Denied Entry to the US? US Waiver FAQs

About US Waiver Applications

If you have a criminal record and would like to enter the United States, you may need a waiver of inadmissibility in certain circumstances. Some people enter the US  without issues but then are denied entry on another occasions.     
If you attempt to cross the border knowing you are inadmissible, you can get yourself into serious trouble. And if you are travelling with others, they may also be deemed inadmissible  to the US.  If you intend to traverse the border knowing you have a criminal record or violations of immigration laws,  you may require a Waiver.

US Waiver FAQ’s 

What is a US waiver?

A US entry waiver is the name commonly used for two kinds of applications to make to gain entry to the United States:
  • Most non-immigrants traveling to the United States need to apply for advance permission to enter as non-immigrant.
  • Immigrants and some specific types of non-immigrants may need to apply for waiver on the grounds of inadmissibility.
These two types of waiver applications concern inadmissibility to the US but are referring to different classifications of immigrant and non-immigrant.
US travelers who are declared inadmissible will have to file an application for advance permission to enter as a non-immigrant,or known as a US entry waiver.

When is a waiver necessary?

The US Customs and Border Protection (CBP) on several grounds may deny your entry to to the United States, for which you may need a US waiver.
Some reasons that you may be denied entry to the US are:
  • if you have criminal records for “crimes of moral turpitude”
  • if you have been convicted twice or more of a crime with sentences amounting to 5 or more years in total
  • if you have a communicable disease
  • for drug possession and drug trafficking
  • for money laundering
  • for security violations
  • for any types of international trafficking of minors
  • immigration violations such as overstaying
Moreover, if you were convicted for an offense based solely on political grounds, or were convicted when you were under 18 years of age, you do not need to obtain a waiver because you are not held inadmissible by law.

Who is qualified for a waiver?

  1. As long as they satisfy a set of rules, some types of non-immigrants who go to the US for a business purpose or pleasure are qualified to apply for a waiver.
  2. Non-immigrants who are generally visa-exempt such as non-immigrant citizens from countries that are on Visa Waiver Program, and Canadians who are not usually required to apply for a visa.
  3. Non-immigrants who had obtained an entry visa in the past but had since been considered inadmissible  may apply for a waiver.
In all circumstances, your eligibility will depend on the grounds of your inadmissibility. You must be able to convince the Customs and Border Protection (CBP) and the US Citizenship and Immigration Services that you are not anymore a threat or risk to the security of the US.
Anybody, who makes a false representation of his or her citizenship status by claiming that he or she is a an American citizen in order to acquire the benefits of being a US citizen, is not eligible for a US waiver.

Do I need a waiver if the charge against me was withdrawn or is pending?

Not necessarily, but in order to support your claim you need to produce the court documents evidencing that such is the case. You may request these documents from that court that tried your case.

Does a waiver have limitations?

Yes. With a waiver, you can only visit the United States for a definite length of time. Although you can enter into the United States several times using the waiver until it expires, you may need to accomplish additional requirements  if you are going to stay in the US for over 3 months. You will have to fill out forms, which must be notarized, and attach them to your application.

When can I apply for a US waiver?

You can file an application for a waiver of inadmissibility any time but it is best to wait some period after your conviction.  The waiting period to get a waiver is usually is 6 months to one year.

Will a Canada Pardon exempt me from the waiver requirement?

No. You may still need to apply for a waiver because the United States Customs does not recognize a Canada Pardon.

What must I do to obtain a waiver?

  • Fill out form-I-192 and support your citizenship status with evidence. For biographical information, you will need to complete form G-325. Note that if a lawyer or a firm is assisting you in applying for a waiver, you must also fill out completely form G-28 or G-28i.
  • When you submit your application, a CBP officer will take your finger prints on card FD-258 then submit your finger prints to RCMP on form C216C. Finger printing is not required if you are a Canadian citizen or a permanent resident.
  • If you have a criminal record, you must submit a copy of your criminal record and provide a copy of the official record from the court that convicted you for every criminal offense for which you were convicted. You must write your own statement explaining each conviction and sentence and providing facts or information on your character reformation and rehabilitation.
  • If your were held inadmissible for violating immigration rules, you have to produce evidence of:


  1. Past US employment
  2. Current employment in the country of residence
  3. Immediate family residing in the US
  4. Past or present business investments in the US
  5. All ties to your country of residence
You are going to personally submit these at the US port of entry. If you are a Canadian citizen, you can submit your application in person at the “preclearance” centers in Canada.

What is the processing period for a US Waiver application?

It takes usually 6 to 8 months for waiver applications due to delays in collecting RCMP-certified records from Ottawa. The processing time will radically  cut down to 3 to 4 months if fingerprinting is done in one of our offices where biometric scanning is being done.
You should expect an additional 6 to 12 months of processing time for the US Customs Border Protection to render a decision.

Can I be denied of a waiver?

Yes you can. If it appears that you are of high risk of re-offending, your application will be denied.But you can usually appeal it within 30 days of the refusal.

What is a crime of moral turpitude?

It is a part of certain criminal offenses in the US law and is inherent in the nature of some specific crimes committed. Moral turpitude is present in certain types of crimes provided that there is a final conviction.

