US Waiver for Canadians

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Starting in 2014, Canadians and Americans could be required to present a passport or enhanced drivers license when entering Canada. In a move to bring further alignment between US and Canadian border legislation, the proposal could also introduce entry and exit tracking. Canadian newspaper Embassy : Citizenship and Immigration Canada plans to introduce new legal rules that would force Canadians and Americans to present authorized travel documents such as passports when entering Canada, according to departmental notes. ...A system to track entries and exits from Canada is being set up by the CBSA, and the document notes that the immigration department’s legislation will support this system. Article:   Border law will demand travel docs from Canadians

US Customs and Border Protection have set up an info center website that includes a section with answers to some often asked questions regarding general travel to the US. You can ask specific questions by clicking on the "Ask a Question" button or browse recent responses using the simple "Find an Answer" form. For instance, if you type in " waiver " you'll find relevant responses to questions regarding waivers, eligibility and inadmissibility. Here is a question and response from July 26, 2012 that reads: " Entry into the U.S. - Canadian with criminal record or overstay, waiver ". There is a lot of material already on the site and it seems to be updated often.

Interesting flow chart which provides simple steps to determine if you're inadmissible to the US. I noticed the section on tax evasion and was unaware that such criminal convictions could not be waived. Conrad Black  with help from his attorney successfully fought the charge of tax evasion but was ultimately found guilty of mail fraud and obstruction of justice. I assume these are crimes which will allow him to eventually process an I-192 waiver application. (flow chart source: immigroup.com )

This post is intended for non-Canadians attempting to enter Canada with a criminal conviction. Citizenship and Immigration Canada has an FAQ for visitors to Canada which includes a section called "Overcoming criminal inadmissibility". Can I enter Canada if I am found criminally inadmissible?   Normally you cannot enter or stay in Canada if you are inadmissible. However, there are ways of overcoming your criminal inadmissibility. If you are inadmissible, you may become admissible again if you: satisfy an immigration or border services officer that you meet the legal requirements to be deemed rehabilitated ; apply for individual rehabilitation and get approved; or receive a pardon or record suspension . You may also be offered a temporary resident permit if your reason to travel to Canada is justified in the circumstances; and you do not pose a risk because of your inadmissibility. Visits considered justified could include family emergencies or busine...

If you have a criminal record and travelled to the US, have not yet been denied entry, be prepared for the inevitable. Do yourself a favour and don't go back until you have successfully received a record suspension (formally called a pardon) . See my previous post on Record Suspension which includes a link to the Parole Board of Canada's guide. If you have only 1 conviction, there is good news, you may not be inadmissible. See my previous post on claiming the petty offense exception . In this case, depending on your circumstances, it might make sense for you to retain an attorney or lawyer. If you are unsure about whether you will be denied entry because of your particular conviction, be sure to check out this PDF defining "morale turpitude".

When weighing their decision on a waiver application the Admissibility Review Office (ARO) must take into consideration these 3 factors: The risk of harm to society if the applicant is admitted; The seriousness of the applicant's immigration or criminal law violations; and The nature of the applicant's reasons for wishing to enter the U.S. In addition to these factors, the ARO can also consider the following: The nature of the offense; The circumstances which led to the offense; How recently the offense occured; Whether it was an isolated incident, or part of a pattern of misconduct; Evidence of reformation or rehabilitation. This builds on my previous posting about intent: Be clear about your intent . Something to consider while completing your waiver application.

Are police revealing too much in criminal record checks? According to the The Canadian Civil Liberties Association ( CCLA ) they certainly are. CCLA released a report Monday which accuses police of disclosing “non-conviction” information including withdrawn charges, acquittals and complaints to police where charges were never laid.  The report highlights the discrimination that can be faced by people who – in spite of the fact that they have never been convicted of any crime – may be refused employment, volunteer positions or travel permits due to their police record. Many individuals are not aware that this type of information is disclosed in police checks. Moreover, unlike formal criminal records, which are governed by federal legislation, procedures for removing non-conviction information from a background check are often unclear, unfair and convoluted. source: Presumption of Guilt? Don't forget that all of this information is stored in CPIC ...

The border agent always has discretion, no matter what papers you hold, if you are not a US citizen. The only people who are guaranteed entry into the US are US Citizens. Be sure to have proof of your ties to Canada when you attempt to enter the US, so that there's no room for belief that you will overstay in the US. If asked, you should demonstrate your intent to return home by showing things that would compel you to leave the United States at the end of your temporary stay: a return ticket; a job or enrolment in an academic program in Canada;  addresses of family members living in Canada; substantial property holdings such as a mortgage; or money in a local bank. There is no distinct group of documents that you must present to the border officer or set of circumstances that will guarantee entry, but the facts of your case must be convincing. The law places the burden of proof for meeting this residence abroad requirement on you.

When completing your waiver application you must state intent: A statement regarding the purpose of your intended activities in the United States, e.g. vacation, business, etc. Be sure to indicate whether or not you need the I-194 for pleasure or for business, or for both. In either case, you must clearly explain the basis for the request. If your waiver does not say it is valid for a particular purpose (i.e. business travel) , it cannot be used for that activity, and you will have to apply (and pay for) a new waiver issued for the other activity.  For instance, if you occasionally travel to the U.S. for pleasure, but also have other travel for work or business - your letter requesting the waiver should say something along the lines of  "My purposes for travel include pleasure (B2) work (specify H1B, P or whatever other status you may want to utilize) and/or for business (B1)".

