US Waiver for Canadians

Great news, today I've started a new bulletin board for discussions centred around Canadians who are denied entry to the US and who are embarking on the I-194 waiver application process. It's a community contributed forum so feel free to post and reply. The backend is built using NNF (NoNonsense Forum) and is ideal because you don’t have to go through registration and e-mail confirmation to post. It's also semi-anonymous (you are not required to share any person information) . Check it out: I-194 Waiver Forum

A B.C. woman named Jess Goldstein was denied entry into the US and barred for life, for admitting to US customs officials she had smoked marijuana in the past. Her car was searched, she was questioned for six hours and told she could never enter the US again. She owns a cabin in Washington state and her father is American so she used to cross quite often. Now she can cross the border only because she was granted an official waiver, which cost her $600 + in fees, and has to be renewed again each year. Meanwhile, Rob Ford, the fool mayor of Toronto, an admitted smoker of crack cocaine, has crossed the border into the US to appear on American TV. How come the US customs officials let him cross the border? Where is the punishment for Rob Ford? How come he does not have to pay $600 + a year to visit? The hypocrisy of US CBP.

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.

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

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

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 .

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.

When completing your waiver application you must state intent: A statement regarding the purpose of your intended activities in the United States, e.g. vacation, business, etc. Be sure to indicate whether or not you need the I-194 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 say it is valid for a particular purpose (i.e. business travel) , it cannot be used for that activity, and you will have to apply (and pay for) a new waiver issued for the other activity.  For instance, if you occasionally travel to the U.S. for pleasure, but also have other travel for work or business - your letter requesting the waiver should say something along the lines of  "My purposes for travel include pleasure (B2) work (specify H1B, P or whatever other status you may want to utilize) and/or for business (B1)".

Back in early summer while sitting at the pre-clearance facility, waiting to process my waiver application renewal, there sat next to me a gentleman who told me he had retained an attorney to compile his application. He seemed no more prepared (probably a little less) than I was for he discovered that he was missing certain documents. There would seem to be as many attorney / immigration lawyer's offices offering I-192 waiver application assistance as there are online university degree programs. Just do a quick Google search and you'll see what I mean. I suspect many people don't understand just how simple it is to compile your own waiver application. So if you did retain an attorney: What was the cost? Why did you select this particular attorney? Was it worth it? Will you retain an attorney for your next waiver application? As someone who is waiting for a decision on his second self-compiled waiver, I am in no way advocating people 'lawyer up', although...

You may file for an I-194 waiver in person at a designated land border port of entry. When you bring in your application, you will be given a receipt for your application fee and the U.S. set of fingerprints will be taken. Ensure you have completed these steps in your  I-192 waiver application process . List of land border crossings: Portland Port of Entry 312 Fore Street Portland, ME 04101 Phone: (207) 771-3600 Fax: (207) 771-3608 Houlton Port of Entry 27 Customs Loop Houlton, ME 04730 Phone: (207) 532-2131 x 0 Fax: (207) 532-4153 Fort Fairfield Port of Entry 4 Boundry 4 Line Road Fort Fairfield, ME 04742 Phone: (207) 473-7474 Ft. Kent Port of Entry 401 West Main Street Fort Kent, ME 04743 Phone: (207) 834-5255 Van Buren Port of Entry 137 Bridge Street, P.O. Box 146 Van Buren, ME 04785 Phone: (207) 868-3391 Madawaska Port of Entry 63 Bridge Avenue, Suite 101 Madawaska, ME 04756 Phone: (207) 728-4376 x 0 Calais Por...

You must travel with your I-194 Waiver at all times, and losing it can be quite costly and time consuming to replace. You will need to submit an I-824 with an explanation as to why you need a replacement for your I-194 Waiver document. It will also cost another $405US for the replacement fee of the I-194 waiver, in addition to the $585US that was already paid when you submitted your I-192. As you can see, this is quite a hassle, as well as costly. It is imparitive you keep your I-194 in a safe place and you travel with it each and every time you cross for the duration of your waiver. It will not remain in the system that you have been approved, and you need the I-194 to travel or you will likely be denied and turned away at the border with instructions to obtain a replacement. Your I-194 waiver document must be valid when applying for a replacement document of course, and if you have less then 6 months left before your waiver expires, you may want to consider resubmitting a...

I've never tried, but apparently there is an email address to check your waiver application status. CHECKING THE STATUS OF YOUR WAIVER REQUEST: Please allow at least 120 days from the date of submission of your I-192 before making an inquiry about the status of your application. As stated earlier, a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. However, if for some reason you are concerned about the status of your request, and you filed at a CBP Preclearance location or at a land border port of entry after August 26, 2007 you may ask for an update by emailing inquiry.waiver.aro@dhs.gov . In the email, be sure to provide your full name, DOB and your A number. If you filed at a land border port of entry prior to August 26, 2007, please contact them directly. Phone numbers are on our Web site. Attorney inquiries: attorneyinquiry.waiver.aro@dhs.gov If you have submitted an application and you have had a chang...

A not very scientific poll about processing times. Thanks for your input. <a href="http://polldaddy.com/poll/6506614/">How long did it take to receive your I-194 waiver?</a>

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...

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.

It's been a while since my last update. I've got less than a year on my current I-194 waiver (expires next November) and I'll be documenting my experience in obtaining a renewal. I plan to start the process again in late January (11 months should be more than enough time, right?) . Got Pardon? I don't . I'm still waiting on the pardon that I applied for through Pardons Canada back last March. I've not be on top of them to do so, but their lack of updates has not impressed me much. I can just hope that they are making good progress (note to self: follow up with Pardons Canada) . The main reason why I chose to go with them in the first place was so that I could free myself from the paperwork, bureaucracy, etc. To have to chase after them for updates washes that reason away just a little. Thanks to those who have been keeping the comments alive. I've seen some good discussions about wait times and other irregulaties. Don't forget you can always subscribe ...

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 are hoping to be one of the lucky ones to scoop a 5 year I-194 waiver, you'd probably want to be holding onto your lucky rabbit foot (or insert other lucky charm here) a little tighter. Based on the recent informal poll, that the majority of respondents carry 1 year I-194 waivers. Here are the poll results: get Widget!

As one of the fortunate who possess a valid US waiver (I-194) I have become complacent in travel to the US. I always ensure that I arrive at the airport for pre -screening with more than ample time prior to my departure. If I am connecting through a Canadian city which has US pre -screening I ensure that I have at least 2 hours between connections to allot for what has become a standard (at least in my travels) - the secondary screening. Having received my 5 year waiver almost 2 years ago this November in my initial travels it was always a gamble whether or not the screening officer would refer me to secondary but in the last year or so it seems that this practice has become mandatory. Here is how it is always played out: arrive at first screening with documents in hand (ticket, customs declaration, passport, waiver document) screening officer reviews documents, reads both pages of the waiver document and swipes passport officer places all documents into a yellow folder and directs me ...

Thanks to those who participated in my recent poll "Do you have an I-194 waiver?". It turns out that of those who participated over half have applied or intend to for the I-194 waiver (Advance Permission to Enter as a Non-Immigrant). It is also interesting to note that the amount that have 1 year or 5 year waivers are very close (3 to 4). I had read somewhere that the waivers were granted as 1 year or 5 based on the degree or seriousness of the past offenses. If this is true, then wouldn't a person expect that if he/she were granted a 5 year waiver, he/she should always expect the 5 year waiver? I'd be happy to hear your comments and personal experiences on this. Update: See  I-192 Waiver Application Process