Do you need a US waiver?
A United States waiver of inadmissibility allows individuals who are otherwise inadmissible to the United States (such as people with a criminal record) the ability to enter the United States for temporary trips.
People can be inadmissible to the United States for any number of reasons, but most often the reason for inadmissibility is a criminal history, even a seemingly insignificant one.
If you are criminally inadmissible to the United States but you need to travel there, consider applying for a United States waiver of inadmissibility. In fact, it is wise to not wait until you need to enter the United States for an emergency, but to do it in advance because the application for a US waiver can take between six and nine months to process.
The US waiver application process
An applicant who wishes to apply for a US waiver must create an application package, and then bring the application (in person) to a specific United States port of entry while also paying the application fee.
While this sounds quite simple, the application package itself requires a number of different things relating to the applicant and their criminal history.
For example, you are expected to write a personal statement about the criminal offense and the circumstances surrounding it. You will also need official documents relating to the case from both the RCMP and the local courthouse.
There are two application forms that are a part of the application package, the I-192 (Application for Advance Permission to Enter as a Nonimmigrant) as well as a biographic information form, G-325A.
Because the waiver is for temporary entry to the United States, the applicant will need to demonstrate that they will return to Canada after they have visited the United States and must do so by showing their ties to Canada via employment, family or property ties.
There are also other requirements that depend on your criminal history itself. For example, someone with a drug conviction may have to show that they have passed a drug test.
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
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