Found this interesting: A single DUI conviction is not grounds to deny entry into the U.S; however, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make you inadmissible and require a waiver prior to entering the United States. A  crime of moral turpide (CIMT) may be grounds to deny entry to the U.S. Source:  Admission to the U.S .with either a misdemeanor or criminal record

Back in early summer while sitting at the pre-clearance facility, waiting to process my waiver application renewal, there sat next to me a gentleman who told me he had retained an attorney to compile his application. He seemed no more prepared (probably a little less) than I was for he discovered that he was missing certain documents. There would seem to be as many attorney / immigration lawyer's offices offering I-192 waiver application assistance as there are online university degree programs. Just do a quick Google search and you'll see what I mean. I suspect many people don't understand just how simple it is to compile your own waiver application. So if you did retain an attorney: What was the cost? Why did you select this particular attorney? Was it worth it? Will you retain an attorney for your next waiver application? As someone who is waiting for a decision on his second self-compiled waiver, I am in no way advocating people 'lawyer up', although...

You may file for an I-194 waiver in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. Ensure you have completed these steps in your  I-192 waiver application process . List of land border crossings: Portland Port of Entry 312 Fore Street Portland, ME 04101 Phone: (207) 771-3600 Fax: (207) 771-3608 Houlton Port of Entry 27 Customs Loop Houlton, ME 04730 Phone: (207) 532-2131 x 0 Fax: (207) 532-4153 Fort Fairfield Port of Entry 4 Boundry 4 Line Road Fort Fairfield, ME 04742 Phone: (207) 473-7474 Ft. Kent Port of Entry 401 West Main Street Fort Kent, ME 04743 Phone: (207) 834-5255 Van Buren Port of Entry 137 Bridge Street, P.O. Box 146 Van Buren, ME 04785 Phone: (207) 868-3391 Madawaska Port of Entry 63 Bridge Avenue, Suite 101 Madawaska, ME 04756 Phone: (207) 728-4376 x 0 Calais Por...

You must travel with your I-194 Waiver at all times, and losing it can be quite costly and time consuming to replace. You will need to submit an I-824 with an explanation as to why you need a replacement for your I-194 Waiver document. It will also cost another $405US for the replacement fee of the I-194 waiver, in addition to the $585US that was already paid when you submitted your I-192. As you can see, this is quite a hassle, as well as costly. It is imparitive you keep your I-194 in a safe place and you travel with it each and every time you cross for the duration of your waiver. It will not remain in the system that you have been approved, and you need the I-194 to travel or you will likely be denied and turned away at the border with instructions to obtain a replacement. Your I-194 waiver document must be valid when applying for a replacement document of course, and if you have less then 6 months left before your waiver expires, you may want to consider resubmitting a...

I've never tried, but apparently there is an email address to check your waiver application status. CHECKING THE STATUS OF YOUR WAIVER REQUEST: Please allow at least 120 days from the date of submission of your I-192 before making an inquiry about the status of your application. As stated earlier, a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. However, if for some reason you are concerned about the status of your request, and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007 you may ask for an update by emailing inquiry.waiver.aro@dhs.gov . In the email, be sure to provide your full name, DOB and your A number. If you filed at a land border port of entry prior to August 26, 2007, please contact them directly. Phone numbers are on our Web site. Attorney inquiries: attorneyinquiry.waiver.aro@dhs.gov If you have submitted an application and you have had a chang...

In early 2012, the Canadian Government made sweeping changes to the Parole Board of Canada via the ' The Safe Streets and Communities Act' (Bill C-10) . As of March 13, 2012, the term "pardon" was been replaced with "record suspension". Click here for changes to eligibility . My update. I started my Pardon (Record Suspension) process through a third-party service  Pardons Canada back in February, 2010. The actual application was filed by them to the Parole Board (PBC) in March, 2011. So it's been about 18 months since filing and I've still not received my response. Back in June, I wrote to Pardons Canada for an update and they responded: Your Pardon application has been with the Parole Board of Canada (PBC) since March 3, 2011. The file is no longer in our hands. We are now waiting for the PBC to give their final approval. Please be patient as there are delays due to changes of legislation to the Pardon rules. Please click here www.pardo...

Here's an updated list of preclearance locations across Canada. Calgary Preclearance Calgary International Airport P.O. Box 155 2000 Airport Road, Northeast Calgary, Alberta, Canada T2E 6W5 Port Director Phone: (403) 221-1634 Edmonton Preclearance Edmonton International Airport 2345, 1000 Airport Rd Edmonton, Alberta, Canada T9E0V3 Port Director Phone: (780) 890-4515 Halifax Preclearance Halifax Robert L. Stanfield International Airport Level 2 1 Bell Boulevard Enfield, Nova Scotia, Canada B2T 1K2 Port Director Phone: (902) 873-7780 Montreal Preclearance Montreal Trudeau International Airport 975 Romeo Vachon Boulevard, North Room TT 2.400 Dorval, Quebec, Canada H4Y 1H1 Port Director Phone: (514) 636-3875 Ottawa Preclearance Ottawa MacDonald-Cartier International Airport 1000 Airport Road, Private Ottawa, Ontario, Canada K1V 9B4 Port Director Phone: (613) 523-8120 Toronto Preclearance Lester B. Pearson International Airport P.O. Box 11...

A not very scientific poll about processing times. Thanks for your input. <a href="http://polldaddy.com/poll/6506614/">How long did it take to receive your I-194 waiver?</a>