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 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)".
To reapply for a waiver, you will need to repeat the steps that you took with the first application, including obtaining a copy of your fingerprints from the RCMP (although if your most recent set will be less than 15 months old when you re-file the Form I-192,* you may use that set), and providing copies of all your court documents. We also suggest you provide a copy of any previous CBP decisions, including a copy of the waiver document. If you need to request the waiver for a purpose other then what you requested in your original application, be sure to highlight the change, or addition. If you provide a complete application, our review can usually be done more quickly than our original one.
*Note: Address for Admissibility Review Office/U.S. Customs and Border Protection, 12825 Worldgate Drive, Herndon, VA 20598-1340.
https://help.cbp.gov/app/answers/detail/a_id/1076/kw/waiver
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 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)".
To reapply for a waiver, you will need to repeat the steps that you took with the first application, including obtaining a copy of your fingerprints from the RCMP (although if your most recent set will be less than 15 months old when you re-file the Form I-192,* you may use that set), and providing copies of all your court documents. We also suggest you provide a copy of any previous CBP decisions, including a copy of the waiver document. If you need to request the waiver for a purpose other then what you requested in your original application, be sure to highlight the change, or addition. If you provide a complete application, our review can usually be done more quickly than our original one.
*Note: Address for Admissibility Review Office/U.S. Customs and Border Protection, 12825 Worldgate Drive, Herndon, VA 20598-1340.
https://help.cbp.gov/app/answers/detail/a_id/1076/kw/waiver
I am ready to reapply for my second waiver, I am just using the same paper work changing dates. I am just alittle worried as I am applying for a pardon also and not sure how I will renew again in the future since my record will be sealed. If anyone has gone through this please shedcsome light on the steps you took to gain waiver with a canadian pardon
ReplyDeleteThanks
For your future application, follow the same procedure but include a "copy" of the official pardon in-place of the court records (since these will not be available). I did this with my second, third and fourth application.
DeleteJust to clarify, an I-194 Waiver is the official document received when an I-192 application form is approved by the Admissibility Review Office.
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