Types of crimes that are considered crimes of moral turpitude in the US

Generally, there are three kinds of criminal offenses involving moral turpitude under the law for immigration purposes. They include:
crimes against property
  • all forms of fraud and intent to defraud
  • malicious destruction of property and arson
  • embezzlement, blackmailing, extortion, and forgery
  • robbery, theft, burglary, larceny, transporting or receiving stolen goods with foreknowledge
 crimes against government authority
  • perjury, bribery, and harboring a fugitive with knowledge
  • tax evasion and fraud committed against the government
  • counterfeiting
crimes against persons
  • adultery, bigamy, lewdness, and gross indecency
  • kidnapping, willful abandonment of a minor or contributing to the delinquency of a minor
  • some types of assault with intent to kill, with intent to rape, with intent to rob, with intent to commit serious bodily harm, with deadly or dangerous weapon, mayhem as permanently disabling someone
  • incest involving rape and statutory rape
  • murder
  • manslaughter
  • pandering or procuring and prostitution
Not every offense mentioned above is a criminal offense under the US penal law, however the US immigration has the right to deny entry of anybody convicted of any of the above mentioned crimes and other offenses.
Only convictions made to persons who are 18 years old or over will be treated as a basis for inadmissibility.
Crimes involving political offenses are not grounds for holding a political offender inadmissible.

I am inadmissible on criminal grounds. Will I be eligible for a waiver?

Depending on the grounds for your inadmissibility, your can be issued a waiver on the following circumstances:
  • if your sentences on two or more convictions amounted to 5 or more years in total, and if you were convicted of a crime of moral turpitude
  • a conviction for drug possession of 30 grams or less of marijuana
  • if you acquired immunity from suit and prosecution for collaborating with authorities
You must also show that:
  • at least 15 years had already passed since the incident happened, and that you have a proof showing your reformation and rehabilitation
  • you were held inadmissible only because of your participation in prostitution, but you have an evidence to prove your rehabilitation
  • or your presence is highly needed by your immediate family who is a US citizen or permanent resident and that the latter will suffer extreme difficulties if you were denied entry
  • or you are applying by virtue of Violence Against Women Act (VAWA)
Even if you meet the requirements and conditions just mentioned, it does not make you automatically entitled to a waiver. Each case is determined independently and individually of its own. There are violent or dangerous crimes that may still be regarded as grounds for inadmissibility unless some “extraordinary circumstances” will prove otherwise.

What do you mean by extreme hardship?

It is a type of suffering that a US citizen or permanent resident could experience if his or her immediate family will be denied entry to the United States on account of inadmissibility. The extreme hardship doctrine helps the Customs and Border Protection officials to determine and decide a case of one’s inadmissibility. The applicant must therefore provide evidence including but not limited to:
  • proof of family relation such as birth certificates and marriage certificates
  • family ties outside the US of the US citizen or permanent resident   
  • financial effect on the US citizen or permanent resident if the application is denied
  • critical health conditions and the kind of treatment expected in the country of relocation
  • the effects that separation causes the family
  • conditions in the country of relocation if an application is denied, and the ties of the US citizen or permanent resident to that country
  • other conditions affecting the quality of life of the US citizen or permanent resident
Once this evidence is produced, the applicant has a very good chance of getting an approval.


What are the types of diseases that will amount to inadmissibility?

  • Infectious tuberculosis
  • infectious leprosy
  • certain STDs such as  chancroid, gonorrrhea, donovanosis, Durand-Nicolas-Favre disease and syphilis
  • other communicable diseases as the US Department of Health may determine
Although physical or mental disorders are not communicable disease, you may still be denied entry if the disorders have developed to a harmful behavior. For refusing vaccinations, your application can also be disapproved.


If I were inadmissible on health reasons, how can I get a waiver?

Being an immediate family member of a US citizen, a permanent resident, or the fiancee or child  of the fiancee of such, you may be approved for a waiver of inadmissibility. An applicant with physical or mental disorders, which in some ways could be harmful to US citizens, must provide a complete medical history. You must also convince CBP and USCIS that your refusal to vaccinations was due to your profound religious faiths or moral convictions.
If you are applying for a waiver under Violence Against Women Act (VAWA), you have a very good chance for a grant of waiver.


How do you define a security violation?

In view of inadmissibility, a security violation  presupposes that a person’s behavior or involvement and membership in an organization could pose a threat to the United States. The acts of security violations include:
  • jeopardizing US foreign policy
  • committing or intending to commit sabotage, espionage, or terrorism
  • becoming a voluntary member of a terrorist organization or a totalitarian political group such as Communists and Nazis.


How is immigration violation committed?

Some types of immigration violation are as follows:
  • overstaying visa
  • an attempt to re-enter after having been expedited or deported
  • Entry Without Inspection (EWI) – anyone who entered the US without proper admission at the port of entry regardless of whether the person had already been to the United States.
An unlawful stay of more than 180 days but less than a year of a person in the United States shall render him or her inadmissible for 3 years. If the persons after unlawfully overstaying in the US for more than a year voluntarily left, they shall be barred from entering the US for 10 years. In both situations, they can be eligible for a waiver for as long as they have not perpetrated other immigration violations.
The following immigration violations however may negate your chances of acquiring a waiver:
  • if after leaving voluntarily, you return to the US through EWI
  • any attempt to re-enter after deportation
  • anybody who falsely claims to be a US citizen in order to benefit from being a citizen of the United States


Can I apply for a waiver even though I was held inadmissible for immigration fraud and violation?

