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 )
- certain explosives and firearms crimes (see , , and )
- "crimes of violence," as defined in , 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 et seq.)
- certain child pornography crimes (see )
- 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
- 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
I'm in the process of applying for my 3rd US Waiver, I've received 2 one year waivers in the past. To my surprise when I went to get my fingerprints done for the C216C form it was all done electronically through the office I went to (International Fingerprint Services Canada - www.policecheck.com).
ReplyDeleteAlso when I received a response from the RCMP, I was surprised to find a different form tan the normal C216 form that I've received in the past. Now it is a single sheet with my picture in the centre and imprints of my left and right thumb and index fingerprints. It also had an RCMP impression stamped into the lower right corner of the page.
From what I can understand from the RCMP website this is their new practice to streamline the process of fingerprint identification. (see the 'April 1, 2008' section of this page; http://www.rcmp-grc.gc.ca/rtid/report_may2006_e.htm ). I really hope that Homeland Security is up on this as well because I don't want to send this in with $500+ only to find out they were expected my C216C.
Does anyone have any information on this change to ease my concerns?
Some information that I wanted to share with everyone caught up in this insane process.
ReplyDeleteAs of yesterday, I have been informed by the para-legal firm that I contracted for this application process that;
"According to the Department of Homeland Security, waiver applicants looking for status who filed at land border ports of entry prior to August 26, 2007 should call that port directly and if you filed at Toronto Airport, the contact info is:
Toronto Preclearance
Lester B. Pearson International Airport
P.O. Box 115
Toronto AMF
Toronto, Ontario, Canada L5P 1A2
Port Director
Phone: 905-676-2606"
I trust this info will be useful for some.
Best Regards,
RPS
P.S. - I am still watching for news updates on the Canadian teacher in Indiana.
konadag:
ReplyDeleteThanks for the link to IFS - this seems a much better approach for getting an RCMP CRC than going to the local cop shop, and then mailing the fingerprint charts to the RCMP with a lengthy wait for a response. I'm also interested to know if the DHS will find this new form acceptable. I did the old route last summer when they needed a up to date CRC from me, and the guys at the Queenston-Lewiston crossing looked at the stamped C216 form I had, which was apparently in a new format, like it had come from outer space. You'd think they'd be more up to date on this stuff - I guess their superiors don't do a good job of providing them with updated information.
rps:
ReplyDeleteWhat's the DHS contact for waiver application status for waivers filed after that date? Any idea? Not that getting the status of your application generally does you any good - the process moves in its own good time, and they'll let you know if they want something more from you.
In response to your question re: the DHS contact for waiver application status for waivers filed after August 26, 2007, ry YYZ, I believe that would be the DHS email address posted previously in a comment elsewhere in this blog "INQUIRY.WAIVER.ARO@DHS.GOV".
ReplyDeletePerhaps if any other reader knows of any other contact info for inquiring on the status of a waiver application, they would be kind enough to post that info here as well.
Thanks,
RPS
I filed a couple of weeks ago at the Halifax airport pre-screening office with the new fingerprint form and they were totally aware of the new format. No problems.
ReplyDeleteRemember that you need your A-Number along with your full name and DOB for any inquiry to the above mentioned email address.
This is a good website for getting your waiver completed right away:
ReplyDeleteUS Waivers For Canadians