US Waiver for Canadians

As mentioned by a contributor on the I-194 waiver forum , a recent article on CBC ( Have you ever smoked weed? ) has made claim that the cost of an I-192 waiver application is increasing from $585 to a whopping $930 US ($1,200 CDN) later this year. There seems to be some truth as found on a US Federal Register under a section labelled "TABLE 9—PROPOSED FEES BY IMMIGRATION BENEFIT" (see here: https://www.gpo.gov/fdsys/pkg/FR-2016-05-04/pdf/2016-10297.pdf ) If these changes move ahead Canadian's who have been previously denied entry to the US will see a 59% increase on their US waivers. There is some potential good news in that all waivers after the fee increase may be issued for a set 5 year (instead of the current 1, 3, 5 year) with limited exceptions for sexual assault convictions but that has yet to be confirmed. Waiver renewal application processing seemed to have gotten quicker over the summer with some applicants commenting on 3 month returns. So perhaps we can f...

The I-192 entry waiver application form was updated in June (revision 06/10/16). The form is now 8 pages and portions can be completed on your computer using the client version of Adobe Reader. The link to the application form is here: ( I-192, Application for Advance Permission to Enter as a Nonimmigrant ). As stated on the Department of Homeland Security web site, older forms can continue to be submitted until August 29, 2016. 06/10/16. Starting 08/29/2016, USCIS will only accept the 06/10/16 edition. Until then, you can use the 04/15/13 edition. You can find the edition date at the bottom of the page on the Form and Instructions. Instructions for filling out I-192 waiver form can be found here: Instructions for Form I-192 (PDF, 218 KB) . There has been no change to the $585 USD filing fee.

Please bookmark and refer to my US entry waiver FAQ. It is updated infrequently but contains some of the most pressing and relevant answers around obtaining and utilizing a waiver of inadmissibility. http://uswaiver.blogspot.ca/p/us-entry-waiver-faq.html

Following on rule number one, rule number two is something about not trying to enter the US with marijuana. Rule number three is obviously about not attempting to enter the US with live shotgun shells in your vehicle. Unless of course this gentleman from Nanaimo was actually attempting to get barred permanently from the US. This all went down a few weeks ago at the Sumas border crossing in BC. Read the rest of the story here:  Nanaimo man charged with bribing U.S. official at border

ARO (Admissibility Review Office) seems to have quietly updated the minimum number of days one has to wait before checking the status of an I-192 waiver application. Previously 120 days, multiple individuals have confirmed that ARO is now asking applicants to wait a 150 days before making an inquiry. User  @Narek on the I-194 waiver forum recently posted this response: This email address is for questions regarding the status of applications on file with the U.S. Customs and Border Protection (CBP), Admissibility Review Office (ARO). The ARO is responsible for the following applications: Form I-192, Application for Advance Permission to Enter as Nonimmigrant, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, and Form I-824, Application for Action on an Approved Application or Petition. Please note the ARO will respond to inquiries on the latter form only in those instances where the action is related to obtaining...

The government is preparing to introduce legislation that will extend preclearance locations to land border crossings. Already in place at eight airports, air preclearance is currently being introduced at Quebec City (YQB) and downtown Toronto (YTZ). The new rules will also govern the rights and responsibilities for US customs agents working on Canadian soil. Continue reading:  Liberals set to introduce bill on the Canada-U.S. border

I successfully received my Pardon from the Parole Board of Canada back in 2013 after a gruelling three year wait. Ill-advised, I applied with assistance from the organization,  Pardons Canada . I later determined they added little value to the process (you really can file for a Pardon on your own) . Fortunately, I received my Pardon before it evolved into it's current form as the Harper-initiated " Record Suspension " (a somewhat diluted version of the old Pardon) . Fast forward to a few months ago. I had the opportunity to do some volunteer work with an organization which requires participants to provide a Background Check ( Records Check ). It was my first chance to see whether or not the Pardon had successfully wiped my records from CPIC . Obviously, I had some reservations as to whether or not my records had actually been wiped (not everything always goes as planned) . As this was a last-minute opportunity, I decided to apply for an express Record Check (same da...

