Reference: Guide to U.S. entry

Note: this is an update on the process of determining and obtaining an I-194 waiver of inadmissibility.

How can a Canadian citizen apply for a waiver to enter the United States if they have been or are likely to be denied admission either because of their criminal history or because they overstayed a previous visit?

There are many reasons a person may be ineligible to enter the U.S. The legal descriptions are lengthy and complex, so to help you understand them, I am providing a general description of the most common ones. This list should not be taken as a complete list of reasons to be excluded from entry. In general, you might be denied entry if you have a communicable disease, if you have a criminal record for crimes of moral turpitude (age 18 or older), for possession of or trafficking in a controlled substance, if you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category), if you have trafficked in persons, been involved in money laundering, might become a public charge because of limited financial resources, have been previously removed (deported) or have overstayed a previous period of admission to the U.S. Again, this list is not comprehensive and you should use the above link to read the complete list.

The list of crimes of moral turpitude that are reasons for exclusion from the U.S. is also quite detailed. The most common types of crimes involving moral turpitude that would make you inadmissible are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud. At this time, driving under the influence, breaking and entering, disorderly conduct and simple assault are not considered crimes that make a person inadmissible to the U.S., although if there are multiple convictions and or other misdemeanors, you could be denied entry.

Depending on the reason for your inadmissibility into the U.S., and if you are a class of nonimmigrant where a visa is not required (e.g., most citizens of Canada), or you are a nonimmigrant with appropriate documents who subsequently becomes admissible, you may be eligible to apply in advance of your travel directly to Customs and Border Protection (CBP) for a temporary waiver of inadmissibility. The waiver application process can be lengthy (up to a year) and there is a cost of US $585.00 per application regardless of the decision on the application. Payment must be with a certified check in U.S. funds drawn on a U.S. bank for the $585.00 application fee (some locations also take credit cards - check with your port of entry or pre-clearance location).

The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA], is on the U.S. Citizenship and Immigration Service Web site (Form I-192), as well as instructions for filling it out. This form should be filed with CBP if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation).

If you are an applicant for T nonimmigrant status or an applicant for U nonimmigrant status and you are inadmissible, you should file your Form I-192 with U.S. Citizenship and Immigration Services.

Landed Immigrants and certain Canadians who require a visa (e.g. for E, K, or V status applicants) to enter the United States, but are ineligible for one of the reasons previously mentioned should contact a local United States Consulate to discuss their situation. Likewise, citizens of other countries may discuss waivers of ineligibility with a consular officer if they are likely to be denied entry for one of the previously mentioned reasons. Consular officers may recommend a waiver for certain ineligible visa applicants.

You will need to apply for the waiver at either a major Port of Entry (POE), at the U.S. Border or a Pre-clearance office in Canada. Your application package must include the following:

NOTE: It is advisable to contact the POE or Pre-clearance location before you visit to confirm what paperwork is required for your specific case.

• Completed form I-192 signed and submitted by you (no copies). If you retained an attorney to file this application, counsel must complete form G-28.
• U.S. Fingerprint chart FD-258. This fingerprint chart will be completed by a U.S. CBP Officer at a designated location when you come in person to submit the application, or - if you have mailed the application, instructions for obtaining it will be given to you after the rest of the application has been received.
• A Form G-325A, completed and signed by you. Please ensure that all copies of this form are legible.
• Each application, regardless of the ground of inadmissibility, must be accompanied by a copy of an official police record or evidence that no record exists, from you country of residence or nationality. Canadians: You can obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. Please contact your local RCMP office or police agency for fingerprint locations. Fingerprints will be taken and sent electronically to the RCMP. For instructions, addresses and payment information, please visit the RCMP Web site. There is a fee in the amount of $25.00 (Canadian). The RCMP will send you a letter that should then be submitted to CBP when you submit your waiver application. Do not submit the application until you have obtained the documents from the RCMP - incomplete packages will not be processed.
• If you have a criminal file in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.
• Evidence of your Citizenship.
• A statement regarding the purpose of your intended activities in the United States, e.g. vacation, business, etc.
• A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.
• If you are inadmissible to the United States because of a criminal conviction, you must submit a statement in your own words, signed by you, explaining the circumstances of each arrest, conviction, and sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service etc. or any other information you wish to be considered and you believe strengthens your request.

If you have been found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act (unlawfully present in U.S.) please submit detailed information regarding:

• Current foreign employment.
• Previous U.S. employment.
• Family members presently living in the United States.
• Past and current U.S. and/or foreign business investments.
• Any and all ties you have to your present foreign country/residence.

Note:  NOT all Ports of Entry are able to process applications for waivers. Here is a link to the most updated list of pre-clearance locations.

Wait times currently are anywhere from 3-12 months. Good luck!