My US Waiver Experience

Found article: Denied entry to the U.S.? Don’t panic

2011-02-25T16:35:00.004-05:00

Tom Wilson of the Globe & Mail recently filed an article that resonates to what a lot of us on this blog have already gone through: being found inadmissible to the US at a point of entry because of a prior criminal conviction.

In the article he touches on the very real point: "Honest and forthright individuals can get extremely nervous in these situations, making them appear slippery and dishonest". The first reaction for most of us, of course, is denial, which is obviously incriminating.

What should you do if you are denied entry on the basis of a criminal conviction that might have happened decades ago in your wayward youth?

He goes on in the article to describe different situations, for example, the petty offense exception and an interview with a Vancouver based immigration lawyer. It's an interesting and relevant read. See the entire article: Denied entry to the U.S.? Don’t panic

Look for a special follow up on March 1st in the Globe & Mail: Admissibility and inadmissibility of Canadians to the United States under NAFTA (I'll post here if I find it).

The TSA and Privacy Rights

2010-12-06T21:09:00.005-05:00

As a valid holder of an I-194 waiver the least of my worries when conducting US travel is whether, or not I want the low-tech fondling or high-tech pornography screening now available in most US airports. Either seems petty compared to the indignity of being shifted through secondary screening.

That said, the Oklahoma Daily has a well-written editorial about the current state of airport security. Read the article, A nude awakening – TSA and privacy.

The fundamentals of this column apply just as well in Canada (we have undertaken similar security screening measures) as they do in the US.

Update

2010-12-03T15:02:00.003-05:00

It's been a while since my last update.

I've got less than a year on my current I-194 waiver (expires next November) and I'll be documenting my experience in obtaining a renewal. I plan to start the process again in late January (11 months should be more than enough time, right?).

Got Pardon? I don't. I'm still waiting on the pardon that I applied for through Pardons Canada back last March. I've not be on top of them to do so, but their lack of updates has not impressed me much. I can just hope that they are making good progress (note to self: follow up with Pardons Canada). The main reason why I chose to go with them in the first place was so that I could free myself from the paperwork, bureaucracy, etc. To have to chase after them for updates washes that reason away just a little.

Thanks to those who have been keeping the comments alive. I've seen some good discussions about wait times and other irregulaties. Don't forget you can always subscribe to the comments feed.

CBP Updates Site on I-192 Waivers of Inadmissibility

2010-03-30T11:03:00.007-04:00

U.S. Customs and Border Protection (CBP) has expanded on its explanations of the grounds of inadmissibility for which one might require a Form I-192 waiver.

Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Inadmissible Canadian Information

In general, you might be denied entry:

If you have a communicable disease,
If you have a criminal record for crimes of moral turpitude,
For possession of or trafficking in a controlled substance,
If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
If you have trafficked in persons,
If you have been involved in money laundering,
If you might become a public charge because of limited financial resources,
If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

A comprehensive list of the legal descriptions can be found here: Legal Descriptions (opens a PDF document)

Reference: Immigration blogs that I follow

2010-03-09T16:53:00.004-05:00

Here are a few Immigration Law blogs that I currently follow.

Border Immigration Lawyer Blog -Sarah E. Murphy, Esq.
Often posts about the waiver of inadmissibility process and her clients' experiences.

How do I get a Pardon? -Jared Church (expresspardons.com)
Although primarily focused as a pardon service, the blog does cover issues around US travel.

Matthew Kolken on Deportation And Removal -Matthew Kolken, Esq.
US Immigration advocate, covers a wide ranges of immigration related issues.

The Immigration News Blog -Matthew Kolken, Esq.
Another immigration blog by Matthew Kolken.

Pardons Blog -Pardons Canada (pardons.org)
Blog focuses on the pardon service but does cover issues around US travel.

Immigration Blog For US & Canada -Bomza Law Group, Toronto Immigration Law Firm
Not much about waivers of inadmissibility but US immigration in general from a Toronto Immigration Law Firm.

Pardon Services Canada blog -same (pardonservicescanada.com)
Another pardon service blog, covers issues around US travel.

Please comment if you have others to share.

Reading suggestion: In Safe Hands

2010-03-04T11:39:00.007-05:00

I've crossed into the US on numerous occasions after receiving my I-194 waiver and have always found the U.S. Customs officials to be professional, balanced and fair in their questioning and/or decisions.

For example: when traveling with my wife and young children, we have surprisingly never been sent to secondary screening. Instead, the officers that we have dealt with have always processed my waiver on the spot -alleviating the extra time and possible humiliation to my family of waiting in secondary.

If you've had similar experiences (or even if you haven't), this book is for you: 'In Safe Hands,' is a collection of short anecdotal stories from the life and times of a now retired U.S. Customs officer (Michael Cunningham). I picked this book up recently when I was on a business trip state-side. Last week when I was traveling to the US I brought it along and was reading it while waiting in secondary. I'm pretty certain at least one officer noticed and found my reading choice somewhat amusing!

Epoch Times has a good write up and interview: Retired Customs Official Tells Tales From the Border

I'm interested in your comments about positive/negative experiences with the CBP. Did you fill out and return the comment card?

Got pardon?

2010-03-02T22:13:00.010-05:00

After much hesitation, consideration and a little bit of research I have decided to apply for a pardon.

What's a pardon? A pardon allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records. Pardons are issued by the federal government of Canada. This means that any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were issued a pardon.

CPIC is the information system which the US CBP (Customs and Boarder Protection) share and use to check if a Canadian individual entering the US has a criminal record. If you've never been stopped while crossing into the US and the CBP has never searched CPIC, then potentially you can apply for a pardon and have you record removed from this database.

In my situation, having a pardon does not help for US travel as I am already in the CBP (and probably now the FBI) system after being found to have a criminal record and being required to apply for an I-194 waiver. Initially I was concerned about having my records removed and the ability to access them for my next waiver renewal (my current waiver expires in November 2011). I've learned that although the record is removed from CPIC and/or other police databases, it is still accessible from the RCMP records office.

So why get the pardon? Job prospects, plan and simple. More and more companies in Canada are requiring criminal record checks for potential employees. To add, although the organization I work for already knows I have a criminal record, they have informed me that a pardon would help in my career advancement.

So recently I contacted Pardons Canada, a non-profit organization that assists individuals in removing a past criminal offence from public record. The first step was to acquire recent finger printing information and currently I am waiting for the RCMP validation. I will update you on this process. Comments appreciated.

Are You Sure You Are Inadmissible?

2009-09-01T00:07:00.002-04:00

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be eligible for the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all of the following 3 statements:

he/she has committed only one CIMT;
he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)"; and
the offense of conviction carries a maximum possible sentence of one year or less.

