Travelling to the United States as a Canadian with a criminal record can be stressful and full of uncertainty. U.S. entry waivers and I-192 waivers provide a legal pathway to enter America without the risk of being detained or turned away at the border.
Is a US Entry Waiver Right For Me?
A U.S. Entry Waiver (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 a criminal record search.
U.S. Entry Waiver Details
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 (I-192 form) to legally enter. Essentially, you will be admitting and giving details about your criminal record to the U.S. federal government.
If you have already been turned away at the border a U.S. entry waiver is essential for re-entry. You will be required to submit fingerprints for certification to the RCMP. In addition to the basic application, there are supporting documents that Pardons Canada can help you with.
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If you have a criminal record, no matter how minor or the length of time since your arrest, 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.
Pardons Canada can help.
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Pardons Canada can help you determine the required next steps, taking into account the date and nature of your offence, the current U.S. sentiment and practices, and your situation.
Attaining A US Entry Waiver Makes Crossing The Border Possible
You’ve decided to travel to the United States for a vacation, but having a criminal conviction from your past can lead to being denied upon entry to the U.S. Without a U.S. entry waiver (I-194 or I-192), you face being turned back, and being made permanently ineligible for returning. Or worse, you may even be imprisoned. Even if you have been charged with a criminal offence and the charges were later dismissed, withdrawn, stayed or discharged, you could still be denied entry to the US as the Americans don’t recognize absolute or conditional discharges.
The experience of being denied entry can be humiliating. At this point, you will be notified that you will need to obtain a US Entry Waiver (I-192 or I-194) if you want to enter the U.S. again. You might be fingerprinted or photographed and have your information downloaded to an FBI file, leading to further questioning.
A US entry waiver application is something you must do in order to travel to the United States if you have a criminal conviction from your past.
What is a U.S. Entry Waiver Application?
A U.S. entry waiver (Advanced Permission for Admissibility) is simply a document that allows someone who has been convicted of a criminal offence to legally enter the U.S.
If you need to travel to the United States before your Canadian criminal record is pardoned or destroyed, you must apply for a US Entry Waiver (I-192 or I-194) to legally enter – essentially admitting to your offence and providing the details about your criminal record to the US federal government.
Please be aware that you may have entered the US before by answering a few standard questions about the purpose of your trip. Since June 2009, the US has required every Canadian to have a passport to cross the border, making it easier than ever before to pull up criminal records. Therefore, applying for a US Waiver is a necessity, not an option, if you do not want to face serious legal consequences at the US border.
The U.S. Entry Waiver Application Process
When completing your U.S. entry waiver application, you will be required to submit fingerprints that will be certified by both the RCMP and the FBI. Beyond the basic U.S. Waiver application, you can add a variety of other supporting documents that can make your application stronger.
Approval of your U.S. entry waiver application is not a given. The more thoroughly and convincingly you make your case, the better your chance of having your US Waiver granted.
For your best chance at getting into the United States, you need the help of the experienced team at Pardons Canada. We are a national non-profit organization that assists people in removing past criminal offences from public records and helping with U.S. entry waivers.
The process of getting a U.S. entry waiver can be lengthy and complicated – you need proven experience on your side. To find out how we can help you get your U.S. entry waiver, contact us today. At Pardons Canada, we have more than 32 years of experience in taking all of the necessary steps for removing criminal records, including: pardons/record suspensions, purges, photograph and fingerprint destruction, and US Entry Waivers.
U.S. Entry Waiver FAQ
For other questions you might have, be sure to visit our dedicated FAQ page, where we address some of the most common questions to give you a clearer understanding of the waiver process.
What is the difference between a U.S. entry waiver and an I-192 waiver?
A U.S. entry waiver is primarily for those with criminal records, whereas an I-192 Waiver addresses a broader range of inadmissibility reasons, including immigration violations and other non-criminal issues.
How long does an entry waiver remain valid?
The validity of an entry waiver can vary, typically ranging from one to five years. The specific duration is at the discretion of the U.S. authorities and is based on individual case assessments.
Can I apply for a waiver if I have multiple offences on my record?
Yes, you can apply for a waiver even with multiple offences. However, the nature and severity of the offences may impact the decision of the U.S. authorities.