Applying the doctrine of extreme hardship, you sill have a chance of being approved if you can show that your entry denial will cause your immediate family, who is a US citizen or permanent resident, to suffer extreme hardship.
You can also invoke eligibility under Violence Against Women Act (WAWA).

I was involved in human trafficking. Can I apply for a waiver?

You can still qualify for a waiver if you can comply with the following:
  • if you meet the basis for humanitarian reasons provided that you have only been involved in the human trafficking of your immediate family member
  • you must be seeking admittance or adjustment of status acquired through an immediate family who is a US citizen
  • if you have already resided as a lawful permanent resident in the United States and have left voluntarily
  • if you are facing a final court order, with no civil financial penalty, because of a document fraud you committed to help an immediate family member ONLY,  you may be eligible for a waiver on the condition that you are seeking admittance or adjustment of a status acquired through an immediate family who is a US citizen or if you have already resided as a lawful permanent resident in the United States and have left voluntarily before the “final order” was used against you for your deportation.

Do I have to file separate applications for individual grounds of inadmissibility?

You do not need to file a separate application for each reason for your inadmissibility but you must state in your application all the grounds why you were held inadmissible. If you failed to include in your application one or more grounds for which you were considered inadmissible, you may still be denied entry on account of those grounds you missed to declare because the waiver, if granted, covers only the grounds that you described in your application.

What is the 3-year and 10-year bar?

The 3-year bar makes you inadmissible for 3 years if you unlawfully stayed in the United States for over 180 days but less than a year. If you unlawfully stayed in America for over a year, you may be barred from entering the US for 10 years.


Can a 3-year or 10-year bar be waived?

If you can show that your immediate family member who is a US citizen or a permanent resident will experience extreme hardship if you are not allowed to enter the US, you may be granted a waiver.
You may also be eligible if you are applying for a US visa as a victim of human trafficking.

How do I apply for a waiver under Violence Against Women Act?

While being considered inadmissible, you must establish the connection of battery or extreme cruelty to the grounds of your inadmissibility.  For instance, you must be able to demonstrate a connection between extreme cruelty and your unlawful stay in the US.

Can you explain what a Temporary Protected Status is?

Under Temporary Protected Status (TPS), the United States allows a temporary designation for citizens of another country experiencing a national emergency such as civil war and natural disasters. With travel authorization, these nationals can work and travel to and from the US while they cannot be assured of safety back in their home country. TPS does not confer them any kind of immigration status and cannot be invoked in applying for a US permanent residence, although these nationals are not prevented from seeking one.

I have been considered inadmissible but my country has been given TPS. Can I apply for a waiver?

Anybody held inadmissible with the exception of those from a TPS country, can file an application for a US waiver based on humanitarian, family unity or public interest grounds.

What we do to help

How do you most want to resolve your entry denial to the United States on the grounds of inadmissibility? If you were denied entry, barred from entering the United States, had a criminal record in Canada and the U.S., or had an incident of crossing the border,  We can carefully handle your case and help you process all the necessary requirements and documents to gain entry to the United States. If you are anxious about whether you need to apply for a waiver or not,  give us a call.

Want more information?

Visit our US Waiver page
Or send us an email at
apply for a waiver, applying for a waiver, denied entry to the US, inadmissible to the US, US Waiver, US Waivers

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

62 thoughts on “Denied Entry to the US? US Waiver FAQs

  1. thomas

    Hello Sir. My name is Thomas, from Nigeria. I have few questions to ask and I need your candid advise. In 2002, I obtained a student visa from the US embassy in Lagos, Nigeria. I got married to a US citizen in 2004 but never filed for permanent residency. We are blessed with a son and a daughter. Between 2004 and early 2006, I was convicted with different crimes such as misdemeanour and felony crimes. The last crime I committed in April 2006 was on issuance of bad check of $10,000. When I found out the police were looking for me, I decided to move to another state and from there moved back to nigeria. This was in 2006. I wasn’t picked up. I ran for my life (I couldn’t imagine being locked up in prison). This case is still opened and there isn’t any judgement on it. Now, I miss my wife and children. They miss me too. I haven’t seen them in 10years. We only communicate via phone and chats. My questions are, 1. Can I apply for a visiting visa to visit the USA as it stands? I’m kind of scared that if I do, the embassy might find out about my past crimes and I don’t know what might happen to me. 2. If i get lucky and get a visiting visa, is it possible I get picked up for this crime at the US port of entry and thrown in jail? I currently have a warrant for my arrest in the state of wisconsin (where the crime was commited in 2006). And I’m just really scared. Sometimes, I feel I could he lucky because it is a state warrant and not a federal warrant. Please, advise. Thank you in advance for your response.