In other words the individual can only have one Crime Involving Moral Turpitude (CIMT), this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days.

If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime!

(this is a para-recap of a prior posting entitled "Can you claim the Petty Offense Exception?")

Poll result: Do you have an I-194 waiver?

2009-08-31T15:41:00.005-04:00

If you are hoping to be one of the lucky ones to scoop a 5 year I-194 waiver, you'd probably want to be holding onto your lucky rabbit foot (or insert other lucky charm here) a little tighter. Based on the recent informal poll, that the majority of respondents carry 1 year I-194 waivers. Here are the poll results:

get Widget!

Do you Twitter?

2009-06-11T11:55:00.006-04:00

The popular social network site Twitter is a great resource to follow for those caught up in the inadmissibility waiver net or anyone interested in immigration law, policy, border protection, etc. The US Embassy in Ottawa is also part of this community as are many other notables. Here's a list of some of them:

@i194waiver Ryan Smarty (administrator for this blog). Follow me for updates on this blog and other related news.
@usembassyottawa Embassy of the United States of America, Ottawa Canada - US Mission to Canada Website Updates.
@LaurelScott Immigration lawyer (Houston, TX). I blogged about Laurel recently and her Live Attorney Chat Wednesdays.
@Immi_Issues Jennifer McFadyen -editor for About.com's Guide to Immigration Issues.
@LegalDocs Legal information covering all aspects of Immigration Law, provided by leading attorneys and law firms (and streamed via JD Supra).
@ImmigrationGuys (Florida). Latest Immigration News from real-life (in the trenches) Immigration Lawyers, Tom Goldman and Peter Loughlin. Immigration Matters.

Please comment if you have a notable follow that should be added to this list.

Jacobson likely next US Ambassador to Canada

2009-06-05T10:30:00.001-04:00

President Barack Obama intends to nominate lawyer David Jacobson, a key fundraiser during his presidential campaign, as the new ambassador to Canada, the White House announced Thursday.

The White House said Jacobson, 57, who served as deputy national finance chairman for the Obama campaign, is currently serving as special assistant to the president, helping fill vacant administration jobs.

Read the complete CBC article: Obama fundraiser to be named U.S. ambassador to Canada

This is good news for Canada: A close friend of Obama getting this position in Ottawa demonstrates the importance of the relationship with Canada for the Obama White House.

What does this mean for Canadians' who require the waiver of inadmissibility? A faint hope that the new ambassador can help to over haul some of the current waiver bureaucracy (for example, a return to a lifetime I-194 instead of people having to renew every 1, 2 or 5 years).

I'm now on Twitter: i194waiver.

DHS: We want your biometric when you go

2009-06-04T00:30:00.000-04:00

Interesting news which may potentially effect I-194 waiver recipients down the line:

As part of a new initiative, non-U.S. citizens leaving the United States from Detroit and Atlanta airports should expect to have their biometrics collected before boarding their flights. U.S. Customs and Border Protection (CBP) officers will collect biometrics at the boarding gate from non-U.S. citizens departing from Detroit; U.S. Transportation Security Administration (TSA) officers will collect biometrics at security checkpoints from non-U.S. citizens departing from Atlanta. These pilot projects are expected to continue through early July.

Non-U.S. citizens departing the United States from all other ports of entry will continue to follow current exit procedures, which require travelers to return their paper Form I-94 (Arrival-Departure Record) or Form I-94W (for Visa Waiver Program travelers) to an airline or ship representative.

Read the complete article: DHS Begins Test of Biometric Exit Procedures at Two U.S. Airports

New passport rules won't be strictly enforced

2009-06-01T10:39:00.000-04:00

Per the previous post, U.S. customs officials said they won't strictly enforce new identification requirements at land and sea borders with Canada on June 1 because of business leaders' concerns about the impact on trade and travel.

The U.S. "will have a flexible enforcement policy on June 1," said Jayson Ahern, acting customs commissioner. Eventually, "we'll get to a point where" full compliance will be required, he said.

Read the complete article: New border rules won't be strictly enforced, U.S. official says

Obviously, recipients of the I-194 waiver program should be possession of all necessary documents before making a trip state-side.

Today: New passport rules at US-Canada crossings

2009-06-01T10:16:00.000-04:00

As of today, people travelling to the United States by land or water will need a passport or other approved documents such as the NEXUS card used by frequent travellers, the Free and Secure Trade (FAST) card used by truckers, or one of the enhanced driver's licences offered in such provinces as British Columbia, Manitoba and Quebec.

The rules are part of the U.S.-imposed Western Hemisphere Travel Initiative intended to enhance border security.

Read the article: Tougher passport rules

10 Things to Remember When Crossing the Border

2009-01-05T03:25:00.000-05:00

A customs and border protection officer who I see routinely on my trips into the US (he reads my blog) handed me a little flyer which he told me he gives to some individuals to read during the questioning process. The list is quite practical and I think it is a good idea as it helps level the understanding playing field a little and eases the tention people typically feel when they're being questioned about their intended travel.

Tell the truth. If you try to use false or misleading information to get into the U.S., you will be turned back. You may be kept out of the U.S. for a long time. You may even be charged with a crime.
Understand the officer's role. U.S. customs and border protection officer have to judge several things: Do you pose a safety threat? Are you someone that U.S. law lets in? Are you someone that U.S. law keeps out? To do this, the officers ask questions and look at documents. They usually ask your citizenship, destination, intended activity and length of stay in the U.S. They can ask you anything. They can ask one question or fifty, at their choice. They may consult databases. They can send you to a colleague or supervisor for further questioning.
Carry the right documents. Bring valid current proof of your identity, citizenship and entitlement to enter the U.S. If you need a visa or work permit, get the right one for your planned activities. Be ready to document what you will be doing in the U.S.
Genuine documents only. Never use false or fraudulent documents. If you do, you will be turned back. You may be kept out for a long time. You may be charged with a crime.
Get professional advice before you arrive. Plan ahead! Consult with a knowledgeable U.S. immigration lawyer. Find out how to get the right permit for what you want to do. If the officer keeps you out because you don't have the right permit, you risk loss of your U.S. business or employment opportunity. You will suffer personal inconvenience and unnecessary expense. It's easier (and less costly) to do things right the first time, than to try to fix a bad application after you've been turned back.
Deal with your past before the officer does. If you have a criminal conviction in your past, check with a U.S. immigration lawyer before you come. Your conviction might make you inadmissible. Or, you might be eligible for apply for a discretionary waiver to remove the conviction as a reason to keep you out. The CIS takes many months to issue these waivers. Take care of it ahead of time.
Leave suspicious items at home. Bring what's consistent with the purpose of your entry. Leave at home what is not. For example, if you're coming to visit, or to attend a meeting, leave your professional mechanic's tools at home. Otherwise the officer will think you're coming to work.
Don't bring a stranger across the border. If your passenger is trying to enter the U.S. illegally, you could be charged and caught up in legal proceedings, with a risk of prosecution, forfeiture of your vehicle, and other sanctions.
Be courteous. Put the officer and yourself at ease. Let the officer do his/her job without needless distractions from you - don't wisecrack or tell jokes.
Never call the officer "honey" or "sweetheart." Can you imagine?

