What are waivers for being denied entry to the United States?

A United States waiver of inadmissibility is a document that will allow someone to enter the United States if they have previously been denied entry to the United States or think they likely would be denied entry to the United States. 

People who have criminal records and health problems might be denied entry to the United States even if they are Canadian citizens. A United States waiver of inadmissibility “waives” this criminal or medical inadmissibility.

However, a United States waiver is not easy to get as the United States will have to look at your criminal case very closely. If you have been denied entry to the United States, consult with a licensed immigration lawyer or immigration attorney about your options. You will need their help!

What is required to obtain a US Waiver?

You will need several things in order to obtain a United States waiver of inadmissibility:

1. You will need to obtain and fill out an I-192 form (Application for Advance permission to Enter as a Nonimmigrant) and a G-325A form (Biographic Information).

2. You will need to obtain an RCMP certificate for your criminal record and any applicable local court records about your offence.

3. You should obtain three character references.

4. You may have to provide proof that you have passed a drug test if your criminal record is drug-related.

5. You will have to prepare a written statement about your criminal case and the circumstances surrounding it.

United States waivers of inadmissibility can last for up to five years, or less if the immigration offer decides it should be for less. You will have to display it each time you enter the United States. If you need one, don’t delay! They can take between six and nine months to be processed and will be mailed to you.

Michael Niren

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

  • Waiver

    The US policy is totally strict, but I think there’s nothing wrong if we follow that policy. They have the right to do it to make sure that the people who visit their country have no criminal background.

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