Understanding the U.S. entry waiver (I-192) requirements is essential for any Canadian with a criminal record hoping to travel to the United States. Pardons Canada can help confirm your U.S. entry waiver eligibility and guide you through all of the necessary steps of the application to make sure you are well informed and prepared for the application process.
Why Do I Need a US Entry Waiver?
If you have a criminal record, no matter how minor or how long ago you were charged, you may be refused entry to the U.S. Trying to enter the U.S. without declaring that you’ve been arrested, could result in permanent ineligibility or worse – detention.
A U.S. entry waiver (I-192 form) (Advanced Permission for Admissibility) is a document that allows people who have been convicted of a criminal offence to legally enter the U.S. You may have often passed through the U.S. Immigration and Naturalization Service (INS) after answering a few standard questions about your citizenship and the purpose of your trip. You have been lucky. It is becoming more common for U.S. immigration officers to ask for identification for the purpose of conducting an RCMP computer criminal record search.
What is the U.S. Entry Waiver Process?
If you must travel to the U.S. before your Canadian criminal record is pardoned or your file is destroyed, you will need to apply for a U.S. Entry Waiver to legally enter. Essentially, you will be admitting and giving details about your criminal record to the U.S. federal government.
You will be required to submit fingerprints for certification by both the RCMP and the FBI. In addition to the basic waiver application requirements, there are many other supporting documents that could be added to your application. Approval of your application is subjective. This means that the better your application package is, the more likely you will be to have your I-194 waiver granted.
Understanding U.S. Entry Waiver Eligibility
Understanding the criteria for U.S. entry waiver eligibility is crucial for those seeking lawful entry into the United States. Some of the key factors that influence eligibility are as follows:
- Nature of the Criminal Record: The type and severity of the offence on your criminal record are primary determinants. This includes the classification of the crime, the number of offences, and the circumstances surrounding each.
- Time Since Conviction: The duration since the last conviction can impact waiver eligibility. Generally, longer periods without re-offense are more favourable.
- Rehabilitation Efforts: Demonstrated efforts towards rehabilitation, including completion of any ordered sentences, participation in counselling, or community service, can positively influence eligibility.
- Current Legal Status: Ongoing legal issues or unresolved charges in Canada can affect the decision of the U.S. authorities regarding waiver grants.
Required Documents for a Waiver
Pardons Canada provides expert advice on the U.S. entry waiver requirements, including mandatory and supplementary documents that can strengthen your application. These documents include, but are not limited to:
Fingerprints Certification:
Certified copies of fingerprints by both the RCMP and the FBI.
Court Documents:
Official records detailing your conviction, sentence, and the completion of your sentence including time served and payment of fines.
Proof of Citizenship or Residency:
Documents confirming legal status in Canada, such as a birth certificate or Permanent Resident card.
Character References:
Letters from employers, community leaders, or others vouching for your character and rehabilitation.
Employment Records:
Proof of current employment or efforts to secure employment to demonstrate stability.
Educational Certificates:
Any documents showcasing educational achievements or ongoing efforts towards personal growth.
Personal letter
a letter explaining the circumstances surrounding your offences and how you have reformed character.
E-Safe portal
Pardons Canada will assist in submitting the application to the Department of Homeland Security through the E-Safe portal.
The Role of Pardons Canada
Pardons Canada can help in the process of moving past your criminal record. Our experienced team simplifies the I-192 US entry waiver application process, offering continuous support to enhance the likelihood of a successful outcome.
Personalized Case Evaluation: Assessing individual cases to tailor strategies for waiver applications.
Eligibility and Documentation Guidance: Helping understand U.S. entry waiver eligibility requirements and prepare the necessary documents, ensuring compliance with U.S. immigration standards.
Legal Insight and Support: Offering insights into the legalities of the waiver process, especially for complex cases or previous entry refusals.
Waiver Application Management: Overseeing the submission and follow-up of the application while maintaining communication with immigration authorities and providing updates on the application status.
