A September letter is basically a letter from the United States Department of Homeland Security saying that you do not need a US Entry Waiver.
A criminal record can prevent you from entering the United States. A US Entry Waiver is a document that allows people with certain types of offences to overcome this inadmissibility. However, not all offences will require a US Entry Waiver. In fact, the most common type of record in Canada, DUI, generally does not require a waiver unless there were some exceptional circumstances.
When is a September letter issued?
It’s unlikely that anyone would ever get a September letter for a simple DUI, because most border agents know that this is not an inadmissible conviction. Where things get more complicated, is when you are dealing with offences with widely varying degrees of seriousness. In these cases, border officials can question your record and deny you entry.
Once you have been denied entry, you must go through with the US Entry Waiver application. When the application arrives at the DHS, they will determine whether you actually need a waiver. If you don’t need a waiver, they will issue a letter. It’s called a September letter, because the original prototype it is based on was dated in September. In reality, you can get this letter any month of the year.
Why do you have to apply?
Determining which offences require a waiver isn’t easy. This is because the US relies on a concept called “moral turpitude.” Turpitude means “depraved,” however, you don’t need to murder someone to be denied. In this concept they are looking more at things like intent. For example, you intended to deprive someone of something by stealing it from them. Because this is so hard to define, the concept can change. Generally, immigration courts will determine the meaning and, by doing so, create precedents. The DHS will study the case law and then make their determination.
However, you don’t have to apply for every offence. The DHS rarely makes changes to the types of offences considered moral turpitude. In most cases the law is consistently applied, and we can advise you with relative certainty. Applying for a waiver can be a lengthy and expensive process. If you have never been denied entry at the Canadian border, check with us first before applying. The initial consultation is free.
Another reason a September letter might be issued is if there a lack of proof that you actually committed the crime. You could be denied for a non-conviction if a border official feels that there is enough evidence that you did it. However, the DHS could disagree and issue the September letter. Recently, some people have been denied entry for admitting to having used marijuana. These denials could, ultimately, be overturned if the DHS decides these admissions don’t provide enough evidence of a crime having taken place. However, they will have to go through the application first.
Is a September letter permanent?
Yes, if you have a September letter, you won’t need to apply for a waiver again unless you have a new offence. You should carry the letter with you to ensure that you don’t get denied entry again.
A September letter is not the same thing as a permanent waiver. The United States no longer issues permanent waivers. The maximum waiver is five years.
Can you buy a September letter?
There is a company that claims to be specializing in September letters. However, a business with quality control would be getting a minimum number of these letters for their clients. Because the application for a waiver is expensive, a competent company will be able to tell you whether you need a waiver before you apply. A company that gets a large number of September letters is selling applications to people who don’t need them.
Changing the law as it is consistently applied would require sophisticated legal arguments. If you really believe that your case is precedent setting, you should contact a qualified lawyer. Otherwise, if it seems too good to be true, it probably is.
If you would like more information about the US Entry Waiver, or if you aren’t sure if you need one, contact us today for a free consultation at 1-866-972-7366.