Feel free to comment about any that you feel might have been left out...

Every Wednesday: Live Attorney Chat!

2009-01-02T13:48:00.001-05:00

US attorney Laurel Scott (of Scott and Associates) has been providing a live chat on her site for the past view months. She specializes in the I-601 hardship waiver but seems to answer all immigration/waiver related questions including those around the Canadian application (I-192) for the waiver I-194.

The chat session is held every Wednesday at 11am (central time) at the following website: Scott and Associates chat room. The chat sessions are anonymous. Archives of her previous chat sessions can be found here: Laurel Scott chat logs.

For legal advice and representation on obtaining an I-194 waiver of inadmissibility Laurel recommends attorney Daniel E. Green. His website and contact information are here: Hudson Valley Immigration Law.

U.S. biometric expansion?

2009-01-01T23:00:00.000-05:00

First: Happy New Year! Second: I stumbled upon this news clip...

The U.S. Department of Homeland Security (DHS) announced in mid-December that it is expanding the categories of non-U.S. citizens required to provide digital fingerprints and a photograph upon entry to the United States.

Additional non-U.S. citizens required to provide biometrics include:

Lawful permanent residents of the United States (LPRs);

Persons entering the United States who seek admission on immigrant visas; and

Canadian citizens who are currently required to obtain a Form I-94, Arrival/Departure Document upon entry or require a waiver of inadmissibility to enter the United States.

Linking a person’s biometric information to his or her travel documents reduces the risk that a traveler’s identity or documents could be intentionally misused by someone attempting to gain entry into the United States, DHS said in a statement.

Biometric collection requirements apply to most non-U.S. citizens, with limited exemptions, entering the United States regardless of country of origin or whether they are traveling on a visa or by air, sea or land. Non-U.S. citizens under the age of 14 and over the age of 79 are exempt. The enforcement deadline was not revealed.

I'm traveling to the US in 2 weeks for business. In the last 4 times I've travelled the officer has handled my paperwork at first screening rather than secondary (incidentally, all trips were through Pearson).

I'm wondering if all this is about to change. If anyone has any recent experience, please feel free to comment/share.

Mandatory Secondary Screening?

2008-08-12T10:23:00.000-04:00

As one of the fortunate who possess a valid US waiver (I-194) I have become complacent in travel to the US. I always ensure that I arrive at the airport for pre-screening with more than ample time prior to my departure. If I am connecting through a Canadian city which has US pre-screening I ensure that I have at least 2 hours between connections to allot for what has become a standard (at least in my travels) - the secondary screening.

Having received my 5 year waiver almost 2 years ago this November in my initial travels it was always a gamble whether or not the screening officer would refer me to secondary but in the last year or so it seems that this practice has become mandatory. Here is how it is always played out:

arrive at first screening with documents in hand (ticket, customs declaration, passport, waiver document)
screening officer reviews documents, reads both pages of the waiver document and swipes passport
officer places all documents into a yellow folder and directs me to proceed to secondary

Fortunately I primarily pre-screen out of a Ottawa which is usually pretty quick. When I pre-screen in Montreal or Toronto it can become quite frustrating.

Here is the thing - recently I was traveling with my wife back through the US from a vacation in the carribean. We connected in Atlanta and I was refered by the first screening officer to secondary. After sitting in secondary with my wife for about 30 minutes a supervisor called me up to the counter. He gave me my documentation and escorted my wife and I out. On the way he told me this:

"You have a waiver and therefore you should not be using secondary. You are clogging the system! Next time you are refered to secondary from the first screening officer, ask them to speak to a supervisor. Tell the supervisor that you possess a valid waiver and that you've been told that you should not be refered."

At the time, I felt that this was excellent advice. I completely agreed and thanked the supervisor for this information and my wife and I proceeded to catch our flight. A few weeks later I was traveling the US once more. At first screening the officer was familar to me (as most are out of Ottawa). Rather than ask for her supervisor I proceeded to tell her what I was told in Atlanta. Her response was that every border office does things differently and the guy in Atlanta shouldn't have told me that. From there I was then refered to secondary.

So here's the questions: has secondary become a standard for you? Have you ever asked to speak to the supervisor and if so has it been beneficial?

Ciminal record: Are you barred from entering the US?

2008-01-22T14:28:00.000-05:00

There is often confusion regarding whether or not an individual would be deemed inadmissible to the US. The confusion tends to be over the type of crime committed and the sentences of such crime. Under US immigration law, an aggravated felony includes any crime described on the following list:

murder, rape, or sexual abuse of a minor
illicit trafficking in a controlled substance, including a drug trafficking crime
illicit trafficking in firearms, destructive devices, or explosive materials
money laundering (see 18 U.S.C. § 1956)
certain explosives and firearms crimes (see 18 U.S.C. § 842, 18 U.S.C. § 924, and 26 U.S.C. § 5861)
"crimes of violence," as defined in 18 U.S.C. § 16, for which the sentence imposed was one year or greater
theft or burglary offenses, for which the sentence imposed was one year or greater
making ransom demands (see 18 U.S.C. § 875 et seq.)
certain child pornography crimes (see 18 U.S.C. § 2251)
racketeering crimes, for which the sentence imposed was one year or greater
prostitution crimes, supervising prostitutes, or transporting persons across state lines for purposes of forcing them into prostitution
disclosing national security information
fraud on another person or against the government, where the amount of loss exceeds $10,000
alien smuggling
illegally entering or reentering the United States
passport fraud, for which the sentence imposed was one year or greater
failing to report to serve a prison sentence
bribery, counterfeiting, forgery, or trafficking in vehicles with altered identification numbers
perjury, tampering with witnesses, or obstruction of justice, for which the sentence imposed was one year or greater
failing to appear in court in relation to a criminal prosecution where the potential sentence is two years or more
any attempt or conspiracy to commit any of these offenses

An alien convicted of an aggravated felony may not:

receive asylum in the United States
become a citizen
subsequently enter the United States
have removal orders cancelled without specific authorization of the Attorney General

You can refer to the wikipedia listing for more information. You should also consult these previous posts: Can you claim the Petty Offense Exception? and Waivers of inadmissibility.

