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:
§ 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.[gravityform id=1 name=Havea Question? ]
The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.
Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.
Great firm on top of their game. Worked with us til the end to ensure my parents visa was approved and guided us along the way in a professional manor. Natalie is awesome. Majority of our communications were via email, but the responses were immediate. I would greatly recommend this firm. Thank you for all your hard work and help. My family and I do really appreciate it.
I am grateful for the legal services that I got from Sanaa and Alicea of Visa Place. I was impressed by their client centered approach. Their professionalism involved their hearts and heads to work on my case. I cannot compare the time they spent on it with the money I paid. All they wanted was a fine final document. I also liked their prompt communication. They are really passionate about what they do.