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?
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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