US Waiver for Canadians

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...

Tom Wilson of the Globe & Mail recently filed an article that resonates to what a lot of us on this blog have already gone through: being found inadmissible to the US at a point of entry because of a prior criminal conviction. In the article he touches on the very real point: "Honest and forthright individuals can get extremely nervous in these situations, making them appear slippery and dishonest" . The first reaction for most of us, of course, is denial, which is obviously incriminating. What should you do if you are denied entry on the basis of a criminal conviction that might have happened decades ago in your wayward youth? He goes on in the article to describe different situations, for example, the petty offense exception and an interview with a Vancouver based immigration lawyer. It's an interesting and relevant read. See the entire article: Denied entry to the U.S.? Don’t panic Look for a special follow up on March 1st in the Globe & Mail: Admissibility an...

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be eligible for the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all of the following 3 statements: he/she has committed only one CIMT; 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 the offense of conviction carries a maximum possible sentence of one year or less. In other words the individual can only have one Crime Involving Moral Turpitude (CIMT), this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days. If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime! (this is a para-recap of a prior posting entitled " Can you claim the Petty Offense Exc...

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be able to argue that you are entitled to the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all the following 3 statements: he/she has committed only one CIMT ; 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 the offense of conviction carries a maximum possible sentence of one year or less. I quickly 'Googled' but haven't found any offenses in the current Canadian criminal code which carry maximum sentences of one year or less ( see this chart that I found ). My original convictions (I had 2) were for "Theft under $1,000" which I was told carried maximum sentences of 6 months each (called a summary conviction offense). But the law has been updated to "T...