US Waiver for Canadians

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.

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...

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... (...

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...

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...

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...

CPB's (US Customs & Boarder Protection) Find an Answer site continues to be bountiful with useful information. The following questions / responses were updated recently: How long is a   Waiver   of Inadmissibility good for, how do I renew it, and can I use it for both business and pleasure? (updated 6/4/2013) I forgot to turn in my I-94 when I left the U.S., what should I do?  (updated 6/6/2013) 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?  (updated 6/4/2013)

Note: The zip code for the ARO  (Admissibility Review Office/U.S. Customs and Border Protection)  recently changed and the current I-192 application form still shows the incorrect older zip code. The correct address is: 12825 Worldgate Drive, Herndon, VA  20598-1340 .

Great news! Today in the mailbox, just 3 months and 2 weeks after submitting my I-192 application with a Saturday interview at the Ottawa pre-clearance facility, I received my renewal (my second 5 year I-194 waiver) . This second 5 year waiver once again allows me to travel to the US for business and pleasure (B1/B2) for a maximum period of stay as determined by the admitting officer (the CBP officer on entry) . Have waiver, will travel! See updated information about renewals:   I-194 waiver renewal recap

My first waiver was issued for 1 year. Can I expect a 5 year waiver for my renewal? How can I get a 5 year waiver? 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. source:  https://help.cbp.gov/app/answers/detail/a_id/1076/kw/waiver%20renewal

When weighing their decision on a waiver application the Admissibility Review Office (ARO) must take into consideration these 3 factors: The risk of harm to society if the applicant is admitted; The seriousness of the applicant's immigration or criminal law violations; and The nature of the applicant's reasons for wishing to enter the U.S. In addition to these factors, the ARO can also consider the following: The nature of the offense; The circumstances which led to the offense; How recently the offense occured; Whether it was an isolated incident, or part of a pattern of misconduct; Evidence of reformation or rehabilitation. This builds on my previous posting about intent: Be clear about your intent . Something to consider while completing your waiver application.