Update: University Teacher Gets 90 Day Reprieve

2008-01-08T23:50:00.000-05:00

Here's the update to an earlier posting about a Canadian teacher in Indiana who when renewing his permit as a temporary worker was found to have an age-old conviction from 1964. A Canadian, Stephen R. Gill, was teaching English at Indiana University South Bend.

Gill learned late last week that U.S. Customs & Border Protection gave him a 90-day extension on a humanitarian parole. That extension expires April 1.

“I’m happy about it,” Gill said Tuesday from his South Bend home.

Late last year, Gill had been ordered to leave the country and return to Canada by Monday.

You can read the complete article here: "South Bend man gets reprieve on deportation to Canada".

The article incorrectly states that Gill has applied for the I-192. The I-192 is only the application form (Application for Advance Permission to Enter as a Non-Immigrant) which you submit in order to be considered for an I-194 waiver. I'll be surprised if U.S. Customs & Border Protection extends this past the 90 days and I'll fall off my chair if he has any sort of a response to his I-192 application before then.

(Thanks very much to the individual who alerted me to the article by commenting)

Do you have an I-194 waiver?

2008-01-06T23:39:00.001-05:00

get Widget!Thanks to those who participated in my recent poll "Do you have an I-194 waiver?". It turns out that of those who participated over half have applied or intend to for the I-194 waiver (Advance Permission to Enter as a Non-Immigrant).

It is also interesting to note that the amount that have 1 year or 5 year waivers are very close (3 to 4). I had read somewhere that the waivers were granted as 1 year or 5 based on the degree or seriousness of the past offenses. If this is true, then wouldn't a person expect that if he/she were granted a 5 year waiver, he/she should always expect the 5 year waiver?

I'd be happy to hear your comments and personal experiences on this.

I-94 Admissions Poised to Break Records?

2007-12-19T14:49:00.001-05:00

get Widget!2006 saw a resurgence in the number of I-94 admissions to the US at almost 34 million - a level not seen since 2000. There was an obvious dip after 2000 associated to the economy and 9/11. Some say that 2007 is poised to break the records with an increase of I-94 admissions by CBP because of tighter scrutiny and a more streamlined process.

Certainly the scrutiny is much tighter than ever before but I would question that the process has been streamlined very much (if at all). Welcome to the bureaucracy of secondary screening: you'll sit idle in a room for on average 60 minutes with other I-194 waiver holders; immigration seekers; refugee claimants; and the odd other visa applicant. Sometimes you'll sit until radically close to your departure time. Other times you'll actually miss your flight. For what? For a CBP officer to take a 30 second secondary look at your waiver. A stamp. Sometimes a smile and you're free to go.

I recognize that travel to the US is not a right but a privilege, and I can understand that I-194 waiver holders make up a small (tiny) minority of the claimants who pass through secondary screening. All that I'm asking is why, if my waiver was already granted, approved by DHS, and reviewed by the CBP officer, do I need to be re-processed in secondary screening?

A US Vacation with the Family

2007-12-12T10:48:00.000-05:00

As most of you long time readers already know - since receiving my waiver just over a year ago I only travel to the US alone and only on business.

Well, not anymore. We've just arrived home from our first family vacation to the US since receiving my I-194. The process was surprisingly pretty painless but also probably completely up to the discretion of the inspecting border officer. At the airport pre-clearance I immediately produced my waiver and told the officer that we were headed on a family vacation (my first one with waiver). I currently have an I-94 which is good for multiple entry until February 4th 2008. He did his usual checks: Scanned all of our passports; clarified something with a colleague (not sure if it was about us or about what he was having for lunch); and then quickly let us pass.

This time around - no secondary screening! He probably did that to save the trouble of keeping my 2 overly excited children in line. We arrived at the airport 3 hours prior to departure to ensure we didn't face any interruptions. Although there was a lot of wait time at the gate, we were still happy to not be rushed. And yes, we had a terrific vacation in warm and sunny Florida :)

For Americans with Criminal Records Travelling to Canada

2007-12-11T15:23:00.000-05:00

If you are a Canadian with a criminal record and you hope to travel into the US (but not immigrate) you will need to apply for an I-194 waiver. I've provided a lot of information on this blog as a resource to hopefully aid in your process.

So what about those Americans who wish to travel to Canada who have criminal, DUI related or other convictions? Well, in order to visit Canada, one must apply for a "Minister's Approval of Rehabilitation" which can be obtained through many Canadian Consulates (here is one in Buffalo: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp). The Minister's Approval will permanently remove the inadmissibility caused by conviction.

There is an interesting article I found here on The Plain Dealer (A Cleveland daily) which discusses the increased intolerance at both sides of the border. You can read the article here: What to expect going to Canada if you're an American with a record

Criminal Conviction from 1964 Bars University Teacher from US

2007-11-30T08:57:00.000-05:00

The zero tolerance policy of the CBP has caught another in its net. This time a university teacher from the Indiana University South Bend.

The clock is ticking for Stephen R. Gill.

"Come Jan. 8, if there's no resolution, I'll be going back to Canada. I have no choice," said Gill, 61, who until June worked as an IUSB adjunct lecturer in English.

...Gill went to the U.S. Customs & Border Protection station near Detroit each year for the renewal. He had no problem until June 11 of this year. For the first time, a border agent asked him: "Have you ever been arrested?"

Gill said he panicked and said "no." With the arrest so long in his background and details hazy, he said he had begun to doubt his own memories of the incident.

The agent confronted Gill with evidence of his 1964 arrest. "At that point, I was speechless. It had turned up after 43 years," he said.

You can read the full article here: IUSB teacher deported?

As the reporter of this article correctly points out, Gill will have to leave the US in order to apply for the waiver, but they incorrectly go on to say that the waiver process could take 3 to 6 months (how about 9 to 12 months?). Hopefully this sort of attention within the US can help the movement to bring about support for making much needed and sensible changes to section 212(a).

Is Statutory Rape a Crime of Moral Turpitude?

2007-11-29T10:46:00.000-05:00

As crazy as it might sound, the answer is... No. At least for deportation purposes. Exert from an article published by the LA based MetNews - Court Overturns a Deportation Based on Sex With Minor:

A person 21 years of age or older who engages in a sexual act with a minor under 16 years of age does not categorically commit a crime of moral turpitude, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

In an opinion by Judge Sidney R. Thomas, the court reversed an order by the Board of Immigration Appeals finding Alberto Rene Quintero-Salazar deportable because his conviction under California Penal Code Sec. 261.5(d) constituted a crime of moral turpitude.

