US Waiver for Canadians

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...

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...

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. Update: See  I-192 Waiver Application Process