Tag Archives: US Waiver of Inadmissibility

Law Office Notes Series: US Waivers Inadmissibility to the US

New information about US Waivers

Every month, at our office we have meetings among the staff about the various ares of Canada and US Immigration and Visas we handle every day. We discuss the latest developments in the law, new procedures, share experiences etc. This helps all of us keep up to date with the latest information affecting our clients and their cases.

Last week we the topic we discussed, was US WAIVERS conducted by one of our US Attorney’s Fadi Minawi. Below are some of the brief  minutes (notes) taken at the session that I thought I would share with you. These notes are somewhat cryptic and focus only on the basics but provide a quick summary of the different kinds of waivers we usually deal with.  For more detailed information about US Waivers go here.

Topic 1: U.S. and Waivers Inadmissibilities

I-192 Applications: By far this is the most popular waiver prepared at our offices.

o      When the application is approved, an I-194 will be issued confirming the granting of waiver.

o      Generally, most Canadians who have the following issues will need a waiver:

§       Overstay

§       Misrepresentation

§       Criminal offences

o      Not every crime committed will render a person inadmissible.

§       Only those who committed a crime of moral turpitude require (CMT) a waiver

§       A single DUI will not render you inadmissible to the U.S. neither will single “petty offense” (see petty offense exceptions)

I-212: Persons who have been deported from the U.S., typically in the last 5 years, need an I-212 waiver as well.

o      It may be processed together with I-192.

o      Persons who apply more than once for entry into the U.S. within a short period of time may be expressly removed by US authority, and they will need I-212

-        Waiver application may be submitted to Pearson Airport, Port of Entry (POE) and by Mail

o      Pearson Airport is the first choice because it is “safer” for clients (it is on Canadian soil)

o      While application may be submitted by mail, applicant will still be required to take US fingerprints at POE

I- 601: extreme hardship waiver, only used for immigration petition

-        Humanitarian parole:  (HPs) may assist people who need to enter the U.S. urgently, but must have valid humanitarian reasons. Turn around time may be within a week and submissions are sent to District Director at POE and should be filed in conjunction with US Waiver to show good faith. Applicant will be “pre approved” and be given a defined duration for the US after which he or she must return.

HPs are for urgent, very serious matters only. Supporting documentation to justify them are a must and detailed submissions outlining the reasons for urgent entry should be compelling.

Do you have a question about US Waivers? Contact Niren and Associates immigration law firm.

Sign Up For Our Newsletter

  • Subscribe to our newsletter and be eligible for prizes.
Published on: September 18th, 2010Published by: sboc

I Overstayed my J-1 Visa. Can I return to the US?

What to do if you overstay your J-1 Visa?

I overstayed my J1 visa (for 14 months) and was granted a voluntary departure in 2001. By that time I was a Chilean citizen. Now I am a Canadian citizen and have a good job in Toronto. I would like to go to the States for vacation sometime. However I am not sure if I have to apply for a waiver of inadmissibility. And if I have to do so, I would like to know what my chances are to be admitted? Is it better if I wait one more year?

I have no criminal records at all in any of the countries.

Thank you.

__________________

An overstay of 14 months would trigger a 10 year bar which would require you to apply for a US Waiver of Inadmissibility. The longer you wait to apply, the better. You should also be aware that as a former J-1 Visa holder, you may be subject to a 2 year residency requirement which means that you would have to reside in your country of citizenship for 2 years before entering the US. This is therefore a potentially complicated situation. You should seek legal advice.

Have a question about visa overstays of the J-1 visa? Contact Niren and Associates Immigration Law Firm today.

Sign Up For Our Newsletter

  • Subscribe to our newsletter and be eligible for prizes.
Published on: May 11th, 2010Published by: sboc

Subscribe to Our Newsletter

  • You could be eligible for prizes
Start Your FREE
Assessment
Top of page

Associations