Waiver FAQs
What is the U.S. Entry Waiver?
The U.S. Entry Waiver constitutes an I-194 Notice of Approval of Advanced Permission to Enter as a Nonimmigrant and an accompanying cover letter issued by the Director of the Admissibility Review Office, Customs and Border Protection, or occasionally from an Area Port Director or Field Director.
The principle document used to obtain the waiver is the U.S. immigration form I-192 Application for Advanced Permission to Enter as a Nonimmigrant, as well as other supporting immigration documents. Along with these documents, the waiver includes a variety of supplementary documentation, some required, some not, which are designed to build a strong case for entry.
The waiver package must convince U.S. Customs and Border Protection that the applicant is a low risk to American society and that the applicant has a reasonably compelling reason to enter the U.S. This is the job Express Pardon takes on with unrelenting commitment. Why not take the last step towards your personal freedom.
The U.S waiver contains the follow terms and conditions of approval:
"You are granted multiple entries into the United States at various ports of entry as a visitor for business and pleasure for a period of stay to be determined by the admitting officer, provided that you are not inadmissible to the United States under any other section of the law other than Section 212(a)(2)(A)(i)(I) of the Immigration and Nationality Act, as amended." - Michael D. Olszak, Director, Admissibility Review Office
What makes me inadmissible to the Unites States of America?
It is not always clear what offences are grounds for denial to the United States, because U.S. Border Protection occasionally denies entry to Canadians who are legally admissible, and likewise allows entry to Canadians who are legally inadmissible.
In general, you might be denied entry
- if you have a communicable disease,
- if you have a criminal record for crimes of moral turpitude (18 or older),
- for possession of or trafficking in a controlled substance,
- if you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
- if you have trafficked in persons,
- or if you have been previously removed (deported) or have overstayed a previous period of admission to the U.S.
A crime of "Moral Turpitude" is a crime which demonstrates the potential lack of moral character of the person who commits such an offence. Generally speaking, a minor crime of passion or poor decision making, such as a domestic assault or drinking and driving, will not constitute Moral Turpitude. Crimes of theft and fraud, crimes of a sexual nature, crimes involving significant physical violence and any crimes involving drugs, all constitute grounds for inadmissibility into the U.S.
You are also inadmissible to the United States if you have a U.S. criminal conviction, or if you have been deported from and/or otherwise banned from re-entering.
If you wish to know if your offence is grounds for Inadmissibility, contact our experts for a free consultation.
Are there any restrictions on a waiver?
By United States regulation 8CFR 212.4 (3)(iii), a waiver may be valid for a maximum of five years. A waiver offers you the same rights to entry as is afforded any other foreign alien that does not have a criminal record or other bases of inadmissibility. When entering with a waiver document, you must have the documents available in order to ensure entry.
What if I am hassled at U.S. border every time, but not denied entry?
If you are repeatedly subjected to secondary screening, denied boarding, told you are on a federal watch list, or you are otherwise hassled at the border when entering, Express Pardons can seek a resolution on your behalf. Express Pardons will petition the United States government for Traveler's Redress. When successful, we can clear the Customs and Border Protection system of troublesome files so you can travel in freedom. If you seek more indepth details, we suggest you contact our representatives through a free consultation for further explanation.
