US Waiver for Canadians

I was fortunate to receive my pardon just before our current government decided to have the Parole Board of Canada (PBC) re-introduce 'pardon' as 'record suspension' and the subsequent user fee hike from $150 to $631. Anyone who filed before the changeover took effect, was given the option of waiting in cue for the originally requested pardon, or withdrawing his or her application and submitting a new request for a record suspension. Com'on, who in their right mind would do that? Well as it turns out, this may have been a worthy strategy for some.  First, PBC made a decision to process only pardon applications for summary offences in the backlog (indictable offences are not being processed) . Second, because of the full-cost recovery model (the $631 user fee) the Board felt it more appropriate to give priority to the higher paying record suspension applications. Initially scheduled to be cleared by March 2014, the backlog of original pardon applications is mo...

Through international agreements, the RCMP shares criminal records information with foreign authorities who may register this information in their databank. A pardon / record suspension allows people who were convicted of a criminal offence, but have completed their sentence and demonstrated they are law-abiding citizens, to have their criminal record kept separate and apart from other criminal records (sometimes known as a sealed record) . This means that any search of the Canadian Police Information Centre (CPIC) will not show that you had a criminal record, or that you were issued a pardon/record suspension. Many foreign countries, including the U.S., do not recognize a Canadian pardon / record suspension. If you have been convicted of an offence, you may still be refused entry into the U.S., even if you have since been granted the pardon in Canada. If you are renewing a waiver or completing a new I-192 application, you will need to request a copy of your pardoned criminal r...

Great news, today I've started a new bulletin board for discussions centred around Canadians who are denied entry to the US and who are embarking on the I-194 waiver application process. It's a community contributed forum so feel free to post and reply. The backend is built using NNF (NoNonsense Forum) and is ideal because you don’t have to go through registration and e-mail confirmation to post. It's also semi-anonymous (you are not required to share any person information) . Check it out: I-194 Waiver Forum

Recap from the CBP Info Center: 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. When you apply for a waiver, you should indicate whether or not you need it 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 sa...