Questions about US Waivers for our immigration law firm
Q. I am a Canadian citizen. About 5 years ago I was denied entry to the US for misrepresentation and was given a 5 year bar. I did not try to enter the US during those 5 years but now I wish to go for visitation. I have been told that I should apply for a US Waiver. Is this the case even though my 5 year bar has expired?
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Information about US Waivers from our immigration law firm
A. Technically, you should not have to apply for a US Waiver (I-192). However, we have found that CBP Officers are asking Canadians with 5 year bars to apply for US Waivers despite having waited the 5 year period. Their justification is that these applicants have an “immigration history” and as such there are concerns about their credibility as genuine non-immigrants (visitors). What this means in practice it seems is that if you are unfortunate to have been given a bar, you would likely need to apply for a US Waiver long after the 5 years. Fair? Not really. But such is the reality at the Canada/US Border.
The best strategy is not to misrepresent your intentions for entry to the US. And if you have concerns about your rights, seek legal advise before you visit the Canada/US Border to avoid unpleasant surprises.
Have a question about US Waivers? Contact Niren and Associates immigration law firm.
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President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
