US Waiver for Canadians

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

Good discussion by the National Post: Was Rob Ford denied entry to the U.S. and if so, why?: ‘He can’t just turn around and say ‘I’ve changed my mind’’ .  Why would the United States have deemed the Toronto mayor inadmissible? Admitted drug use is one basis for inadmissibility, said Ms. Somerleigh, but there are more than 60 grounds on which entry could be denied. The “admissibility and inadmissibility of aliens” into the United States is governed by the Immigration and Nationality Act, which divides grounds for denial into several major categories, including health-related, criminality, security, labour certification, illegal entrants and immigration violations and documentation requirements. Ms. Somerleigh said a Customs officer may have asked the mayor directly about drug use, or could have already had knowledge of it, “because everyone does.” Read the article:  Was Rob Ford denied entry to the U.S. and if so, why?: ‘He can’t just turn around and say ‘I’ve changed my mind’’

Haven't received your I-194 waiver yet? There is hope. Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency.  Humanitarian parole is granted by U.S. Citizenship and Immigration Services (USCIS). USCIS may grant parole temporarily: To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit For a period of time that corresponds with the length of the emergency or humanitarian situation Humanitarian parole can also be issued by U.S. Customs and Border Protection (CBP) if the traveler seeking the parole is at the U.S. border.  As each parole issued by CBP is issued at the discretion of the Port Director, please contact the specific Port of Entry where the parole will be sought to inquire about procedures.  If a traveler requires an extention of a parole granted by CBP, he or she shoul

We travelled down this past Saturday with Sunwing. Interestingly, there was no pre-clearance (does Sunwing not use the US pre-clearance facilities?) and when we arrived in Orlando we went through US customs. The line up was miserably long and the CBP officer seemed like he'd never dealt with an I-194 before. Although he didn't send our family through to secondary, he kept shuttling back and forth to ask questions of his superiors. After some electronic finger printing, a mug shot and 1 hour and 30 or so minutes, we were finally waved through.

Recently travelled to the US this past January and discovered the I-94 / I-94w arrival/departure forms are no longer needed. CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records. I've got a bulk of these forms which I would pre-fill prior to my trip that will now make great starter material for the fireplace. For more information see here: http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/i94_rollout.xml

Updated list of all Pre-clearance locations including address and phone numbers: http://www.cbp.gov/contact/ports/preclearance/preclear-locations   (updated again) Ensure to call ahead for processing hours.

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)

About to reapply? If your most recent set of fingerprints from the RCMP is less than 15 months old, you won't need a new copy. Here's some additional information recently updated on the U.S. Customs and Border Protection, Find an Answer web site: Reapplying for a Waiver of Inadmissibility, using it for business or pleasure, validity period of a waiver

I asked a question about NEXUS (frequent traveller program) at the CBP Info Center and received a response in about 3 days.  As a Canadian with a criminal record, if I have an I-194 waiver, can I apply for and be granted a NEXUS card? Thank you for contacting the CBP Info Center. If you have a waiver, it is unlikely that you will be eligible for NEXUS membership based off of the general eligibility requirements and checks (ie: criminal background check).

So you've returned home from a trip to the US to discover that the little I-94 card is still attached to your passport.  If you departed by a commercial airline, your departure from the U.S. can be independently verified, and it shouldn't be necessary to take further action BUT, holding on to your outbound (from the U.S.) boarding pass can help facilitate your reentry next time you come back to the United States. If you departed by land, private vessel or private plane, you will need to take steps to correct the  record . If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your waiver may be subject to cancellation or you may be returned immediately to Canada. So what can you do? If you failed

This is an exert for a document detailing the TECS system. This reference may help individuals better understand the process and systems by which assessments are made when attempting to enter the US. The TECS (not an acronym) System is the updated and modified version of the former Treasury Enforcement Communications System. TECS is owned and managed by the U.S. Department of Homeland Security’s (DHS) component  United States (U.S.)  Customs and Border Protection (CBP).  TECS is both an information-sharing platform, which allows users to access different databases that may be maintained on the platform or accessed through the platform, and the name of a system of records that include temporary and permanent enforcement, inspection, and operational records relevant to the antiterrorism and law enforcement mission of CBP and numerous other federal agencies that it supports. How TECS is utilized: Individuals traveling to the US are required to present themselves to CBP at a designa

These two should have read my blog. After all, there is a much easier way to get into the US.  See article: US nabs pair trying to sneak across border .