    1. Vahe Mirzoyan

      Hello Thomas. Criminality is a serious offense that will prevent you from entering the US. As soon as you enter the US, you can be jailed or deported.
      Regards, Vahe

  2. Duc Nguyen

    Hi all,
    I’ve already US visa but for some reason like disease, I lost my fingerprints before travel day. Is it possible to overcome this situation or I couldn’t enter US because of fingerprints ? Any help would be appreciated ? Thanks all

    1. Vahe Mirzoyan

      Hello Duc. Do you have a medical certificate explaining the disease that has caused you to loose your fingerprints? I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you to have all the necessary information when you cross the US border so that you do not face a denail. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  3. Mila

    I was put throught a diversion program for theft under 5k. I did not need to do anything but simply received a warnig letter. I was however fingerprinted prior to receiving that letter. I understand that the best thing to do in my situation as of now is to get a file destruction which will erase all photographs and fingerprints. My concern is however about crossing the US border. I travelled to the US but never crossed the border AFTER my arrest and don’t intend to cross BEFORE I get my files destroyed. Therefore, I have never been denied entry. I want to know if I will have any difficulty entering the US after the file destruction? I haven’t told anyone from my family so I don’t wish to be questioned about it in front of them or at all! I want to know can they still see anything after the file destruction? I get many different answers so I dont really know what to believe! (Canada, Montreal)
    Thank you so much

    1. Vahe Mirzoyan

      Hello Mila. Criminality is a very serious immigration matter. I am going to recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. We need to look at all the factors of your case. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  4. Bright

    Hi I’m Bright from Ghana. I was denied Visa with reasons that I carried a fake document(having fake visas in my passport). They seized my passport but I wasn’t convicted. Can I apply for

    1. Vahe Mirzoyan

      Hello Bright. Having a passort seized is very serious. You need legal immigration help. We have been practicing immigration law in Canada for over 18 years. I am going to recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  5. Cordelia Grant-Bailey

    Hi, I have a criminal record for drug Marijuana to be exact I was convicted of the charges and was imprisoned for 6months. I have gone to the embassy not knowing the laws or regulations of the embassy I went to get my visa they did my prints asked me questions about my record I answered all questions truthfully and was told by the interviewer that he barring me permanently from entering the United States due to the fact that it was my first time I didn’t make any inquiries on it or ask any questions I just say ok. But I was researching online about whether I can appeal or not and so I stumbled upon the waiver system.
    I has been around 10yrs since I was rehabilitated and I would like to know am I eligible for a waiver to the US? What steps should I take?

    1. Vahe Mirzoyan

      Hello Cordelia. It is always frustrating to find out that you are being denied entry into the US because of something that happened in the past. The good news is that there are ways available that would allow you entry into the US. In order to evaluate the proper path to take, I will need to know alot more about you and the purpose of your US trip. I am going to recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  6. Steven

    Hi…my father in law lives in Edmonton, Canada and was denied access this week to the U.S. Thirty three years ago he was convicted of stealing a horse. It was his first and only criminal offense. He paid his fine and he was, subsequently, cleared. Customs would not allow him to come in to the U.S. It cost him and his wife thousands of dollars in airline fees, hotel charges, a chance to spend time with loved ones, etc. Needless to say, they are very frustrated and sad. Is there a statute of limitations on this kind of thing? To be denied access due to a crime when he was barely 21 some 33 years ago seems unfair and beyond comprehension. Please advise. Thanks!

    1. Vahe Mirzoyan

      Hello Steven. No argument there, it does seem unfair that something that happened so long ago still effects a citizen’s right to cross the border. Your father-in-law is not alone. We see cases exactly like this many times in the day. The good news is that your father-in-laws can apply for a I-192 Waiver that would allow him to visit the US. We have been practicing immigration law for over 18 years, and we have dealt with many cases of inadmissibility due to a criminal offense. If you want to get a better understanding of what needs to be done, to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at
      Regards, Vahe

  7. Shu

    Hello, I was denied entry to the US on the 30th of Jan 2016 because I was 21 weeks pregnant. I explained to the CBP officer at the Chicago airport (O’Hare) that I was only going for 2 weeks for my up coming wedding shopping but she was rigid. I provided her with every document (including Doctor’s report stating that I was 5months pregnant and fit to fly) to back me up to no avail. One of her colleague a male officer picked up my phone and started scrolling it and ran into a conversation between a friend and I who was advising me that I should cover up well so I don’t look too obviously pregnant and I shouldn’t tell them I am pregnant or they won’t allow me in)In our conversation she also said I shouldn’t come in through Chicago airport as CBP there are too strict. She also said I should not bring in more than one small suitcase. But on d contrary, I used the Chicago O’hare airport, told them I was pregnant (showed my Doctor’s report to confirm it),I came in with 3 suitcases which obviously has some of my wedding accessories in it.
    The CBP officer kept emphasizing that my friend told me what to do even though I didn’t use any of my friend’s advice. I was denied entry and given a 5 years ban. Pls advise me on what to do as my fiancé and I planned going for vacation after the wedding/ my delivery.

