Do I need a Waiver to enter the United States?

A US waiver is a way of getting around your inadmissibility to the United States if you are a Canadian or other foreign national who has or who will likely be denied entry to the US. Not every reason for inadmissibility qualified for a waiver, for example those who are inadmissible because of national security reasons or participation in genocide or human rights violations do not qualify. But someone who is inadmissible because of a Canadian criminal record could qualify. Applying for US waivers of inadmissibility

When you apply for a United States Waiver, the United States will consider why you want to visit the US, the seriousness of your criminal record or reason for inadmissibility, and whether there is a risk of harm to society if you are allowed in.

In order for the United States to be able to consider all of this information, you must create an application package.

Applying for a United States waiver of inadmissibility

An application for a US waiver includes two application forms, the G-325A Biographic Information form and the I-192 Application for Advance Permission to enter as a Nonimmigrant. These application forms must be filled out completely and accurately, without leaving anything out.

In addition to these two forms, there are a number of supporting documents that are needed for this application. Some of these supporting documents are different depending on your personal situation, for example you could need to provide notice from a doctor that you’ve passed a drug test if you have a criminal conviction for drug offenses. In addition, you will need to have documentation that shows information about your ties to Canada, including but not limited to information about your Canadian assets, your family living in Canada and your employment in Canada.

The United States will also need information about your crime, which can include an RCMP certificate, character references, local court records and a personal statement by yourself about the crime and the events leading up to it.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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