US Customs and Border Protection have set up an info center website that includes a section with answers to some often asked questions regarding general travel to the US. You can ask specific questions by clicking on the "Ask a Question" button or browse recent responses using the simple "Find an Answer" form. For instance, if you type in " waiver " you'll find relevant responses to questions regarding waivers, eligibility and inadmissibility. Here is a question and response from July 26, 2012 that reads: " Entry into the U.S. - Canadian with criminal record or overstay, waiver ". There is a lot of material already on the site and it seems to be updated often.

The border agent always has discretion, no matter what papers you hold, if you are not a US citizen. The only people who are guaranteed entry into the US are US Citizens. Be sure to have proof of your ties to Canada when you attempt to enter the US, so that there's no room for belief that you will overstay in the US. If asked, you should demonstrate your intent to return home by showing things that would compel you to leave the United States at the end of your temporary stay: a return ticket; a job or enrolment in an academic program in Canada;  addresses of family members living in Canada; substantial property holdings such as a mortgage; or money in a local bank. There is no distinct group of documents that you must present to the border officer or set of circumstances that will guarantee entry, but the facts of your case must be convincing. The law places the burden of proof for meeting this residence abroad requirement on you.

There have been a few changes to the steps needed to apply for the I-194 (advance permission to enter the United States) after being denied entry at the US border. The changes below are in bold . 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 approxiametly  $25 CDN (most places seem to accept debit / credit cards) . Cost is between $25 and approxiametly   $60 depending on whether the facility forwards your information electrically to the RCMP (if this is the case, skip step 2). Mail the C-216C form to the RCMP. Include a check for processing (approxiametly $25 CDN but call to confirm).  Wait up to 1-3 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. Complete a personal statement regarding your inte

Ottawa and Toronto pre-clearance centres are now processing I-192 waiver applications only on Saturdays between 10am and 6pm. These are handled on a first come, first served basis. Unsure about other pre-clearance centres.

Interesting news which may potentially effect I-194 waiver recipients down the line: As part of a new initiative, non-U.S. citizens leaving the United States from Detroit and Atlanta airports should expect to have their biometrics collected before boarding their flights. U.S. Customs and Border Protection (CBP) officers will collect biometrics at the boarding gate from non-U.S. citizens departing from Detroit ; U.S. Transportation Security Administration (TSA) officers will collect biometrics at security checkpoints from non-U.S. citizens departing from Atlanta . These pilot projects are expected to continue through early July. Non-U.S. citizens departing the United States from all other ports of entry will continue to follow current exit procedures, which require travelers to return their paper Form I-94 (Arrival-Departure Record) or Form I-94W (for Visa Waiver Program travelers) to an airline or ship representative. Read the complete article: DHS Begins Test of Biometric Exit Pro

Per the previous post, U.S. customs officials said they won't strictly enforce new identification requirements at land and sea borders with Canada on June 1 because of business leaders' concerns about the impact on trade and travel. The U.S. "will have a flexible enforcement policy on June 1," said Jayson Ahern, acting customs commissioner. Eventually, "we'll get to a point where" full compliance will be required, he said. Read the complete article: New border rules won't be strictly enforced, U.S. official says Obviously, recipients of the I-194 waiver program should be possession of all necessary documents before making a trip state-side.

A customs and border protection officer who I see routinely on my trips into the US (he reads my blog) handed me a little flyer which he told me he gives to some individuals to read during the questioning process. The list is quite practical and I think it is a good idea as it helps level the understanding playing field a little and eases the tension people typically feel when they're being questioned about their intended travel. Tell the truth. If you try to use false or misleading information to get into the U.S., you will be turned back. You may be kept out of the U.S. for a long time. You may even be charged with a crime. Understand the officer's role. U.S. customs and border protection officer have to judge several things: Do you pose a safety threat? Are you someone that U.S. law lets in? Are you someone that U.S. law keeps out? To do this, the officers ask questions and look at documents. They usually ask your citizenship, destination, intended activity and length

Here's the update to an earlier posting about a Canadian teacher in Indiana who when renewing his permit as a temporary worker was found to have an age-old conviction from 1964. A Canadian, Stephen R. Gill, was teaching English at Indiana University South Bend. Gill learned late last week that U.S. Customs & Border Protection gave him a 90-day extension on a humanitarian parole. That extension expires April 1. “I’m happy about it,” Gill said Tuesday from his South Bend home. Late last year, Gill had been ordered to leave the country and return to Canada by Monday. You can read the complete article here: " South Bend man gets reprieve on deportation to Canada ". The article incorrectly states that Gill has applied for the I-192. The I-192 is only the application form (Application for Advance Permission to Enter as a Non-Immigrant) which you submit in order to be considered for an I-194 waiver. I'll be surprised if U.S. Customs & Border Protection