    1. Vahe Mirzoyan

      Hello Shu. Thank you for writing to us. You have many wonderful things happening in your life right now! It is very unfortunate that you had this incident when you went to the US on January 30th. An entry denial will stay on your permanent record, but with the proper explanations and waivers, it will not be something that effects you in the future. It will take some time to fix this problem, and from the sounds of it, you do not have much time left before the birth of your baby. What I suggest is that you do your shopping in Canada, and not stress yourself over the 5 year ban. You can contact us now to make an appointment to talk with one of our immigration professionals who can assess your complete situation and advise on the best strategy to take to deal with the 5 year ban in the future. We will not be making any waiver submissions while you are still pregnant because there is zero chance that you will be allowed to enter the US before you give birth. To make the appointment you can call us at 1-855-886-8472 or book the appointment online at
      Regards, Vahe

  8. Rigoberto Lozano

    My Fiancee had her permit and visa taken away due to visiting me 3 times in a 5 month period as well as being banned for 5 years, the BP officers said to fill out a pardon and that she would be allowed re-entry. What waiver form would that be, we are thinking of getting married in july in El Paso and need to get this ball rolling. Any Info helps thank you! P.S. She held a job illegally for a week but once i told her she couldn’t she quit and never was compensated for it, they knew that as well.

    1. Vahe Mirzoyan

      Thank you for writing to us Rigoberto. As soon as you have a border denial and a ban on entry for a period of time, you are dealing with a serious case that you should NOT attempt to rectify on your own. Any error, misunderstanding, missing information will make your fiancee’s situation worse. We have been practicing US immigration law for over 18 years, and we are considered to be a top firm in our field. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who can assess your situation and advise on the best strategy to take. We will need to know all the details of the visa that your fiancee had at the time that she was denied, and what her country of nationality is. We have worked successfully on many cases similar to yours. To make the appointment you can call us at 1-855-886-8472 or book the appointment online at
      Best regards, Vahe

  9. Anne

    I won dv lottery and applied with my husband from abroad. But we were denial due to a criminal offence my husband did not include in the application. And the us consulate confirmed that I was not aware of the crime. But I was charged of alien smuggling. Can I get waiver on this?

    1. Vahe Mirzoyan

      Hello Anna. You will need to give us a lot more information on your situation before we can suggest a solution. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who can assess your situation and advise on the best strategy to take. To make the appointment you can call us at 1-855-886-8472 or book the appointment online at
      Regards, Vahe

  10. alisher

    I am from uzbekistan i am a dv lottery winner. i was refused of dv lottery by the embassy because of my previous 21 years ago criminal record can i apply for 601 waiver programm because i was inoccent in my case , can we go on or we should forget immigration? we have the fear that after spending too much money , ? what should we do now?

    1. Vahe Mirzoyan

      Thank you for writing to us Alisher. You situation is complicated because of your criminal record. Immigration is a very serious matter and must be done properly. I suggest that you make an appointment with one of our legal team members by following this link
      Regards, Vahe

  11. Anonymous

    Does the us custom have the right to fingerprint you after denying entry to us at a Canadian airport over a possession of pot almost 25 years ago??

    1. Vahe Mirzoyan

      Thank you for your question. US Customs have the discretion to document one’s entry into the US by any means including fingerprints, photos, and maintaining a record of conversations. This is particularly true when an Officer has reason to believe that the person’s entry is not permissible as a result of inadmissibility.
      This is something that we can definitely help you with. Our firm has helped many people acquire the proper immigration waiver so that they are not denied entry for problems such as yours. Please call us at 1-855-886-8472, or book a consultation appointment online at
      Best regards,

  12. Abbey


    My husband had a possession charge when he was 21. He is now 36 and have previously applied for a Canadian pardon and us waiver. He has renewed everything in Sept 2015 and we are waiting on the documents to come back. Is it safe to travel while documents are pending?


    1. Vahe Mirzoyan

      Hi Abbey, I wish you would have given me more information; where you both reside, citizenship, where you plan on traveling to. As a general answer, it is always best to have the documents with you when you are crossing the Canada – U.S. border. The second best scenario is to have all the paperwork that shows that your renewal has been processed and you are just waiting for the final documents to be sent back to you. The border officials want you to have enough proof to substantiate your situation. The more documentation that you bring with you, the easier you make their job, and the easier your transit will be.

  13. Rachel

    I am a US Citizen married to my husband now 5 years. We’ve already been approved for the I-130 but when we applied for the 601A waiver, due to the lack of investigating our attorney he filed our 601A with misleading information which caused his 601A denial. Long story short, we didn’t not understand in detail about immigration stuff therefore we trusted him to do the right thing but didn’t. He filed misleading information on my husband’s behalf.

    Basically, when we received the 601A DENIAL it said that the reason why they denied was because my husband’s application read or was X where he “willingly admitted to have given false informations to the USCIS” yet when we looked at the application filed by our last attorney it doesn’t show that, (where immigration indicates to mark an x for yes or no on the application question) in fact, it shows the X for NO. At this point we obviously have to assumed that he (our last attorney) gave the wrong information. And Unfortunately we can’t appeal the waiver but at least we can re submit it but confused on what to do after consulting two attorneys.

