Learn More About U.S. Entry Waivers

A U.S. Entry Waiver is a legal document granted by the U.S. Department of Homeland Security which “waives” a person’s inadmissibility into the U.S.  One might be inadmissible due to a criminal record in Canada or the U.S., or because they were denied entry to, or deportment from, the U.S., for any number of reasons.

If you have a Canadian criminal record, you may not be allowed to enter the United States.  When you attempt to enter the United States, you become subject to the laws and regulations of that state.  Unfortunately, according to U.S. immigration law, most types of criminal convictions make it illegal for you to enter.

Fortunately, if one is inadmissible for any reason, we can apply for and obtain a US Entry Waiver on their behalf. The Waiver clears you for entry so you can start making vacations plans or take advantage of that great business opportunity in the U.S.

Some types of criminal records in Canada will not prevent you from entering the U.S.  Any conviction that is a crime of “Moral Turpitude”, according to the U.S., will prevent you from entering.  Most types of offences, including fraud and theft, fall under this category.  However, other common charges such as Driving Under the Influence (DUI) and simple assault, should not prevent you from entering the U.S.

Waiver Process:

Pardon Services Canada compiles the necessary personal information.  We then create a computer file specific to the client’s case and circumstances, and prepare the appropriate legal documents for signature.  These documents constitute the application that is sent to the Department of Homeland Security (DHS) for processing.  PSC’s expertise and years of experience help us to build a very strong case for entry.  There will be documents we will require; however, the process is made as straightforward as possible.

Typical Waiver Requirements (This list is not exhaustive):

  • Criminal Record
  • Court Information
  • Fingerprints
  • Photographs
  • Reference Letters
  • Personal Statement
  • Doctor's Letter
  • Employer Letter
  • Filing Fee of USD$545.00

The requirements for a waiver are different at each DHS and related U.S. Customs Office.  We will advise the client of the appropriate U.S. DHS office and their requirements, and we will guide you through them.  Once all the documentation and letters are collected, we will review the application for completeness and petition the US DHS district office for the waiver.

Normally, a Waiver takes six to ten months from the time the application is filed with the DHS.  It is required that the applicant be fingerprinted by the DHS at the point of entry, and that a payment be made directly to the DHS in the amount of USD$545.00.

Eligibility for a Waiver:

The granting of a waiver is based on three elements:

  1. The risk of harm to the U.S. if are admitted.
  2. The seriousness of the offence(s).
  3. The stated purpose for entering the U.S.

We build the case to address these concerns, presenting the client in the best light and giving the best possible chance at a long term waiver.  However, a waiver is granted at the discretion of the U.S. Immigration officer reviewing the application, and is not guaranteed.  Waivers are granted for periods ranging from one to five years.  Applicants receive their waivers directly at their residence, so they can begin to travel immediately.

Renewing a Waiver:

If one wishes to maintain uninterrupted access to the U.S, an application for renewal must be made well in advance of the current waiver expiry.

Waiver renewals are similar to regular waiver applications, except that they do not have the same requirements for supporting documentation.  Applying for a waiver renewal carries with it some additional benefits.  As a valued, repeat client, Pardon Services Canada offers renewal applicants a reduced service fee to complete a waiver renewal.  For renewal of an US Entry Waiver, please do not hesitate to contact our office toll free; 1-866-972-7366


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