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Showing posts from December, 2014

US entry Automated Passport Control program

This month, US Customs and Border Protection introduced their new Automated Passport Control (APC) kiosks at the Edmonton Airport pre clearance US entry facility. The new kiosks are intended to expedite the entry process by eliminating the need to fill out the blue paper customs declaration form. US and Canadian passport holders and international visitors from Visa Waiver Program countries are eligible to use APC kiosks. The kiosks can even be used by more than one person at a time, if they live at the same address. There are five steps to the automated process: scan your passport, take your photo using the APC kiosk, answer the customs declaration questions using the touchscreen, collect your receipt and proceed to a USCBP officer to complete the process. APC is a free service and does not require pre-registration or membership. If you are an I-194 waiver holder and used the kiosk, please leave a comment about your experience.

US entry waiver help

Just a reminder about this free and indispensable US entry waiver resource. Held each Wednesday at 12pm eastern, immigration legal expert Laurel Scott hosts a live chat. I took advantage of the most recent session and asked the following with regards to a question I had about my inadmissibility: canadianwithwaiver: First, thanks in advance for your support. Canadian with 2 criminal convictions (both theft under $1K) who travels to the US with an I-194 waiver. I found the following on state.gov about how ARO accesses admissibility. Specifically: "if you have more than one conviction, CIMT or otherwise for which the aggregate sentence was more than 5 yrs, you are inadmissible.” The combined for my summary convictions is 1 year although as stated, I have 2 convictions. So my question is: is the determination of inadmissibility based on more than 1 CIMT or is it based on the aggregate of those sentences? I am trying to determine if I might be eligible for something called a Septem...

US border crossing? There's an app for that

Yesterday US Customs and Border Protection (CBP) released an app to help travellers cross the border more quickly and easily. Initially available for Android and iOS, the CBP Border Wait Times app provides estimated wait times and open lanes status. Aiming to provide a bit of holiday relief for Canadian travellers', the app breaks down those wait times at each crossing by lane type (Standard, Sentri, FAST, Ready Lane, Nexus, etc.). Finally, using the smartphone's GPS, the app can also locate your nearest port of entry and best route to the border. The Android version is available in the Google Play Store The iOS version for iPhone, iPad and iPod can be found in the App Store

CBP Advisory: Beware of phishing scam

U.S. Customs & Border Protection (CBP) placed a notice recently on their Info Center site about a phishing scam. What's a phishing scam? Here's the description on  wikipedia : Phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication. In this particular scam, the perpetrators are emailing or calling pretending to be CBP and asking for ATM or credit card info. CBP posted the following to keep in mind and avoid being scammed: CBP does not generally call anyone concerning consignments, monetary instruments (checks, money orders, cash, lottery, inheritance, ATM cards, etc.), that are allegedly being held. CBP Officers do not threaten people to make payments of any kind, so if you get a call like this it is a scam. CBP does not send unsolicited emails to anyone for anything. The only exception is if you have sent an...

Got waiver? Great, now you can move to the US

I contacted the CBP Info Center recently regarding an opportunity I'd been given by my employer to temporarily relocate to California on a project. Although I subsequently turned down the offer, I did receive a positive response from CBP around the issue of US relocations. My question was submitted as follows: I am a Canadian citizen with a Canadian criminal record, currently holding my 2nd waiver of inadmissibility (I-194) which clearly states that I am approved to travel both personal (B2) and business (B1). Recently, the company I work for has approached me to temporarily relocate for a position in the USA.  My question is: with my current waiver, am I eligible to apply and be potentially be approved for an L-1A (Intracompany Transferee Executive or Manager), or would I first have to re-apply for a I-194 waiver stating intention of this new visa? It took approximately 5 business days for the CBP Info Center to get back to me with the following response: Thank you for c...

US entry waiver questions recently updated

The US Customs & Border Protection Info Center's Find an Answer website has become an indispensable resource in my toolkit for finding answers to questions around visa entry waivers, inadmissibility and general immigration related subjects. For example, type the word 'waiver' into the Google-like input box and you'll find approximately 61 related documents, many that have been updated recently. Here are just a few examples of questions directly related the I-194: 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, we are providing a general description of the most... [updated on December 1, 2014] How do I obtain a replacement copy of my waiver of inadmi...

Update to I-192 waiver application process

Here are the most recent steps to apply for the I-194 waiver  (advance permission to enter the United States)  after being denied entry to the US because of a criminal record. Find your  local fingerprint office  (call to see if you need an appointment). Bring your passport, photo identification that shows your address (driver's licence for example) and approximately  $25 CDN (call to confirm, most places seem to accept debit / credit cards). RCMP is now processing  electronically captured fingerprints  only. Wait about 1 week ( current processing time on the RCMP website is 3 business days ). When you receive your completed C-216C from the RCMP ensure it includes the fingerprint chart with a date stamp and the documentation related to your conviction and disposition. Complete a personal statement regarding your intended activities in the US. Don't forget to specify if your travel intentions are for business (B1 visa), or pleasure (B2), and/or bot...

