You may or may not be eligible for a US Entry Waiver. Unlike a Canadian pardon or Record Suspension, there are no set eligibility requirements for US Entry Waivers. Technically anyone can file a US Waiver form to be submitted to the Department of Homeland Security (DHS), but the final decision as to whether or not this application will be granted rests solely with the DHS.
There is no set checklist for whether or not a US Waiver will be granted by DHS, but there are several factors that are examined that can affect the decision, such as:
- The seriousness of the applicant’s offence(s)
- The quantity of offences on the applicant’s record
- The period of time which has elapsed since the applicant’s last offence
- The risk of harm to the United States if you are admitted
- Your stated purpose for entering the United States
- The length of time for which you wish to enter the United States
- The strength of your character references (included with your application)
- Complete honesty and accuracy in your written letter of circumstance (included with your application), as well as a demonstrated level of remorse
Additionally, DHS will look more closely at certain offences when determining whether a person is eligible. Offences involving the possession, production, or trafficking of drugs will often be taken very seriously by DHS, as will any sexual offence. Offences such as these will often require additional supporting documentation, such as a recent drug test, a letter from a psychiatrist, or any sort of certification for completion of a rehabilitation program. In some rare cases, an applicant with a serious sexual offence may be required to submit themselves for examination with a DHS certified panel physician.
That said, you are eligible to apply, but you should ensure that your application is thorough and convincing.