Applying for a US Entry Waiver is a long process. The best result you can hope for is a five-year waiver. Many people hope that they will get the maximum validity, but unfortunately, it’s not always possible. Sometimes you put together the best possible application, but the US Department of Homeland Security only grants you one or two years.
The length of your waiver is completely up to the discretion of the officer and there are no published guidelines. There are some factors that go into the decision about how long your waiver should be:
- The length of time since your offence
- The seriousness of your offence
- The quality of your application
- Whether you have had a previous waiver
- Whether or not you previously overstayed or reoffended
As you can see, there is not much you can do to get a five-year waiver. The only things you can control are the quality of your application and your conduct since your conviction.
Quality of your application
If you want to increase your chances of getting a five-year waiver, it’s important to ensure that you follow all the steps and make sure you put together a good application.
Follow all the steps: Don’t leave anything out. Some people are intimidated by the process so they just do the best they can and fail to get important documents. If you don’t have time to complete the application yourself, get assistance.
Write an appropriate statement of circumstances: Not everyone is a great writer, but it’s important to do the best you can. Explain all the convictions that happened in plain language. Don’t embellish or try to defend your actions. Accept responsibility for what occurred and provide some assurance that you have changed since that time. You can get someone to proofread your statement after, but don’t be too concerned about your grammar and spelling. They are not marking your writing skills.
Get good reference letters: Reference letters can be friends, coworkers, neighbours, people you know from community groups and past employers. Try to avoid family members because they are not perceived as objective. Your current employer should provide a letter of employment, so you will want to use someone else as a reference. If you have serious, recent charges, you should try to find a good quality reference. Don’t take shortcuts like writing three identical letters and asking people to sign them. The is a serious application and you want to look like a conscientious person.
Conduct since the conviction
Your first waiver could be anywhere from one to five years depending on the factors above. The fact that the waiver is temporary should be an incentive to keep a clean record and follow the normal rules about visiting the US, such as not working illegally and not overstaying the limit for Canadians, which is usually six months within a 12-mnth period.
Renewing your waiver
If you have had a waiver in the past, you are probably hoping for a five-year waiver. If there were no problems with your first waiver, the chances of getting a five-year waiver on the second try are greatly increased, but keep in mind that there are no guarantees.
The DHS will still take into consideration the factors listed above such as the seriousness of your offences. Your waiver could be granted for two or three years on the second try or you could get a five-year waiver.
What are your chances of getting a five-year waiver?
For most people, the chances of getting a five-year waiver are pretty good. The majority of criminal records held by Canadians are for minor offences that are well in the past. In recent years, we have seen more applicants get a five-year waiver on their first attempt.
If you are renewing, your chances get even better.
If you would like to discuss your chances of getting a five-year waiver and how AllCleared can help you with your application, contact us for a free consultation at 1-866-972-7366.