US Waiver for Canadians

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...

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 invol...

Question: Do I need to re do the  C-216C  with fingerprint chart and resubmit it to the RCMP for a date stamp and endorsement? Answer: Yes, for each renewal, you will have to resubmit C-216C to the RCMP. You can now file electronically at many of the accredited fingerprinting agencies throughout Canada that utilize the Canadian Real Time Identification Services Division ( CCRTIS ). Processing time by the RCMP if electronically filed is  dramatically reduced .

Still waiting for your criminal record check? The RCMP has provided an email address for which you can check the status. Email civilnps@rcmp-grc.gc.ca providing ONLY the following information: Your full name Your date of birth Type of application you submitted – (Vulnerable Sector Check, Criminal Record Check) Date your application was submitted to the RCMP Daytime phone number where you can be reached on weekdays source:  http://www.rcmp-grc.gc.ca/cr-cj/app-dem-eng.htm

I thought it might be useful to briefly recap the steps needed to apply for the I-194 (advance permission to enter the United States) after being denied entry at the US border (you can read about when I was refused entry and my background here ). Find your local fingerprint office (call to see if you need an appointment). Bring your passport and $25 CDN. See this previous post for details. Mail the C-216C form to the RCMP. Include a check for processing ($25 CDN). Refer to this post . Wait up to 2 months for a reply... 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. See this post about when I received mine. Complete a personal statement regarding your intended activities in the US. If you are inadmissible because of a criminal conviction you must also complete a statement explaining the circumstances of each arrest, conviction and the sentence or fi...

This definitive article written by a Windsor law firm and published by the Ontario Bar Association on January 24, 2006 covers everything your lawyer needs on gaining you lawful admission into the US. You can read the entire article here ( PDF ). There are a couple of interesting points. On page 5 for example, there is a piece under Crimes Involving Moral Turpitude ( CIMT ) called the US Petty Offence Exception: Pursuant to the US petty offence exception, a non citizen may be determined admissible, notwithstanding a single CIMT conviction if three essential requirements are satisfied: (1) he/she has committed only one CIMT ; (2) he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed"; and (3) the offence of conviction carries a maximum possible sentence of one year or less. Unfortunately all 3 don't apply to me (I was convicted of 2 minor offences) but it is worth considering and...

Now that I have my waiver, I'm starting to consider what the process might be to renew it. Some questions that I will be pursuing: Do I need to re do the C-216C and resubmit it to the RCMP for a date stamp and endorsement? Do I have to request again the document from the RCMP showing my prior convictions? Do I have to reappear for the interview with the US border office to complete the application I-192? Will processing of the application be faster the second time? Can I expect, based on my current waiver that the next one will be good for 5 years? And some additional questions which are directed at my career aspirations: With the waiver, can I apply for an L1 work visa? Can I relocate to the USA? I'll be focusing on finding answers to these questions. If you have any insight, please use the comment section of this post. Thanks

I called the Border Protection office today and an Officer advised me that they don't make appointments - just show up in person to submit the application. He reminded me to bring $265.00 (US), my passport, and the rest of the items from the checklist. Here it is again: Completed and signed I-192 form Form G-325A (get it here ) The completed fingerprint chart C-216C which was endorsed and time dated by the RCMP (see previous post on where to get this) Canadian passport The copy of my court record, conviction and disposition (which I received from the RCMP - see this post ) My personal statement regarding my intended activities in the US A personal statement explaining the circumstances of my conviction There was another requirement (FD-258, another fingerprint chart) but this is completed by the Border Protection Officer when I submit my application.

Today, after almost 2 months I received my C-216C! It included a cover letter which read: Dear Sir/Madame, The enclosed fingerprints have been certified as being identical to the Fingerprint Section (FPS) file number: (and my file #). The information relative to this FPS file are being returned to you. It also included the returned fingerprint chart with a date stamp and the document relating to my conviction and the disposition. Now I'll complete my 2 statements and by early next week I will visit the airport and the Border Protection office to submit my I-192 application for the I-194 waiver.

It's been over 2 months now since I was found ineligible to the United States based on a 20 year old indiscretion. It's almost a month since I mailed my C-216C to the RCMP. Unfortunately I have yet to receive a reply. Today I found some contact numbers for the U.S. Department of Homeland Security Customs and Border Protection office: Montreal (514) 631-2097 Toronto (416) 929-6011 Winnipeg (204) 783-2206 Calgary (403) 221-1730 Edmonton (780) 890-4486 Vancouver (604) 278-3360 Here's an interesting article from the Edmonton Sun about another unlucky Canadian (and his family) being stopped at the border because of an age old minor criminal conviction. You can read it here .

3 weeks since I mailed my C-216C to the RCMP and still nothing. I've read on a few bulletin boards ( like this one ) that processing times for the I-192 are taking upwards of 10-12 months.

Today I mailed form C-216C to the RCMP. I included a check for $25.00 (the processing fee) and a letter explaining my situation and the need for the official court records form my conviction. In case you need it, the address for the RCMP: PO Box 8885 Ottawa, Ontario K1G 3M8 I sent mine Canada Post Xpresspost.

Today I called my local police department, located the fingerprint office and arrived during lunch to complete my C-216C. The process took a little over 15 minutes. They took my photo (mug shot), fingerprints and in return provided me with the completed form (C-216C) and the address of the RCMP location that I am to send it into. The processing cost $25.00. Don't forget to bring your passport! The purpose of sending this form to the RCMP is so they can endorse and time stamp it. I will also request the copy of the official court record from my actual conviction. I learned that all municipal conviction records are eventually forwarded to the RCMP for storage. For me that conviction is 20 years old so I'm for a change, really happy they keep everything. The guy at the fingerprint office told me that getting the endorsement and record from the RCMP can only be done by mail. The reply should come in within 3-4 weeks. Here's hoping.

Check list for I-192 Application for Advance Permission to Enter the United States. All listed items below must be provided at the time you present yourself for fingerprinting by the US Customs and Border Protection Service: Completed form I-192 signed and submitted by you (no copies - download it here ) Fingerprint chart FD-258 (this will be done at the time you submit your application by a US Customs Officer) Form G-325A completed and signed by you (download it here ) Completed fingerprint chart C-216C contact the RCMP or your local police department for fingerprint locations you'll need to send this to the RCMP to be endorsed and time dated once returned, you will need to submit it as an original Your passport proving that you are a Canadian citizen A statement regarding the purpose of your intended activities in the US (e.g. business, vacation, etc) A copy of the original court record from the actual court of conviction indicating plea indictment, conviction and disposition for...