    Case details: (from what I can remember)…

    1- My husband came in the 1st time in 1998 (I think) but was caught Miami (first usa entry) and agreed to voluntarily leave (NOT DEPORTED) the US States and was sent back the same day… (We have a FOIA for him and it came back with nothing that would show deportation or any other issues).

    2- After that, he decided to come back about a week later to the USA again and crossed the border through New York (EWI) and without any problems he stayed a few years…

    3- My Husband then decided to leave the USA because he wanted to go back home and left for about 9 mos, then came back in again in 2007 with a Tourist Visa to Canada then walked (EWI) again until the NY upstate border and has been in the country since then.

    My question is after speaking with another attorney he wasn’t sure if he will need to apply for two waivers? 601 and 601A at the same time? due to the two entries? yet our first attorney never suggested that, nor the last consultation. Also, our last attorney only showed the 2007 (which is was my husband’s last entry via NY EWI to the USA) on the 601A application (that was denied) yet he also sent the FOIA documents along with the 601A application which shows the entry in 1998 which it was he’s 1st time.. am assuming was this another mistake on his part?, so if there anything I can do in his case?, do we really need two waivers?. Please advice and Thank you

  14. Sara Tillman

    I live in Oklahoma in the US. I have a fiancé in Guelph, Ontario, Canada. In March of this year, he got his passport and I had planned on flying him out for a visit. He was denied at Toronto Pearson because they felt he was an “intending immigrant” and they gave him a piece of paper stating that he needed 90% or 9/10 of the things listed on the paper to prove that he has ties to Canada before he could try again. He doesn’t have a job (he does plan to get one soon) and he’s not wanting to go to college. He doesn’t have a car (because of the availability of public transportation) or a driver’s license. He currently lives with his parents (no place of his own). He’s not wanting to come live with me, he just wants to come visit me and meet my family and friends for a week or two. That’s it. It’d be easier for him to come see me as I am in college, and have two jobs, and it is not easy for me to take off. I went to see him in May of this year and again just in October. It’d be nice if there was a way I could get him to meet the people in my life. Any ideas or advice on how we can do that? I’d greatly appreciate it if we could get some help. We don’t want to get married at the moment (planned to when I graduate college; also have some questions on getting married as well). Thank you so very much for any help you can provide!

    1. Vahe Mirzoyan

      Thank you for your inquiry Sara. I am really glad that you contacted us.

      I am sorry to hear about the situation, it must be very frustrating.I have consulted with many individuals in a similar situation,In the eyes of the CBSA officer when looking at all the evidence it only points to one thing that he is going to come and stay in Canada because he does not have any ties in United States.

      Please Sara, complete this form for me it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately.


    2. Vahe Mirzoyan

      Thank you for your inquiry Sara. I am really glad that you contacted us.

      I am sorry to hear about the situation, it must be very frustrating.I have consulted with many individuals in a similar situation,In the eyes of the officer when looking at all the evidence it only points to one thing that he is going to come and stay in Canada because he does not have any ties in United States.

      Please Sara, complete this form for me it is just a quick and easy way for me to learn more details about you and your situation so that I will be able to advise you accurately.


  15. Chris

    Hello, I have received a CDN Pardon in 2014. Before my pardon was granted I was traveling freely into the USA. However on July 27th going to Chicago for work I was asked to go to secondary inspection to inquire why I was going to Chicago. After answering the questions, the last question he asked me, “Have you been arrested?” Unfortunately I told him yes but I have a pardon for Criminal Harassment and Mischief under $5000. I realized after I should’ve said NO as they cannot see my conviction because it was pardoned. He told me my charges are admissable and next time I travel to bring my pardon papers and one of the agents can close my file. Last Sunday, I went to Buffalo and was allowed to cross but at that time I only brought my one page approval for pardon. He told me next time to bring all supporting documents relating to your pardon. Can I go to Pearson Airport to the Pre-Clearance Centre to take care of this? I don’t want to spend the money for the waiver if I dont need one. Any advise would be appreciated.
    thank you

    1. Mira Freiwat

      Hello Chris,

      Thank you for your post. I am sorry to hear about the hardship that you have been facing as a result of not having the required documents on hand while traveling. You absolutely did the right thing by informing them of the prior arrest, whether it has been pardoned or not, as failure to do so would have resulted in automatic refusal for misrepresentation. Misrepresenting yourself at any port of entry will result in you being inadmissible and requiring a Waiver to enter the US thereafter.

      Luckily, you were honest and now just need to present the supporting documents pertaining to your Pardon to be admitted. You can go to any port of entry to submit the documents, but it may be easier to go back to Buffalo just because all of your dealings this far have been through them. Good luck with everything! MF

  16. Jutta


    I am planning to travel to NYC this year with an ESTA, from Europe. My mother lives in NYC but with an undocumented (illegal) status. She overstayed her ESTA by 3 years. I want to know if I can be denied to enter the US because of this? I am not planning to stay more than 2 weeks. I was also accepted into a university in the USA for the fall of 2016 so I was wondering if I let the CBP agent know about this will it help my case?
    Also, when I completed my ESTA I stated that I will be staying at a friends place (friend of my mother, that I only met online…but we know each other for more than 10 years), which I intend to do, since my mother lives there as well. Can this be problematic and should I let the CBP agent know that my mom lives there?

