U.S. Waiver FAQs: How To Enter the U.S. from Canada with a Criminal Record

A U.S. Waiver is used for helping Canadians have a criminal record across the United States border without being denied entry to the USA. It is written permission by the United States Department of Homeland security that allows Canadian citizens to legally cross the border.

If you are attempting to do the same, you will want to learn everything about the U.S. Waiver and how you can acquire it. Below Pardon Applications of Canada has answered every FAQ on the subject:

How Much Does it Cost to Renew My Existing Waiver?

The cost of renewing your existing waiver is similar to the cost of acquiring your first waiver.

How Often Can I Cross the Border Once I Get My Waiver?

Once you get a valid document for U.S. waiver entry in conjunction with your passport, you are allowed to cross the border an unlimited number of times during the terms of your waiver.

If I’ve Never Entered the U.S. before, Should I Get a Pardon First?

Having a pardon is considered a positive and reformative step in Canada but it bears very little to no benefit towards your admissibility into the United States. This is because when you are asked by the Customs and Border Protection officer whether or not you have been criminally charged, then you will be obligated to answer honestly whether you are pardoned or not.

Can I Apply for a U.S. Waiver if I’m Not a Canadian Citizen?

Yes. Along with your U.S. waiver application, you could also need an additional visa application.

Are There Any Criminal Offences That Do Not Require a Waiver Before Traveling to the U.S.?

A simple assault charge or one impaired driving charge may not result in your denial when you are trying to enter the U.S. However, it entirely depends on the discretion of Customs and Border Protection Officers (CBP) when you are entering. They have the complete authority to deny any traveller based on any charge or suspicion of a criminal record.

What if I Have a Layover in the U.S. on My Way to Another Country?

Regardless of your duration to stay in the US, even just for the layover you will have to go through Customs just the same as if it were your final destination. If your criminal charges are discovered then you can be denied entry and arrested on the spot.

I’ve Crossed the U.S. Border Before with My Record. Do I Need a Waiver?

It could have been possible earlier to cross the US border when the Customs and Border Protection officers didn’t perform the history search. But now or later, they will do a more thorough check and scan of your passport. If it is found that you have criminal charges on your record then you will be inadmissible and even arrested on the spot.

Should I Get a Lawyer to Do My U.S. Waiver Application?

It depends on the choice of the application to have a lawyer or not. However, it is only best to have legal consultation by your side to build a strong case and avoid any complications. Pardon Applications of Canada offer the best consultancy in such cases and are known for having a higher rate of success,

Can I Attempt to Complete My Own U.S. Waiver Application?

You can certainly try a U.S. waiver application by pardon applications here – US waiver Pardon Applications. There is no law that suggests you use an accredited processing firm for your U.S. Entry Waiver application process. But it comes with several risks, similar to representing yourself in court. The applications have strict requirements and it requires to be done in a specific order and time frame. You can even risk getting the application rejected if you are not careful.

How Long Will it Take to Get a U.S. Waiver?

The entire process can take up to 6 to 12 months. However, Pardon Applications of Canada can significantly expedite your U.S. Waiver application processing by –

• Obtaining quick solutions if questions or obstacles arise.
• Effective management of the legal process
• Efficient processing of the application

How Long is My U.S Entry Waiver Valid For?

The validity of your U.S. Entry Waiver is determined by Customs and Border Protection, which is a division of the U.S. Department of Homeland Security. As a first-time applicant, you can get a Waiver for 1 or 2 years or if you are fortunate you can also receive 2 to 5 years. 5 years is the maximum.

Does the U.S. Know About My Criminal Record?

If you are previously charged or fingerprinted in Canada in a criminal matter then you will have a unique FPS# registered. This will contain all the information about your name, fingerprints, and criminal record. This FPS# is completely accessible by the United States.

Why Must I Get a Waiver to Travel to the U.S.?

Individuals having criminal records in Canada can not enter the U.S. legally. Even if you try, you can be arrested on the spot, barred from entry, detained, or could face confiscation of your personal property.

What is a U.S. Entry Waiver?

A U.S. waiver is also known as a “Waiver” or “I-192” is a legal document that is issued to individuals by the Customs and Border Protection (CBP) a division of the U.S. Department of Homeland Security. It awards advance permission to the applications trying to enter the United States for a fixed duration. It is mostly required by Canadians and residents with a criminal record.

 

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