A US Entry Waiver is a preclearance document that allows you to visit the US even if you are inadmissible. A common reason for inadmissibility is having a criminal record.
A US entry waiver is also called a temporary waiver of inadmissibility.
What happens if you get a US Entry Waiver?
Once you have a US Entry Waiver, you will not need to worry about being denied entry on the grounds of having a criminal record. This is because the Department of Homeland Security will already have fully investigated your background.
Your waiver will be good for one to five years at which point it needs to be renewed. Although we have seen many five-year waivers granted on the first try, you’ll have a better chance of getting a longer waiver on a second or third application.
What is needed to apply for a US Entry Waiver?
The main form for Canadians with criminal records is called I-192. In addition, you will need to fill out the biographic information form (G-325A).
Other items that you will need are:
- Certified Criminal Record Check
- Official court documents
- Letter of circumstances
- Reference letters
- Drug tests (if applicable)
- Affidavits (if applicable)
- Evidence of citizenship
- Proof of income
- Proof of citizenship
- Application fee of $585 USD
- If you have ever been removed from the United States, you will require a Form I-212.
Although your application will be reviewed by the Department of Homeland Security, you need to apply in person to the Customs and Border Protection (CBP) at a land crossing or international airport. Not all crossings and international airports have this service. AllCleared will advise you on locations where you can submit your application or you can check the CBP website.
As you can see, the US Entry Waiver is a complex process. AllCleared will obtain many of the documents on your behalf and will assist you in preparing a compelling application that demonstrates rehabilitation.
Does everyone with a criminal record require a US Entry Waiver?
Not all Canadians with criminal records will require a US Entry Waiver. If you have a drug conviction or a crime of moral turpitude on your record, you will need an entry waiver.
However, if you have a DUI or a conviction that is seen as less serious in the United States you usually will not require a waiver.
If you have been denied entry into the US, you will require a US Entry Waiver in order to return.
If you would like to find out more about US Entry Waiver and determine your eligibility, please contact our advisors for a free consultation at 1-866-972-7366.