US Waiver for Canadians

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 t...

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, engagi...

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.

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.

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.

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. Update: recent post about the September Letter

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 "T...

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

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 p...

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...