I Was Denied Entry to the United States.

Did you know that even a small or old criminal conviction against you can cause you to be denied entry to the United States? This can happen to you even if you are a Canadian citizen with a valid Canadian passport. If you have a criminal record of any kind, you can be turned away at the border. 

If you are denied entry to the US, have already been denied entry to the US or worry that you will be denied entry to the United States because you know you have a criminal record, don’t panic. You could be eligible to apply for a United States waiver of inadmissibility. To do so, you will be scrutinized heavily and the following will be considered:

1. Why you want to enter the United States.

2. The risk of harm to the United States if you are allowed in.

3. How serious your criminal offences were.

How do I obtain a US waiver of inadmissibility?

Obtaining a United States waiver of inadmissibility is a multiple-step process.

1. You must obtain all of the information about your criminal case for your application, starting with an RCMP certificate. In addition, you will require court records of the offence and must prepare a personal statement about your offence and the circumstances surrounding it.

2. You will need to obtain and fill out two forms to apply for a United States waiver: the G-325A Biographic Information form and the I-192 Application for Advance Permission to Enter as a Nonimmigrant.

3. You will need to gather supporting documentation that includes documents that demonstrate your strong ties to Canada and prove that you will leave at the end of your visit.

4. It is recommended that you provide up to three character references.

5. If your criminal record is in any way related to drugs, you will require a clearance certificate from your doctor after passing a drug test.

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.