    I would appreciate any information you can provide.

    1. Mira Freiwat

      Hello Jutta,

      Thank you for your inquiry. Considering the circumstances and that you are visiting someone in the US that is there illegally, there is a strong possibility that if you disclose this information that you can be denied entry as well as have your mother be put at risk for removal. I think there are ways to help in this situation, but in order for me to advise you accurately, I would need to learn more details about you. Kindly complete this form for me Jutta as it will provide me with the necessary information I need. You will be contacted once it has been reviewed and advised accordingly. MF

  17. ronaldo desuza

    if someone was convicted with a manslaughter and possession of drugs with the purpose of trafficking. has been off parole for 5 years and has not committed any crimes since then, can they still have a chance to get a waiver to enter the states coming from Canada?

    1. Mira Freiwat

      Hi Ronaldo,

      Thank you for your inquiry. Although you have provided me with some details about your credentials, I would still need some more information to determine your eligibility and the best route for you to take. Kindly complete this form for me and you will be contacted once it has been reviewed. We have handled MANY Waivers over the years and have had tremendous success in assisting our clients in gaining entry to the US…convictions and all, you came to the right place. MF

  18. Amah

    I had a 10 year visitor visa. I stayed for 4 months in N.Y.C and returned to Jamaica. After 1 month, I had a business meeting and decided to return to N.Y.C. Upon reaching Charlotte airport, I was sent for secondary screening, where I was accused of carrying drugs. After a thorough search of my bags and body, the DHS officers found no drugs, however they found my diaries in which I had written that I worked while I was there. Because of that, I am now banned for 5 years. What are my chances of a waiver?

    1. Mira Freiwat

      Hello Amah,

      Thank you for your post. This is one of the more common questions I get asked by my consults here at VisaPlace. We have dealt with so many cases like this in the past, and have been very successful in have bans overturned as well as B1/B2’s reissued. But in order for me to determine your eligibility for the Waiver Amah, I would require some more information from you. Kindly complete this form and once it has been reviewed you will be contacted. MF

  19. Amyn

    Hi am a Canadian and has been refused entry to USA for following reasons. My spouse has been arrested and convicted for conspiracy for distribution. I had no part in it and any knowledge. I do understand the law that even a spouse and child can be found inadmissible. So this is what happened to me. Can I apply for a waiver to enter again? My work requires me to travel, for future vacations and also to visit now the incarcerated spouse. How likely will I be succefull in the application. I have no criminal record.

    1. Mira Freiwat

      Hello Amyn,

      Thank you for your post. We can definitely help you with this process by applying for a waiver on your behalf and having this inadmissibility over turned. Please do contact our office so that I may advise you on what is the best step to take forward in regards to this matter. MF

  20. grace

    hi. I worked on a cruise ship in U.S. before but I didn’t finish my contract. I was dismissed and sent back to my country. I applied and got a job on a new company but they didn’t know that I was dismissed on my previous one, I told them I resign. Now my joining port is in U.S. again and will I be denied entry by the U.S. immigration? Will they see my previous record on their files?

    1. owen

      Hello Grace,

      It is difficult to say whether this will be problematic for you at the border. Certainly if you are denied entry to the US, please don’t hesitate to contact us because we can provide you with an Entry Package which will maximize your chances of being able to enter the US.


  21. Porscha

    I have been dating this guy from Mexico for 3 years, now we have decided to get married. The issue is that he was caught smuggling drugs. Currently he is a professor and has not been in any trouble since. Does he need to apply for a waiver before he can apply for his Visa to come to the USA to get married? Or do we have to get married in Mexico first?

  22. Rohit Goel

    I recently had a Visa Interview for B1/B2-Visa at US consulate Delhi, India . I was denied under Section 214(b) which is a temporary denial and I understand cannot be appealed .
    However Visa officer told me verbally that there is hit on my name from Either USCIS or CBP and that is why I am being denied a Visa and I need to apply for a waiver to get my name cleared .
    The background on that is I was denied H1-B Visa on 16th February of 2011 under section 212(a)(c)(1) .

    My question is that how can I apply for waiver based on recent denial since it is under section 214(b) which a temporary denial and in order to file form I-601 one need to have a permanent grounds on inadmissibility .

    Can I apply for waiver based on old denial on 16th Feb 212(a)(c)(1) given it happened 3 years back


    1. owen

      Hello Rohit,

      Thank you for the question. We can certainly assist you in obtaining a waiver so that you can enter the U.S., and it seems that your case is particularly complex and that you would greatly benefit from the services of one of our experienced immigration lawyers. As such, please don’t hesitate to contact us directly with any further questions


  23. Courtney

    My husband is from Mexico and has been deported twice, the firsst time was back in 99 and the second was last july. one of which times we were in the visa application process. He was told he is ineligible for a visa for 10 years. Is there anything I can do to get him back here sooner? does he qualify for any kind of waiver?

  24. linda

    Hello, I have an urgent situation. A family member is still in the immigration process and has being denied entry. We contacted a lawyer to handle the case, what are the chances of them allowing her back to the US being that she still at the airport?

