US Waiver for Canadians

Great news! Today in the mailbox, just 3 months and 2 weeks after submitting my I-192 application with a Saturday interview at the Ottawa pre-clearance facility, I received my renewal (my second 5 year I-194 waiver) . This second 5 year waiver once again allows me to travel to the US for business and pleasure (B1/B2) for a maximum period of stay as determined by the admitting officer (the CBP officer on entry) . Have waiver, will travel! See updated information about renewals:   I-194 waiver renewal recap

I've been overwhelmed with inquiries about my waiver application hand-hold service since it was relaunched a few weeks ago. If you've inquired, thank you for your patience. I will respond as quickly as possible.

Found article: Should a Criminal Record Be A Deterrent to Hiring? According to the National Employment Law Project, nearly 65 million Americans have some variety of criminal record.  That's roughly 1 in 5 Americans, significantly higher ratio than Canada's (approximately 1 in 10 Canadian's have a criminal record).

I asked a question about NEXUS (frequent traveller program) at the CBP Info Center and received a response in about 3 days.  As a Canadian with a criminal record, if I have an I-194 waiver, can I apply for and be granted a NEXUS card? Thank you for contacting the CBP Info Center. If you have a waiver, it is unlikely that you will be eligible for NEXUS membership based off of the general eligibility requirements and checks (ie: criminal background check).

My first waiver was issued for 1 year. Can I expect a 5 year waiver for my renewal? How can I get a 5 year waiver? As a general rule, the first time U.S. Customs and Border Protection (CBP) grants a Waiver of Inadmissibility, the waiver is good for one year, although - depending on the offense that makes you inadmissible into the U.S. and when it occurred - it may be issued on a more restrictive basis - for as little as a single entry. By regulation (8CFR 212.4 (3)(iii), a waiver may be valid for a maximum of five years. When you reapply for a waiver - again depending on the details of your offense - it may be granted for a longer period of time then the original. In making this decision, CBP considers the recentness, seriousness, type of offense, number of offenses, and credible evidence on your willingness and ability to sustain a rehabilitated status. source:  https://help.cbp.gov/app/answers/detail/a_id/1076/kw/waiver%20renewal

Question: Do I need to re do the  C-216C  with fingerprint chart and resubmit it to the RCMP for a date stamp and endorsement? Answer: Yes, for each renewal, you will have to resubmit C-216C to the RCMP. You can now file electronically at many of the accredited fingerprinting agencies throughout Canada that utilize the Canadian Real Time Identification Services Division ( CCRTIS ). Processing time by the RCMP if electronically filed is  dramatically reduced .

Having lost access to the US because a criminal conviction or an overstay can be quite stressful to career and family life. I know first hand, because it happened to me. I was denied entry to the US back in 2005 after years of successful US business and family vacation travel. It was a shock to learn that a couple of age old criminal convictions (2 very bad decisions from my late teens) had come back to haunt me. After I was denied entry, I learned that my criminal record was downloaded from CPIC into the DHS and FBI database systems. The result was that I would now be inadmissible to the USA - FOREVER! Well almost... In order to return, I would need to file for a document called a 'waiver of inadmissibility'. This waiver (an I-194) would essentially negate my inadmissibility, once again allowing me to work, visit or even live in the US. In November of 2006 I received my first waiver which was valid for 5 years. Filing for a US waiver is an administrative and dau...

From wikipedia:  The Canadian Police Information Centre (CPIC) is the central police database where Canada's law enforcement agencies can access information on a number of matters. It is Canada's only national law enforcement networking computer system ensuring officers all across the country can access the same information.  So how does it work? The first step A criminal history file is created the first time an individual is charged by police. In most cases, it will be reported by the charging police service to the Canadian Police Information Centre (CPIC), a central database. It is supposed to be destroyed by CPIC after five years if there is no disposition in the case. After a conviction If the charge results in a conviction, a permanent file – a "criminal record" – is created. Cases where there is an acquittal, or charges are stayed or withdrawn, also remain in the national system and, depending on the nature of the case, are purged after a set amount of time...

So you've returned home from a trip to the US to discover that the little I-94 card is still attached to your passport.  If you departed by a commercial airline, your departure from the U.S. can be independently verified, and it shouldn't be necessary to take further action BUT, holding on to your outbound (from the U.S.) boarding pass can help facilitate your reentry next time you come back to the United States. If you departed by land, private vessel or private plane, you will need to take steps to correct the  record . If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your waiver may be subject to cancellation or you may be returned immediately to Canada. So what can you do? If you f...

Still waiting for your criminal record check? The RCMP has provided an email address for which you can check the status. Email civilnps@rcmp-grc.gc.ca providing ONLY the following information: Your full name Your date of birth Type of application you submitted – (Vulnerable Sector Check, Criminal Record Check) Date your application was submitted to the RCMP Daytime phone number where you can be reached on weekdays source:  http://www.rcmp-grc.gc.ca/cr-cj/app-dem-eng.htm

This is an exert for a document detailing the TECS system. This reference may help individuals better understand the process and systems by which assessments are made when attempting to enter the US. The TECS (not an acronym) System is the updated and modified version of the former Treasury Enforcement Communications System. TECS is owned and managed by the U.S. Department of Homeland Security’s (DHS) component  United States (U.S.)  Customs and Border Protection (CBP).  TECS is both an information-sharing platform, which allows users to access different databases that may be maintained on the platform or accessed through the platform, and the name of a system of records that include temporary and permanent enforcement, inspection, and operational records relevant to the antiterrorism and law enforcement mission of CBP and numerous other federal agencies that it supports. How TECS is utilized: Individuals traveling to the US are requir...

These two should have read my blog. After all, there is a much easier way to get into the US.  See article: US nabs pair trying to sneak across border .

Wait times for a criminal record checks seem to have been getting much better particularly if you use the electronic fingerprint submission. RCMP recently updated their site for processing times. I received my most recent criminal record check in about 8 business days after it was electronically submitted through Morpho in Ottawa. source:  http://www.rcmp-grc.gc.ca/cr-cj/time-temps-eng.htm