Quintero-Salazar, a Mexican national, entered the United States in 1990, obtained conditional residence in 1992, and became a lawful permanent resident in 1994. His wife, three children and two stepchildren are all U.S. citizens.

In 1998, he pleaded nolo contendere to contributing to the delinquency of a minor, engaging in intercourse with a minor three years his junior, and engaging in intercourse with a minor under 16 years of age while he was 21 years of age or older. He was sentenced to 11 months imprisonment and ordered to attend counseling and other rehabilitation programs.

He was detained on April 2, 2002 by the Immigration and Naturalization Service in San Francisco while attempting to reenter the United States after visiting family in Mexico. Asserting that his conviction involved a crime of moral turpitude, the INS then began removal proceedings and charged him with being an inadmissible alien under Sec. 212 of the Immigration and Nationality Act.

Read the full article here: http://www.metnews.com/articles/2007/quin101007.htm

So... a 20 year old record for theft over $1k (for which restitution and rehabilitation can be demonstrated) can still get you denied from entering the United States BUT something as heinous as statutory rape, you are allowed to pass on your marry way...

Puppets, Marriage, Immigration and the US Election

2007-11-27T10:50:00.000-05:00

From the YouTube description: "Current immigration law is breaking up American families. US Citizens whose immediate relatives have been unable to adjust their status are also victims of the immigration debate. Unidentified US couple poses their question in guise of puppets. Enjoy!"

Now watch the video: Married to an Immigrant.

A bit difficult taking these puppets seriously although they do raise an excellent point that I'd be happy to see the candidates address. In my opinion the current US immigration policies cast too wide of a net which is overly bureaucratic and wrongly affects legitimate applicants.

I-601 Waivers And Extreme Hardship

2007-11-25T22:48:00.000-05:00

There is a thread over here ( I-601 and extreme... ) on the IWL discussion board which includes some excellent information regarding the filing of an extreme hardship waiver. Some additional information and the original post material can found over here (general guide for waivers...) on the Family Based Immigation forum.

Hardship waivers are usually applied for when the individual intends to immigrate to the US but has been deemed inadmissible (excluded) because of:

Health related problems (HIV, TB, etc)
Criminal and related violations
People likely to become a public charge on welfare
Security and related violations
Illegal entrants and immigration violators
Document violations
etc.

Although this blog is mostly focused on those who wish to travel to the US but have no intention of immigrating (where an I-192 application is needed - Application for Advance Permission to Enter as a Non-Immigrant) I do intend to post when possible anything related to I-601 waivers in general.

Japan Now Fingerprinting Visitors

2007-11-24T04:35:00.000-05:00

I stumbled across this article (Japan starts fingerprinting, photographing visitors) which reports on Japan's recent move to prevent terrorists and illegals from entering the country. At one point in the article it is mentioned that Japan is the second country after the United States to implement such a system. It goes on to point out: "Fingerprints and photos will be checked for matches on terrorist watch lists and files on foreigners with criminal records in Japan. People matching the data will be denied entry and deported."

It didn't mention anywhere that the record check is synchronized with any foreign databases such as the Canadian Police Information Centre (CPIC) database although one can only wonder if it is headed in that direction. It is entirely possible that in a not to distant future all individuals who have criminal records will either be denied foreign travel or would require waivers or other bureaucratic materials.

DHS can lookup your FPS number

2007-11-23T12:32:00.000-05:00

The Canadian Police Information Centre (CPIC) database is a central warehouse which, amongst other things, keeps records of your FPS (your finger print file). If you have ever been fingerprinted then chances are a record sits in this database and DHS has access. So if you have a criminal record and routinely cross to the US - and you haven't been caught yet - then you should to pay attention to this article I found on HighwayStar magazine.

It discusses steps you can take to apply for a pardon which will remove (or erase) these records. Ah, if only I knew this before! The article also outlines the most recent costs associated with waiver applications and I did notice one interesting sentence about something called a 'September Letter' which the article claims is some sort of a permanent waiver. Wow, something new to investigate.

Can you claim the Petty Offence Exception?

2007-11-22T14:20:00.000-05:00

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be able to argue that you are entitled to the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all the following 3 statements:

he/she has committed only one CIMT;
he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed"; and
the offense of conviction carries a maximum possible sentence of one year or less.

I quickly 'Googled' but haven't found any offenses in the current Canadian criminal code which carry maximum sentences of one year or less (see this chart that I found). My original convictions (I had 2) were for "Theft under $1,000" which I was told carried maximum sentences of 6 months each (called a summary conviction offense). But the law has been updated to "Theft under $5,000" (thanks to inflation) which carries a maximum of 2 years.

I'd be interested to know if any of you qualify for the petty offense exception and whether or not you achieved it.

Crossing the border - have all of your documents?

2007-11-21T11:00:00.000-05:00

Although having a waiver does give you access to US travel it is of course still subject to the discretion of the border officer. On one occasion this was clearly stated to me by one officer (she appeared to be having a bad day) even though after close scrutinizing she did allow me to pass. This article from the Windsor Star points out that it might be a good idea to carry along a record of your conviction (read the complete article here). I've never been asked yet to show mine although I do keep all of these supporting documents with me every time I travel:

updated passport
I-194 waiver document
I-94 completed (or previously stamped for multiple entry)
completed customs declaration card
my travel itinerary showing proof of my return date
a copy of my criminal record

TN-1 Visa possible with a valid Waiver

2007-11-16T15:23:00.000-05:00

There's an interesting Q&A on a US Immigration Attorney's web site which responds to a Canadian's concern about whether or not he would be eligible for a TN 1 Visa even though he has a criminal record. You can read it here: Eligibility for TN Visa Status with Valid Waiver

For those who didn't know. A TN 1 Visa is suited for:

Canadian citizens with a bachelors degree and a job offer from a U.S. company
Canadian citizens in specialized occupations, such as scientists, engineers, programmers, research assistants, management consultants, social workers, and accountants
Canadian medical and allied personnel including dentists, dietitians, laboratory technologists, nutritionist, pharmacist, physical therapist, psychologist, registered nurses and veterinarians
Canadian companies to transfer employees to their U.S. parent, branch, subsidiary or affiliate without the 1 year foreign employment requirement in the case of
L-1 visa
U.S. companies to bring in qualified Canadian professionals for jobs that require a bachelors degree and specialized skills

Update

2007-11-15T10:49:00.000-05:00

I haven't posted in sometime so I thought it prudent to give you an update on my situation. In the last post I mentioned about an expectation of delays at Person. It appears this secondary screening now happens at most Airport border crossings. Whether you are subjected to it or not seems to be up to the official. It can be rather embarrassing if you are traveling with friends or colleagues because they'll move you to that secondary room and if busy - will keep you there until just prior to your flight.