    1. owen

      Hello Linda,

      I am sorry to hear that your relative was refused entry into the US. Fortunately, with the help of a skilled immigration lawyer, there may be legal avenues that your relative could pursue in order to successfully enter the U.S., however, in order to further assist them, we will require more details about their personal circumstances. Please take a moment to fill out our free online immigration assessment form and one of our experienced immigration professionals will be in touch with you shortly


  25. Rena V

    My friend wants to come to the US from the UK for a visit, but was caught with marijuana 16 years ago. Does this mean he would need the waiver, and if so what do you do to get one?

    1. owen

      Hello Rena,

      Your friend may need a waiver in order to enter the US depending on the details of what happened to him (legally speaking) after he was found to be in possession of an illegal substance. Generally, waivers can be difficult to obtain, and there is a lengthy and complex process involved, and so it would be best to seek the assistance of one of our experienced immigration lawyers who would be more than happy to help your friend enter the US. Please let us know if you have any more questions.


  26. Kevin and Rosa

    My father in law is from Mexico. He had been denied entry into the us after his flight landed in Houston 6 years ago. He flew back on the next flight at his own expense.
    He had been coming to the US for many years on valid tourist visas to visit family.
    He was accused of working at a golf course and was pressured into signing a statement that said he worked. His daughter (my wife) was a resident then and is now a citizen. He was threatened with her status.
    This spring he paid his money and had an interview in Merida and was denied and not given any reason.
    What would be our next move. He is 73 years old.

    Thank you

    1. owen

      Hello Kevin,

      Thank you for the question. I am sorry to hear that your father in law was denied entry to the US, and it is also concerning that he signed a statement indicating that he worked in the US. Although he is in a difficult situation, there may be options available to him, but he will require the assistance of one of our skilled immigration lawyers. It would also be helpful if we could have some more details about his personal circumstances, so please don’t hesitate to fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly


  27. Adam


    I am now 25, between 18 and 20 I was really stupid and managed to get in trouble with the police which I seriously regret. I really am a changed person and it’s putting huge restrictions on my life. When I was younger I spent a lot of time in the USA as my Dad worked there, I love it and to think I can’t even go there on holiday makes me feel really upset.

    I have done a lot of research on Visas and I am interested to see where I stand and if there is any hope for me.

    My record is like this: (Hidden for privacy)

    Is there any hope for me?

    Thank you.

    1. owen

      Hello Adam,

      Thanks for the question. You will need a waiver in order to enter the U.S. due to your criminal inadmissibility. Although applying for a waiver can be a lengthy and complex process, we have helped many people successfully obtain waivers and enter the US even though they had criminal records. Please don’t hesitate to contact us if you have any further questions.


  28. Jonn Newman

    My friends and I accidentally drove across the border a few summers ago with an illegal substance.
    We would like to get our waivers done.

    My question is, because we were denied for drugs (regardless of how small the amount) is that going to make it harder for us to get a waiver?

    1. owen

      Hello John,

      Thanks for the question. Being previously denied admission to the US due to the possession of an illegal substance may make entering the US a bit more challenging, but the best thing for you to do in order to maximize your chances of being able to enter the US is to prepare a strong case for your waiver application with the help of an experienced immigration lawyer. We would be happy to assist you as we have gotten many waivers for our clients in the past. Please feel free to contact us anytime, and fill out our online assessment form and one of our immigration professionals will be in touch with you shortly


  29. Victoria

    Hi, On September 2009, my best friend worked for a cruise ship based in USA, he has US C1/d visa but he quit his job 1 week after joining the ship, the company (cruise ship) allowed him to return in his country but when in airport, he didn’t ride an airplane because he experienced mixed anxiety, fear and depression. He was held by ICE in Tacoma Northwest Detention, after about 2 weeks he was deported. He is now ok and he didn’t feel any anxiety now. He was planning to work again in cruise ship, my question is can he get C1/D US visa again? Is it possible that when he will be in airport in USA that he will be deported again if the immigration detect that he was deported before? How many years does it take to be ban in entering in USA?

  30. yadira

    my mother committed a drug trafficking crime 8 years ago more than 100 pound of marijuana. can i apply for her when 15 years pass from her arrest? i am citizen. does she even have a chance to come back.

    1. Sarah Jane MacDonald

      The seriousness of your Mother’s offence will pose a challenge to overcome her inadmissibility to the US. I have given the email address that you have provided to a team member experienced in such matters. They will be in contact to discuss this further with you.

      Sarah Jane

  31. Ahmad

    I am from Iran. my wife is a lottery winner , but she has been diagnosed by doctors to have breast cancer and has removed her right breast. she is under medication now . can we go on and attend medical examinations or we should forget immigration? will the doctors reject us just for her illness? we have to travel to turkey or Emirates for interview but we have the fear that after spending too much money , the panel physicians might deny us ? what should we do now?

    1. Sarah Jane MacDonald

      I am sorry to hear of your wife’s diagnosis. All the best to her on a speedy recovery. I will have a team member contact you at the email you have provided. One of our experienced immigration consultants can discuss this matter with you to determine your best course of action.

      Kind Regards,
      Sarah Jane


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