US Waiver for Canadians

Here is a quick reference list of the waiver application forms you'll need to apply for after being denied entry to the US  (also posted permanently on the bottom of this blog). There are also links for determining your inadmissibility and renewal steps. I-192 waiver application form G-325A , Biographic information form RCMP C-216C info site determine your  inadmissibility   (internal link) I-194 waiver renewal  steps (internal link) Last but not least, here are the steps needed to apply for a US waiver   (internal link) .

The first time you're refused entry at a US border crossing you are inevitably in transit for some crucial business meeting. Or perhaps it is for a personal event like a family vacation or other personal related matter. Either way, it's frustrating often sometimes embarrassing that you didn't get to your US destination. US I-194 waiver – it's like the 'get out of jail free' card from monopoly – the golden ticket! You call the US consulate in Toronto, Vancouver, or maybe the US embassy in Ottawa. They tell you that you'll need something called a 'US entry waiver'. An 'I-194 waiver' to be precise. In a panic you Google 'US waiver' and ultimately stumble on 1 of a growing number of US entry waiver service providers who charge a fee, so the US GOV'T can 'process your waiver faster'. You reach out to them and become hopeful when they council you about your eligibility for an I-194 waiver of inadmissibility. You are relie...

There are a lot of reasons why Canadian citizens may find themselves in need of a US waiver after being denied entry into the United States. I've updated the enclosed decision chart, a reference that allows individuals at-a-glance to determine if they are inadmissible and in need of a US entry waiver. When can I not get a US Waiver? It's important to note – in some situations – that inadmissibility can never be waived. These include tax evasion, or marijuana convictions of more than 30 grams (or drug convictions other than marijuana)  where a waiver of inadmissibility will not be granted. Security violations are another example where waivers cannot be granted, except in extreme circumstances involving reasons of US foreign policy. I've deliberately omitted from the chart, voluntary membership in a totalitarian party, which typically doesn't make one inadmissible. This updated chart will be permanently posted on a separate page and linked through the referenc...

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)

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

Interesting flow chart which provides simple steps to determine if you're inadmissible to the US. I noticed the section on tax evasion and was unaware that such criminal convictions could not be waived. Conrad Black  with help from his attorney successfully fought the charge of tax evasion but was ultimately found guilty of mail fraud and obstruction of justice. I assume these are crimes which will allow him to eventually process an I-192 waiver application. (flow chart source: immigroup.com )

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)".

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...

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.

U.S. Customs and Border Protection (CBP) has expanded on its explanations of the grounds of inadmissibility for which one might require a Form I-192 waiver. Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Inadmissible Canadian Information In general, you might be denied entry: If you have a communicable disease, If you have a criminal record for crimes of moral turpitude, 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, If you have been involved in money laundering, If you might become a public charge because of limited financial resources, If you have been previously removed (deported) or have overstayed a previous period of admission to the United States A comprehensive list of the legal descriptions can be found here: Legal Descriptions (opens a PDF document)

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...

US attorney Laurel Scott (of Scott and Associates ) has been providing a live chat on her site for the past view months. She specializes in the I-601 hardship waiver but seems to answer all immigration/waiver related questions including those around the Canadian application (I-192) for the waiver I-194. The chat session is held every Wednesday at 11am (central time) at the following website: Scott and Associates chat room. The chat sessions are anonymous . Archives of her previous chat sessions can be found here: Laurel Scott chat logs. For legal advice and representation on obtaining an I-194 waiver of inadmissibility Laurel recommends attorney Daniel E. Green. His website and contact information are here: Hudson Valley Immigration Law.

A necessary part of your application for a waiver of inadmissibility (I-194) is a written statement regarding the purpose of your intended activities in the US. A few people have told me that they suffer from writers block or are simply not sure about what to write when it comes to preparing their personal statements. I've taken my short statement and posted here as a template which I hope should get you started: To whom it may concern: Please accept this statement regarding the purpose of my intended activities in the US. I primarily intend to travel to the United States as a representative of the company that I work for (name the company) where I am employed as a (describe your title). The purpose is most often for internal meetings, training and conferences. I also intend to travel to the US with my family for short vacations. If you were refused entry to the US because of a criminal conviction you will have to submit a statement explaining the circumstances of each arrest, con...

There are several reasons why someone could be required to apply for a waiver of inadmissibility to enter the United States.  My application was the result of prior criminal convictions but other possible waiver applications include: Waivers of Inadmissibility on Health-Related Grounds  (aliens who carry communicable diseases of significant public interest, this could include being HIV positive) Waivers of Inadmissibility due to Fraudulent Misrepresentation (an alien who fraudulently procured a visa and exclusion would result in extreme hardship to a US citizen, spouse or parent of such alien) Waivers of Inadmissibility due to lack of Proper Documentation, including valid passport, visa or border crossing identification  (this waiver can be produced for an alien who does not possess a valid passport, visa or other border crossing identification) Waivers of Removability for Unauthorized Work  (The section supporting this waiver forgives violations such as acceptance of unauthorized empl...

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...