One in seven Canadians has a criminal record. A criminal record can limit a person’s ability to travel to, or through the United States. In addition to criminal records, there are a number of reasons why a person may be denied entry or found to be inadmissible to the US.
It is illegal to enter the US with most types of criminal records. Further, because a criminal record never goes away on its own in Canada, and in some instances a person with a criminal record may have historically been able to cross the border, if you have a criminal record it is only a matter of time until you are denied entry.
It doesn’t have to be this way, but you have to take action!
A US Waiver is an administrative process, which results in a legal document from the US Customs and Border Protection Agency (CBP). Officially known as a “Waiver of inadmissibility”, the US Waiver is the only way to regain entry to the United States if a person has previously been denied entry. Essentially allowing entry to the US for a person that would otherwise not be allowed.
As your representative, Express Pardons prepares a collection of US legal documents in support of your US Waiver application. The Express Pardons team of Waiver US Experts has an intricate knowledge of the decision-making process, which helps us prepare a compelling case that assures your best chance of obtaining a Waiver US approval.
When Is A US Waiver Required?
A Waiver US is required in each of these instances:
- - You have had a criminal record in Canada or the US
- - You were denied entry to, or deported from the US
- - You are banned from entering the US for 5 to 10 years, or for life.
- - You had a border crossing “incident”, such as possession of narcotics.
A Canadian Pardon is not recognized by the United States.
If you have a Canadian criminal record, you are likely not allowed to enter the US. According to US Immigration and Nationality Act, Section 212(a)(2)(A)(i)(l), a criminal conviction makes it illegal for you to enter, with few exceptions.
Exceptions Made For Specific Criminal Records:
The following criminal record types do not necessarily require a US Waiver:
- - DUI type offences
- - A single simple assault
- - A single Breach, or Failure to Appear charge
If the criminal record inadmissibility exceptions don’t apply to you, don’t worry. If you are inadmissible to the US for any reason, Express Pardons can apply for, and obtain, a US Waiver on your behalf.
A US Waiver clears you for entry, so you can once again take vacations, visit family or friends, or conduct business in the US.
When the CBP approves the US Waiver package prepared by Express Pardons, you receive a letter of affirmation and I-192 (Waiver of inadmissibility) document. Both the letter and the I-192 constitute your US Waiver and must be presented when entering the US.
The US Waiver sets out the term of the waiver and the basis for approval, and are valid for multiple entries into the US for the term of the document, which is usually issued for 1 to 5 years.
The US Waiver must be renewed before expiry to maintain continuous access to the US. Waivers guarantee you the right to the same treatment as any other border crosser who is not inadmissible.
You CAN apply for a FAST or NEXUS card with a Waiver US.
Expect minor delays at the border, as US Waiver document inspections can take 5 to 10 minutes, especially the first time you enter the US.
Please note, our fee does not include the $585US cost of the waiver that you will pay directly to the US CBP.
> Read more about US Waiver eligibility
> What does a US Waiver cost?
