US Waivers
If you have been deemed inadmissible to the United States you require a US entry Waiver in order to return. Inadmissibility may exist because of a prior criminal record, for overstaying one’s welcome in the USA, some other type of immigration offense in the USA, among other reasons.
Although one may have been able to enter the USA with a criminal record in the past, the USA border officials are able to pull up one’s criminal record (that isn’t pardoned). If the record is not clear or a pardon has not been received on a conviction, US border officials can permanently prevent one from entering the country then and in the future.
A US Waiver is obtained to allow such a person to enter the USA. It will give one permission to go to the USA despite having been found inadmissible. This document will allow one to cross the border just like anyone else.
Applying for a US waiver is a tedious and cumbersome process. There is a long list of documents required by the Americans including court documents, fingerprints being taken by the RCMP, criminal records, biographical information, letters of reference, and a written argument. In addition, there is a cost for the application of $585.00 USD.
There are several factors that can change one’s chances for success. These include:
Ties to Canada and financial documents to prove one won’t be a financial burden on the USA
the number of charges on one’s criminal record
how long ago the conviction/offense happened
the severity of the crime
the circumstances of the crime
how well one can show they have changed since their offense dates
US Waivers are generally permitted from 1-5 years. The quality of the application can influence how much time is permitted.
If you have any further questions, please inquire for more information.
Any legal information or advice provided is only up to date as of January 2020.
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