ALWAYS make sure you are there well before your departure. I now give myself at least 2 hours prior to my flight. If I have a connection, I always make sure there is plenty of times. I've seen on a few occasions people in the secondary screening rooms actually miss their flights.

I've made approximately 12 crossings since my last post. I travel down to the US often for work. So much so that a lot of the officers actually know me by face now. This can help particularly if you show respect and you are prepared with you papers and are cordial. At the end of this month I'll be making my first crossing for personal reasons. My wife and kids are planning a holiday in the southern US states. I'll post about my experience at that time.

I get a lot of personal messages regarding application wait times. If you have recently received your waiver I would be interested in how long the process took for you. You can message me privately or in response to this post. Thanks and good luck.

Expect delays at Pearson

2007-07-03T10:06:00.000-04:00

The Customs and Border Protection at Pearson airport in Toronto have added extra screening for persons travelling with waivers. During my 2 most recent trips through Toronto I was handed a blue folder and told to head into the back office for extra screening. They don't seem to do anything different but the wait can be frustrating.

On the first occasion I had a tight connection and was held in that room for close to 45 minutes. About 10 minutes before my flight I was finally called. I went up to one of the officers and all he did was hand back my documentation and told me I could go. On the second occasion it wasn't quite as busy so I had the opportunity to ask the officer some questions. He didn't seem to agree with this new process. I asked him if this was just temporary and he said he wasn't sure. I asked him if they did anything different in here, he said no, but the feeling was that there was less of a chance they would miss something if things were processed in the back office. Not sure if this is the case at other airports but just a heads up - expect delays!

A statement template

2007-06-14T14:56:00.000-04:00

A necessary part of your application for a waiver of inadmissibility (I-194) is a written statement regarding the purpose of your intended activities in the US. A few people have told me that they suffer from writers block or are simply not sure about what to write when it comes to preparing their personal statements. I've taken my short statement and posted here as a template which I hope should get you started:

To whom it may concern: Please accept this statement regarding the purpose of my intended activities in the US. I primarily intend to travel to the United States as a representative of the company that I work for (name the company) where I am employed as a (describe your title). The purpose is most often for internal meetings, training and conferences. I also intend to travel to the US with my family for short vacations.

If you were refused entry to the US because of a criminal conviction you will have to submit a statement explaining the circumstances of each arrest, conviction and the sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counseling, current employment, marital status, community service, etc. While I can't post the particulars of my convictions here (they wouldn't help you anyway) you should remember to state when the altercation occurred and the particulars of each charge and conviction. You should also follow up with a paragraph about how much you've changed since then, or how you learned and are now a better person and will not re offend. You should also summarize with something about how your inability to travel to the US is causing you great financial strain, or other.

The preceding is what I used for my application (and it worked for me). That doesn't necessarily mean that it will work for you. Obviously use what I've provided at your own risk. My hope is that it will get you started.

Waivers of Inadmissibility

2007-06-03T22:00:00.000-04:00

There are several reasons why someone could be required to apply for a waiver of inadmissibility to enter the United States. My application was the result of prior criminal convictions but other possible waiver applications include:

Waivers of Inadmissibility on Health-Related Grounds (aliens who carry communicable diseases of significant public interest, this could include being HIV positive)
Waivers of Inadmissibility due to Fraudulent Misrepresentation (an alien who fraudulently procured a visa and exclusion would result in extreme hardship to a US citizen, spouse or parent of such alien)
Waivers of Inadmissibility due to lack of Proper Documentation, including valid passport, visa or border crossing identification (this waiver can be produced for an alien who does not possess a valid passport, visa or other border crossing identification)
Waivers of Removability for Unauthorized Work (The section supporting this waiver forgives violations such as acceptance of unauthorized employment, failure to maintain continuously a lawful status, failure to be in lawful nonimmigrant status when applying for permanent residence or violation of the terms of a nonimmigrant visa)
Waivers of Removability for Overstay (aliens arriving at a point of entry with a visa that has become automatically void due to an overstay may apply for a waiver under I.N.A. § 212(d)(4) in limited circumstances)

The application process for all of the above mentioned waivers are exactly the same which I've described in a prior posting (Recap - steps to getting your I-194 waiver).

Recap - steps to getting your I-194 waiver

2007-05-04T09:32:00.000-04:00

I thought it might be useful to briefly recap the steps needed to apply for the I-194 (advance permission to enter the United States) after being denied entry at the US border (you can read about when I was refused entry and my background here).

Find your local fingerprint office (call to see if you need an appointment). Bring your passport and $25 CDN. See this previous post for details.
Mail the C-216C form to the RCMP. Include a check for processing ($25 CDN). Refer to this post.
Wait up to 2 months for a reply... When you receive your completed C-216C from the RCMP ensure it includes the fingerprint chart with a date stamp and the documentation related to your conviction and disposition. See this post about when I received mine.
Complete a personal statement regarding your intended activities in the US.
If you are inadmissible because of a criminal conviction you must also complete a statement explaining the circumstances of each arrest, conviction and the sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counseling, current employment, marital status, community service, etc. Don't forget to sign and date your statements!
Complete the I-192 application form (you can get it here).
Fill out form G-325A (get it here).
Call the US Border Protection office to see if you need an appointment (here are some phone numbers for various locations).
Show up at the border protection office for your interview (bring $265 CDN). Don't forget to bring all of your documents! See this post for a checklist. And here is a post about what to expect at the interview.
Wait many months or more for your reply (mine took 9 months but some people have been waiting for 18 months or more). Good luck!

I've had my waiver now for over 5 months. Feel free to comment if any of the above information has changed or is incorrect. Thanks.

Got Multiple Entry!

2007-04-24T08:35:00.000-04:00

As some readers have pointed out, multiple entry cards are possible. On my last occasion going through security the officer, after reviewing my I-194 waiver and my I-94 asked if I travel to the US often. I said yes and to my surprise he said, "well, I'll give you a multiple entry so you don't need to fill out the I-94 each time. Is 6 months enough?"

The best part about this is it speeds up my processing (plus I don't have to prefill my I-94 each time I travel). See the enclosed document scan, I'm good until the end of September. Wahoo!

When Your Past Catches up to You

2007-03-13T16:08:00.000-04:00

This definitive article written by a Windsor law firm and published by the Ontario Bar Association on January 24, 2006 covers everything your lawyer needs on gaining you lawful admission into the US. You can read the entire article here (PDF).