The Admissibility Review Office (ARO) located in the Washington, DC area and a department within Customs and Border Protection (CBP) has been the sole agency adjudicating I-192 waiver applications since 2005. Department of Homeland Security (DHS) created the ARO in an effort to achieve consistency in the adjudication of all nonimmigrant waivers ( CBP Memorandum from March 22, 2005 ). Processing times Application processing for the I-192 waiver can vary from case to case. AROs goal is to process each application within 120-180 days of the filing date, but there are many cases in which the processing period is much longer. The delay is not always with the ARO, but sometimes with other federal agencies responding to the necessary background and security checks (often referred to as secondary security checks). First time waiver applications usually involve the longest processing time with subsequent waiver applications being completed much quicker – often within 90-120 days. Recentl...

Expect to have your pot record expunged once marijuana is legalized? Think again. Why? Well, when someone is charged with a crime, the laws in place at the time of the offence dictate how that individual will be punished if convicted. An exception is outlined in Section 11(i) of the Charter of Rights and Freedoms : “Any person charged with an offence has the right . . . if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing to the benefit of the lesser punishment.” The Charter says nothing about granting amnesty to a convicted individual whose offence later ceases to be a crime. That’s why, if marijuana is legalized in Canada, the legislation will probably not come with an amendment that allows all those previously convicted of possession of marijuana to be pardoned and have their criminal records expunged. Tens of thousands of Canadians are charged with possession each year. Pardons woul...

You can be refused US entry due to a past drug conviction or simply for admitting to have done drugs in your past. The current US border policies are long overdue for an update. As this article points out: "There's no reason to believe America is safer when we exclude or harass foreigners who are honest about drug use—and that's the only thing this policy achieves." Read the complete story: Why is it Still Illegal to Visit the US if You Admit to Using Drugs?

Whether denied entry to the US because of an overstay, criminal record or other reason, the visa application is often unnecessarily bureaucratic. The following is list of important reference links that will hopefully assist you in successfully being permitted into the US for travel. Forms: I-192 waiver application   G-325A, Biographic Information   RCMP fingerprint form C-216C (info site)   All other US Immigration forms   Background information about the  United States Waiver of Inadmissibility (Wikipedia) Do you actually need it? US waiver inadmissibility decision chart Discuss your application:  I-194 Waiver forum   Ask a question, get an answer  

Not YouTube Everyone who reads this blog already knows that you don't need a lawyer to get an I-194 US waiver. The application and interview – although bureaucratic – is something you can do yourself. Well, it's the same with a Record Suspension (formally called a Pardon) and the Parole Board of Canada (PBC) is doing their best to teach the public this important fact. The Parole Board of Canada on YouTube Last February the PBC created a YouTube channel that already has a surprisingly good list of helpful content. While not recognized by the US , it's still quite obvious that getting a Record Suspension is a good idea. If you've started your application and need some help, PBC has created this short 4 minute video " Tips for completing a Record Suspension Application ". The main point PBC is trying to share is that you don't need a pardon services company to make an application for a Record Suspension. To emphasize this point, PBC has even crea...

I flew down with family during the holiday from Ottawa to St Petersburg, Florida and stayed through January 1st. Although it was Christmas break, customs and border protection seemed to be lightly staffed as we were the last flight of the day heading to the US. As with all other times – when travelling with my wife and children – we were not passed on to secondary screening. Once the border officer had taken my digital fingerprints and mug shot we were sent on our way. Quite painless. Total time through customs was less than 5 minutes. Of note, Ottawa pre clearance has not yet implemented the  automated passport control systems  which have been popping up in other parts of Canada.

The I-194 waiver is typically issued in durations of 1, 3 or 5 year increments. Here's another poll on the duration of entry waivers. Take a moment and provide your feedback below.

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.

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...

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

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...

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...

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...