US Waiver for Canadians

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...

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.

First: Happy New Year! Second: I stumbled upon this news clip... The U.S. Department of Homeland Security (DHS) announced in mid-December that it is expanding the categories of non-U.S. citizens required to provide digital fingerprints and a photograph upon entry to the United States. Additional non-U.S. citizens required to provide biometrics include: Lawful permanent residents of the United States (LPRs); Persons entering the United States who seek admission on immigrant visas; and Canadian citizens who are currently required to obtain a Form I-94, Arrival/Departure Document upon entry or require a waiver of inadmissibility to enter the United States. Linking a person’s biometric information to his or her travel documents reduces the risk that a traveler’s identity or documents could be intentionally misused by someone attempting to gain entry into the United States, DHS said in a statement. Biometric collection requirements apply to most non-U.S. citizens, with limited exemptions, e...

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 ...

There is often confusion regarding whether or not an individual would be deemed inadmissible to the US. The confusion tends to be over the type of crime committed and the sentences of such crime. Under US immigration law, an aggravated felony includes any crime described on the following list: murder, rape, or sexual abuse of a minor illicit trafficking in a controlled substance, including a drug trafficking crime illicit trafficking in firearms, destructive devices, or explosive materials money laundering (see 18 U.S.C. § 1956 ) certain explosives and firearms crimes (see 18 U.S.C. § 842 , 18 U.S.C. § 924 , and 26 U.S.C. § 5861 ) "crimes of violence," as defined in 18 U.S.C. § 16 , for which the sentence imposed was one year or greater theft or burglary offenses, for which the sentence imposed was one year or greater making ransom demands (see 18 U.S.C. § 875 et seq.) certain child pornography crimes (see 18 U.S.C. § 2251 ) racketeering crimes, for which the sentence...

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...

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