There are a couple of interesting points. On page 5 for example, there is a piece under Crimes Involving Moral Turpitude (CIMT) called the US Petty Offence Exception:

Pursuant to the US petty offence exception, a non citizen may be determined admissible, notwithstanding a single CIMT conviction if three essential requirements are satisfied: (1) he/she has committed only one CIMT; (2) he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed"; and (3) the offence of conviction carries a maximum possible sentence of one year or less.

Unfortunately all 3 don't apply to me (I was convicted of 2 minor offences) but it is worth considering and might be a good reason to involve an immigration lawyer.

Also, another interesting point on page 8 under the section: I-192 Application for Advance Permission to Enter the US. It states,

When applying for an I-192 extension, a new RCMP Criminal Record Statement is not required - though the I-192 extension application must be supported by a current set of RCMP C-216C fingerprints.

I'm hoping that someone who has already gone through the process of reapplying for an I-194 can confirm/deny that this is the case.

The document also includes some additional correspondence which the law firm has had with various US officials. If you haven't already, read the entire article here (PDF).

Same border on either side

2007-02-28T13:05:00.000-05:00

Here's an interesting post about the American position on traveling to Canada with a criminal record.

The War on Terror hasn't caught many terrorists. But at the Canadian border, it's snagging thousands of tourists who are denied entry due to convictions decades ago for relatively minor offenses.

You can read the complete article here.

My waiver - Next steps

2007-02-24T11:31:00.000-05:00

Now that I have my waiver, I'm starting to consider what the process might be to renew it. Some questions that I will be pursuing:

Do I need to re do the C-216C and resubmit it to the RCMP for a date stamp and endorsement?
Do I have to request again the document from the RCMP showing my prior convictions?
Do I have to reappear for the interview with the US border office to complete the application I-192?
Will processing of the application be faster the second time?
Can I expect, based on my current waiver that the next one will be good for 5 years?

And some additional questions which are directed at my career aspirations:

With the waiver, can I apply for an L1 work visa?
Can I relocate to the USA?

I'll be focusing on finding answers to these questions. If you have any insight, please use the comment section of this post. Thanks

Proposed fee changes

2007-02-20T18:47:00.000-05:00

I stumbled on to an interesting article which could effect those applying for waivers. There is a proposal by the USCIS to increase the fees for processing.

For example, the I-192 application for advance permission to enter as a nonimmigrant is currently $265 US. The proposal would increase it to $545 US (a, $280 or 105.7% increase).

You can read the full article here: Proposed USCIS Fee Adjustments

Have waiver... will travel

2007-02-20T01:00:00.000-05:00

Today I landed in San Francisco. Another of the 6 trips to the United States that I have taken thus far with my I-194 waiver over the past few months. A couple of points from my experience:

Processing time is much slower now than in the past (specifically before I needed a waiver to travel to the US). Note: Make sure you arrive at the airport with extra time before your flight!
In my experience the officer always reads the waiver and cover letter in full (almost like it is the first time he/she has ever seen anything like it).
They almost never ask me questions about it (like, "what did you do").
I always present my waiver right away accompanied by the completed I-94. The officer enters what appears to be a novel into his terminal (I assume it is the details of where I am going and how long I am staying and file numbers).
They rarely ask me of my intended intentions in the US (in the past I used to get drilled every trip).
Besides the extra time required the process is very simple.

I would suggest that when you are at the airport, pick up a stack of I-94 forms and pre fill your form before your trip. In the experiences that I have had so far, the officer always limits my trip to a little over a week.

Good luck!

First trip to the US with my I-194 waiver

2006-12-07T02:32:00.000-05:00

This afternoon I entered the US for the first time in over a year. The border process was quite simple. The airport where I fly out of has US Customs pre-screening. I approached the Officer handed her my passport, declaration and explained that I have a waiver to travel. She reviewed the waiver and asked me to complete a another form (I-94).

Turns out that you will need to complete the I-94 every time you enter the US. It is an arrival and departure record. The Officer will give you an end date (when you need to be out of the US). When returning to Canada there is a section of the form that you will drop off with Canada Customs. You can read about it here.

After completing the form, she processed me and sent me on to my gate. Strangely, she never asked me what my intentions were to be on this visit (I was heading down to visit a friend).

9 Months - I GOT IT!!!

2006-11-09T23:16:00.000-05:00

It took just over 9 months since submitting my I-192 application and almost 12 months since my process started but today I finally received my I-194 US waiver!

For those of you that haven't gotten yours yet. Here is what it looks like: It comes on an ordinary letter sheet and includes a cover letter. The letter was dated November 3, 2006 and reads:

Your application for advance permission to enter the United States as a nonimmigrant has been been approved. Enclosed is a copy of form I-194. The terms and conditions are: You are granted multiple entries into the United States at various points of entry as a visitor for business/pleasure/employment for a period of stay to be determined by the admitting officer, provided that you are not inadmissible to the United States under any other section of the law other than Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, as amended.

VALID FOR FIVE YEARS FROM THE DATE OF APPROVAL.

This letter and the form I-194 must be presented to the Custom and Border Protection Officer when you make application for admission into the United States.

The actual I-194 includes similar information including my birth date, my employer, country of residence and under a section called 'Basis for favorable action': Humanitarian.

I'll be booking my first trip to the US in over a year shortly. I'll post more when that event occurs.

Over 6 Months and waiting...

2006-08-03T23:04:00.000-04:00

I'm patiently waiting for a response to my application (I-192) for my I-194 US waiver. It has been over 6 months since my interview at the Border Protection office and over 8 months since the entire process began.

Tip: Most Immigration Forms with descriptions can be found here on the USCIS web site in PDF format.

2 Months, 17 Days - The interview

2006-02-01T20:49:00.000-05:00

Today I went to the Border Protection office (at the airport) and submitted my application (I-192) for my I-194 US waiver (Advance Permission to Enter the United States).

The Officer reviewed my documents including my statements. He took a photo of me (another mug shot) using his webcam and then took me to a room where I was fingerprinted on to the FD-258 form. Afterwards he packaged up my application and placed it in another room (I assumed it was a mailing room). He told me the documents would be sent for processing in Minneapolis and that I should receive a response in about 6 months (gulp).

Finally, he took my credit card and charged me for my filing ($265.00 US). I received a receipt (form G-211) and then escorted out of the Border Protection office. The process lasted approximately 2 hours (about an hour was spent in the waiting room).