US waiver application forms

Here is a quick reference list of the waiver application forms you'll need to apply for after being denied entry to the US  (also posted permanently on the bottom of this blog). There are also links for determining your inadmissibility and renewal steps. I-192 waiver application form G-325A , Biographic information form RCMP C-216C info site determine your  inadmissibility   (internal link) I-194 waiver renewal  steps (internal link) Last but not least, here are the steps needed to apply for a US waiver   (internal link) .

2 ways to check status of your waiver application

If you've been patient enough to wait the 120 days since submitting your I-192 waiver application  (application for advanced permission to enter the United States) there are a couple of options to get status. Keep in mind –  the Admissibility Review Office (ARO) states that a full review each submission can take up to a year – and requests for status updates may add to that timeline. Unfortunately, ARO doesn't respond to phone inquiries... or maybe they don't have a phone? Either way, they've limited us to the following 2 options to correspond: Email: inquiry.waiver.aro@dhs.gov And there is always the good ol' fashion way... Postal: US Customs and Border Protection Admissibility Review Office 7th Floor Mail Stop 1340 12825 Worldgate Dr Herndon, VA 20598-1340 Remember - you must allow at least 4 months from the date of submission before making an inquiry or they'll move your visa application to the bottom of the pile... (...

In search of the September Letter

What if I told you there exists a one time letter you could get from DHS that would permanently clear you for US entry? With this letter, you would never again need an I-194 waiver of inadmissibility (US entry waiver) . I'm sure your response would be along the lines of: "where do I sign up?" September Letter – the permanent waiver A September Letter is a document from DHS that states that you do not need an I-194 waiver. The letter is a one time thing. Once you have this letter, you present it to the border officer and your USA entry should be permanently cleared for this particular issue. The packet is prepared with specific documentation to show why you likely do not need a US entry waiver. It's likely processed through ARO (Admissibility Review Office) and if they agree, you'll get issued the letter for permanent US travel. There is hope? The US code states that you can qualify for an exception for a moral turpitude conviction if (1) you only have o...

Buyer beware: US entry waiver service providers

The first time you're refused entry at a US border crossing you are inevitably in transit for some crucial business meeting. Or perhaps it is for a personal event like a family vacation or other personal related matter. Either way, it's frustrating often sometimes embarrassing that you didn't get to your US destination. US I-194 waiver – it's like the 'get out of jail free' card from monopoly – the golden ticket! You call the US consulate in Toronto, Vancouver, or maybe the US embassy in Ottawa. They tell you that you'll need something called a 'US entry waiver'. An 'I-194 waiver' to be precise. In a panic you Google 'US waiver' and ultimately stumble on 1 of a growing number of US entry waiver service providers who charge a fee, so the US GOV'T can 'process your waiver faster'. You reach out to them and become hopeful when they council you about your eligibility for an I-194 waiver of inadmissibility. You are relie...

Travelling to the US? Anyone can be denied entry

Waiver of inadmissibility or not, being denied entry to the US can happen to anyone. Understanding how bad things can go, properly ensuring you have appropriate documentation and clear intent on your visit is paramount. Keep in mind, traveling from Canada to the US is a privilege not a right, and US border guards have complete jurisdiction on whether or not you are allowed to visit the United States of America. Simply crossing the border with fruit , can get you refused (trust me, this happens – I've actually seen someone get pulled into secondary because they had an orange in their hand) . B1 / B2 visa primer Visiting the US for business or pleasure is really more complicated than it appears. When you arrive at the border and fill out that blue card, you are in essence, completing a US visa application. There are 2 main types of American visas that are commonly issued for US travel (determined at the actual border or pre-clearance facility for us Canadians) . The first is c...

US waiver inadmissibility decision chart

There are a lot of reasons why Canadian citizens may find themselves in need of a US waiver after being denied entry into the United States. I've updated the enclosed decision chart, a reference that allows individuals at-a-glance to determine if they are inadmissible and in need of a US entry waiver. When can I not get a US Waiver? It's important to note – in some situations – that inadmissibility can never be waived. These include tax evasion, or marijuana convictions of more than 30 grams (or drug convictions other than marijuana)  where a waiver of inadmissibility will not be granted. Security violations are another example where waivers cannot be granted, except in extreme circumstances involving reasons of US foreign policy. I've deliberately omitted from the chart, voluntary membership in a totalitarian party, which typically doesn't make one inadmissible. This updated chart will be permanently posted on a separate page and linked through the referenc...