Updated February 2nd, 2021
There are many US Entry Waiver requirements that you should be aware of before you start your application. Getting a US Entry Waiver is not as simple as filling out a form.
Before you apply for a US waiver, you firstly need to determine if you require a waiver. Some helpful information can be found here.
There are many US Entry Waiver requirements that you should be aware of before you start your application. Getting a US Entry Waiver is not as simple as filling out a form. There are a lot of documents required for the application, and each document has a specific validity date. For example, a criminal record check is only valid for 15 months for the purpose of a US waiver. If you submit the waiver application and some documents are out of date, your application may be denied and you will have to gather and submit all the documents again and pay an additional US government fee. This takes additional time and money.
1. Certified Criminal Record
The first thing you need to do is get your fingerprints taken at a police department or accredited fingerprint agency. They will send them along with your request for a Certified Criminal Record to the RCMP. Getting your certified record will allow you to collect your official court documents.
A non-certified criminal record will not be accepted for this application.
If you choose AllCleared, for premium service clients, we can save you up to four months by requesting your court documents right away. Our police partnerships allow us to gather official documents prior to receiving your Certified Record. We are the only company in Canada offering this expedited service that can save 4 months of your time.
2. Official court documents
These are requested through the courthouse where your case was heard. Wait times can vary by the courthouse. If you choose AllCleared, we have been collecting data on court times for over two decades. As a result, we have created an exclusive database that can give you a good estimate on how long you will need to wait to receive them, and the fees each court charge. In our experience, they take three weeks to four months depending on the courthouse. This is why our four-months faster service is advantageous for our clients.
3. Supporting documents
The US government has several criteria that they will look at when making a decision on your file. These include:
- The nature of the offence
- How recently the offence occurred
- Whether the sentence was completed
You are not eligible if you have not completed the sentence. US waivers can still be granted if you have outstanding fines in relation to your charges. You must have completed the other stipulations of your sentence including probation/parole.
They will derive this information from the court documents. In addition, they want to see evidence of:
- Rehabilitation and good conduct
- Sufficient ties to Canada
- Whether you can afford your trip
As evidence to back up your application you may need:
- Proof of income
- Letters of reference
- Drug test
- Personal statement
- Proof of citizenship (copies of passport, identification) and permanent residency (if applicable)
4. Forms
If you are inadmissible due to a criminal record, you will use the I-192 Form, which is your application and the G-325A form for your biographical information.
5. Fees
The fee for a US Entry Waiver is currently $585 USD. Before you get to the stage of your application, you will need to pay for the fingerprinting (usually around $40-50; the Certified Criminal Record from the RCMP, which is $25; and the court documents (fees vary by courthouse).
As of October 2nd, 2020 the United States Citizenship & Immigration Service (USCIS) have proposed to increase this fee from $585 USD to $1,400 USD. At present, there is a preliminary injunction in place which is causing this fee increase to be put on hold. Until this is resolved, applications can be submitted at the current fee of $585 USD. If you are currently processing your application and the fee is increased before you are able to submit, you will be subject to the new fee increase.
AllCleared will be monitoring this very closely and updating all new and current clients accordingly.
6. Submitting the US Entry Waiver application and fee
According to US Entry Waiver requirements, applications have to be made in person.
Customs and Border Protection are no longer processing documents at preclearance locations in Canada You can submit your application at a designated port of entry. Applications can also be made online via e-safe, where all documents will have to be uploaded. E-safe applications can have a faster response time. We have seen waivers granted within one month of submission via e-safe pre-covid-19. After your submission via e-safe you will have 45 days to book an appointment at a pre-clearance location to submit your biometrics which is a requirement for the application. For our premium service clients we will submit the e-safe applications on your behalf. When going for your biometrics, it is recommended to call ahead to book an appointment. They will send your application to the Department of Homeland Security (DHS) for a decision.
More information
In some cases, the DHS will contact you for more information. You should keep all of your contact information up-to-date. If they try to contact you, and you don’t respond, your application can be denied.
You will need to keep your mailing address up-to-date as they will mail your waiver directly to you. You will likely receive it in four to eight months; however, it can take up to a year.
If you have not received a response from DHS after 120 days of submitting your application you may submit a request via email for an update on your application. This can be done by emailing [email protected] including your full name, date of birth, alien registration number and any other information you received on the receipt when you submitted the application. If you are a client of AllCleared we can request this information on your behalf. The DHS will not respond to inquiries made before 120 days.
Importance of meeting the US Entry Waiver requirements
If you do not meet all the US Entry Waiver requirements, your application will be denied and you will lose your application fee. That’s why it’s important to follow the steps carefully. AllCleared will guarantee that your application will not be denied due to incomplete information, or missing documentation. We can’t guarantee that the Department of Homeland Security will find in your favour, but we can help you improve your chances of success by making sure the application meets their standards.
The DHS has the discretion to award you a waiver between one and five years. This is another good reason to put together a quality application. You want to give as much information as you can to support a five-year waiver.
We have seen an increasing number of five-year waivers granted on the first application. However, if you don’t receive a five-year waiver the first time, your chances are higher the next time.
If you are ready to get started on your US Entry Waiver application, contact AllCleared today for a free consultation at 1-866-972-7366.