2 Months, 11 Days

2006-01-27T01:28:00.000-05:00

I called the Border Protection office today and an Officer advised me that they don't make appointments - just show up in person to submit the application. He reminded me to bring $265.00 (US), my passport, and the rest of the items from the checklist. Here it is again:

Completed and signed I-192 form
Form G-325A (get it here)
The completed fingerprint chart C-216C which was endorsed and time dated by the RCMP (see previous post on where to get this)
Canadian passport
The copy of my court record, conviction and disposition (which I received from the RCMP - see this post)
My personal statement regarding my intended activities in the US
A personal statement explaining the circumstances of my conviction

There was another requirement (FD-258, another fingerprint chart) but this is completed by the Border Protection Officer when I submit my application.

2 Months, 8 Days

2006-01-23T22:15:00.000-05:00

Today, after almost 2 months I received my C-216C! It included a cover letter which read:

Dear Sir/Madame, The enclosed fingerprints have been certified as being identical to the Fingerprint Section (FPS) file number: (and my file #). The information relative to this FPS file are being returned to you.

It also included the returned fingerprint chart with a date stamp and the document relating to my conviction and the disposition.

Now I'll complete my 2 statements and by early next week I will visit the airport and the Border Protection office to submit my I-192 application for the I-194 waiver.

2 Months

2006-01-16T21:13:00.000-05:00

It's been over 2 months now since I was found ineligible to the United States based on a 20 year old indiscretion. It's almost a month since I mailed my C-216C to the RCMP. Unfortunately I have yet to receive a reply.

Today I found some contact numbers for the U.S. Department of Homeland Security Customs and Border Protection office:

Montreal (514) 631-2097
Toronto (416) 929-6011
Winnipeg (204) 783-2206
Calgary (403) 221-1730
Edmonton (780) 890-4486
Vancouver (604) 278-3360

Here's an interesting article from the Edmonton Sun about another unlucky Canadian (and his family) being stopped at the border because of an age old minor criminal conviction. You can read it here.

Day 33

2005-12-17T21:24:00.000-05:00

Of note: I've discovered by reading multiple bulletin board threads that the I-192 is actually the application for the waiver. The actual waiver that I hope to receive is called the I-194. It comes in the form of a 2 page letter (8" x 11") and is valid for either 1 year or up to 5 years.

Day 30

2005-12-14T18:18:00.000-05:00

3 weeks since I mailed my C-216C to the RCMP and still nothing.

I've read on a few bulletin boards (like this one) that processing times for the I-192 are taking upwards of 10-12 months.

Day 10

2005-11-24T22:01:00.000-05:00

Today I mailed form C-216C to the RCMP. I included a check for $25.00 (the processing fee) and a letter explaining my situation and the need for the official court records form my conviction. In case you need it, the address for the RCMP:

PO Box 8885
Ottawa, Ontario
K1G 3M8

I sent mine Canada Post Xpresspost.

Day 8

2005-11-22T11:39:00.000-05:00

Today I called my local police department, located the fingerprint office and arrived during lunch to complete my C-216C. The process took a little over 15 minutes. They took my photo (mug shot), fingerprints and in return provided me with the completed form (C-216C) and the address of the RCMP location that I am to send it into. The processing cost $25.00. Don't forget to bring your passport!

The purpose of sending this form to the RCMP is so they can endorse and time stamp it. I will also request the copy of the official court record from my actual conviction. I learned that all municipal conviction records are eventually forwarded to the RCMP for storage. For me that conviction is 20 years old so I'm for a change, really happy they keep everything.

The guy at the fingerprint office told me that getting the endorsement and record from the RCMP can only be done by mail. The reply should come in within 3-4 weeks. Here's hoping.

Day 7

2005-11-21T21:14:00.000-05:00

Check list for I-192 Application for Advance Permission to Enter the United States. All listed items below must be provided at the time you present yourself for fingerprinting by the US Customs and Border Protection Service:

Completed form I-192 signed and submitted by you (no copies - download it here)
Fingerprint chart FD-258 (this will be done at the time you submit your application by a US Customs Officer)
Form G-325A completed and signed by you (download it here)
Completed fingerprint chart C-216C

contact the RCMP or your local police department for fingerprint locations
you'll need to send this to the RCMP to be endorsed and time dated
once returned, you will need to submit it as an original

Your passport proving that you are a Canadian citizen
A statement regarding the purpose of your intended activities in the US (e.g. business, vacation, etc)
A copy of the original court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world
If you are inadmissible to the United States because of a criminal conviction, you must submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction and sentence imposed. Additionally, you should submit any evidence or explanation of your reform or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service, etc.

Day 4

2005-11-18T14:26:00.000-05:00

I've heard incredible reports form certain bulletin boards that processing time for the I-192 waiver can take 12 months plus. God I hope not!

Feels extremely strange being 'banned from the US'. Sort of like a party and everyone is invited except for you. Rules out opportunity for winter holiday travel to Florida which isn't making my wife happy.

Also, if this process continues too long I may have to let my employer know. I'm certain that they would be supportive but also very aware that it could damage my ability to be promoted.

Day 2

2005-11-16T13:59:00.000-05:00

In order not to jeopardize my career in anyway, I've decided not to tell my employer about what happened while I was applying for my visa. Instead, I've decided to decline the new position.

In my current position, my US travel is pretty much self directed so I could probably hold off on US travel for a few months while I sort out this waiver situation.

Today I downloaded the application for the I-192 waiver here.

First Post - Day 1

2005-11-15T10:11:00.000-05:00

Hello. I'm a Canadian who works in the High Tech industry. I've done so for the last 15 years. I'm in my early 40s and my job requires frequent travel to the US. On average I spend between 30 to 50 days in the US per year. While considering a new management role, I was asked by the company I work for to apply for a US work visa (an L1B). Thinking that this was a good opportunity for advancement, I went ahead and applied for the visa.

The process involved my company's legal department drafting up some papers. While traveling to the US on one occasion I arrived at the airport early to submit my application and have my interview. Strangely for me, at one point during the interview the officer left the room briefly. He returned to ask me if I had ever had a criminal record. I did, I had been involved in delinquent activity when i was 18 and unsuccessfully tried to steal a car stereo. It was considered theft under a $1,000. I paid a small amount of restitution and was on probation for 1 year. Afterwards, I went to college, straightened out my life and never looked back... until now.

The officer informed me that with a criminal record, not only could he not process my application for the work permit, but that I would now be inadmissible to the USA - FOREVER! In order to return, I would need to file for a waiver. The waiver is called an I-192. It would permit me to travel to the United States for business and leisure for short periods of time.

This blog is about my experience of applying for and hopefully receiving that waiver. I hope my experience will help others as I plan to post often.