth certificates, marriage
certificates) to the US citizen(s)/permanent resident(s)
- the US citizen(s)/permanent resident(s)’s family ties outside the United
States
- conditions in the country the applicant would be forced to relocate to if the
application was denied, and the US citizen(s)/permanent resident(s)’s family
ties to that country
- financial impact on the US citizen(s)/permanent resident(s) if the application
is denied
- significant health conditions and what kind of treatment is available in the
country of relocation
- the impact separation has on the family
- any other conditions impacting quality of life of the US citizen(s) /
permanent resident(s), such as technical skills
If this evidence is provided, the applicant may be deemed admissible, on a case
by case basis.
What kinds of diseases make you inadmissible?
Infection with diseases such as tuberculosis, infectious leprosy, and certain
STDs such as chancroid, gonorrrhea, donovanosis, Durand-Nicolas-Favre disease
and syphilis are all considered grounds for barring entry. Other communicable
diseases may be included at various times by the US Department of Health. You
may also be denied entry for refusing vaccinations or for physical or mental
disorders which have resulted in harmful behaviour.
I am inadmissible on health grounds. How can I get a waiver?
You may be granted entry if you are an immediate family member of a US citizen
or US permanent resident/US immigrant visa holder, or the fiancée or child of a
fiancée of such. You may also be granted entry if you are applying for a waiver
of inadmissibility under the
Violence Against Women Act (VAMA).
Those applying for a waiver with physical or mental disorders which pose some
kind of harm to US citizens must also submit a complete medical history. Those
applying who have refused vaccinations must demonstrate to the satisfaction of
CBP and
USCIS that you are opposed to all vaccinations in any form and that this
opposition stems from sincere religious beliefs or moral convictions.
What is a security violation?
For the purposes of inadmissibility, a security violation involves a person
whose behaviour or membership in an organization is believed to threaten the
United States. Security violations include
- committing or intending to commit espionage, sabotage or terrorism
- endangering US foreign policy
- voluntary membership in a totalitarian political party (such as the Communists
or Nazis) or in a terrorist organization
What is an immigration violation?
There are a number of different kinds of immigration violations.
-
Entry Without Inspection (EWI): someone who has entered the United States
without being properly admitted at a port of entry, regardless of whether they
have been in the US before
- Overstaying a visa
- Attempting to re-enter after having been deported or given expedited removal
If a person’s unlawful presence in the United States was more than 180 days but
less than a year, and they left the United States voluntarily, then a person is
inadmissible for three years. If a person leaves the US voluntarily after
unlawful presence of more than a year, then they are inadmissible for ten years
(3 year/10 year bar). In both cases, the person may be eligible for a waiver
provided they have not committed other immigration violations. Returning to the
US through EWI after leaving the US voluntarily, for example, may result in the
waiver being denied. Attempting to re-enter the US after being deported also
makes one ineligible for an entry waiver. Anyone who falsely claims US
citizenship for the purpose of obtaining benefits of US citizenship is
ineligible for a waiver of inadmissibility.
I am inadmissible because of immigration fraud/an immigration violation. Can I
apply for a waiver?
You are admissible if you can demonstrate that your US citizen/US permanent
resident immediate family member would experience “extreme hardship” if your
application was denied. You may also be eligible under the
Violence Against
Women Act (VAWA).
I was a member of a totalitarian political party. Am I eligible for a waiver?
If you can demonstrate humanitarian reasons (for example, reunification of a
family) then you may be eligible.
I am inadmissible because I engaged in human trafficking. Can I apply for a
waiver?
You may be eligible if you can demonstrate humanitarian reasons (maintaining
family unity) but you must have only been involved in the human trafficking of
an immediate family member. Additionally, you must either be seeking admittance
(or adjustment of status) on the basis of US citizen immediate family OR you
have already resided in the US as a legal permanent resident and you left
voluntarily (i.e. you were not subject to deportation).
If you were subject to a “final order” (with no accompanying civil financial
penalty) because you committed document fraud to help an immediate family member
ONLY you may be eligible provided you are seeking admittance on the basis of US
citizen immediate family OR you have already resided in the US as a legal
permanent resident and you left voluntarily before the “final order” was used as
grounds for deportation.
What if I have a combination of factors keeping me out of the US? For example,
what if I have a criminal record and a communicable disease? Do I have to apply
for separate applications for waivers?
If CPB has deemed you inadmissible for more than one reason, you do not have to
submit separate applications but you do need to describe all reasons why you
were considered inadmissible on your application. The waiver, if granted, is
only good for the grounds on which you applied. If you don’t include one or more
grounds, you could be denied entry despite having a waiver of inadmissibility.
What is the 3-year/10-year bar?
If someone was unlawfully present in the United States for between 180 days to
one year, they are normally inadmissible for three years. If someone was
unlawfully present in the United States for more than a year, they are normally
inadmissible for ten years.
Can I waive my inadmissibility before the 3-year/10-year bar?
If you can demonstrate that your US citizen/permanent resident immediate family
member would experience “extreme hardship” then you may be eligible. If you are
applying for a visa as a victim of human trafficking, you may also be eligible.
How can I apply for a waiver of inadmissibility on the basis of the Violence
Against Women Act?
In order to apply for an entry waiver through the
Violence Against Women Act
(VAWA), you must be deemed inadmissible under any of the criteria and then you
must demonstrate a connection between the battery or extreme cruelty and the
reason for your inadmissibility. Most applications for waivers through VAWA
involve women deemed inadmissible because of immigration fraud/violations. In
this case, you must demonstrate the connection between the battery or extreme
cruelty and your unlawful presence in the United States and your departure (or
removal) and/or your unlawful or attempted unlawful return to the United States.
What is Temporary Protected Status?
Temporary Protected Status (TPS) is a temporary designation for nationals of a
country experiencing an emergency (for example, civil war or natural disasters)
which allows these nationals to work and travel to and from (with travel
authorization) the United States while they cannot return safely to their
country or the country cannot safely handle their return. TPS does not involve
any other kind of immigration status and is not lead to becoming a US permanent
resident. However, it does not prevent the holder from applying to obtain an
immigration visa.
I have been deemed inadmissible but my country/nationality has been given TPS.
Can I apply for a waiver?
Anyone deemed inadmissible but from a TPS country can apply for a waiver by
demonstrating humanitarian, family unity or public interest grounds.
I renounced my US citizenship to avoid paying taxes. I am eligible for an entry
waiver?
No. Wilfully avoiding income tax is one of the few grounds which cannot be
waived even with demonstration of extreme hardship or other special case
applications.
What is ESTA?
ESTA is the Electronic System for Travel Authorization. It is web portal through
which members of
VWP countries apply for permission to enter the United States.
If you are a citizen of any of the following countries, you should apply through
ESTA:
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Andorra |
Hungary |
New Zealand |
|
Australia |
Iceland |
Norway |
|
Austria |
Ireland |
Portugal |
|
Belgium |
Italy |
San Marino |
|
Brunei |
Japan |
Singapore |
|
Czech Republic |
Latvia |
Slovakia |
|
Denmark |
Liechtenstein |
Slovenia |
|
Estonia |
Lithuania |
South Korea |
|
Finland |
Luxembourg |
Spain |
|
France |
Malta |
Sweden |
|
Germany |
Monaco |
Switzerland |
|
Greece |
The Netherlands |
The United Kingdom
|
If you have been deemed inadmissible after applying through ESTA, then you can
apply for a US entry waiver, but only after you have been denied through ESTA.
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