Guide to US Entry Waiver for Canadian Travellers

Aug 15

3 min read

Traveling to the United States is a common desire for many Canadians, whether for business, leisure, or visiting family and friends. However, certain Canadians may find themselves inadmissible to the United States due to past criminal convictions or other legal issues. For those individuals, a US Entry Waiver provides a legal pathway to enter the country. This comprehensive guide will explain what a US Entry Waiver is, why it is needed and the process for applying for US travel waiver.

What is a US Travel Waiver?

A US Entry Waiver, also known as a Waiver of Inadmissibility, is a document issued by the US Department of Homeland Security (DHS) that allows individuals who are otherwise inadmissible to legally enter the United States. This waiver temporarily lifts the grounds of inadmissibility, enabling Canadian travellers to cross the border for a specific period.

Why is a US Entry Waiver Needed?

Certain legal issues can make a Canadian inadmissible to the United States. These issues include:

Criminal Convictions
- Felonies: Serious crimes such as murder, assault, and drug trafficking.
- Misdemeanors: Less severe crimes, including theft, fraud, and drug possession, can also result in inadmissibility.
Immigration Violations
- Overstaying a Visa: Staying in the US beyond the permitted period.
- Illegal Entry: Entering the US without proper documentation or authorization.
Health-Related Grounds
- Communicable Diseases: Having certain infectious diseases can result in inadmissibility.
- Lack of Vaccination: Not having the required vaccinations may also pose a problem.
Security and Terrorism Concerns
- Terrorist Activities: Involvement in or support of terrorist activities.
- Espionage: Conducting espionage against the United States.

The US Travel Waiver Process

Obtaining a US Entry Waiver involves several steps, each requiring careful attention to detail. Here's a detailed guide to the process:

Step 1: Determine Eligibility

Before starting the application process, ensure that you meet the eligibility criteria for US Entry Waiver. This includes having completed all sentences, paid all fines, and demonstrated good behavior since the conviction or violation.

Step 2: Gather Required Documents

Collect all necessary documents to support your application. This typically includes:

Criminal Record: Obtain a copy of your criminal record from the RCMP.
Court Documents: Collect documents related to your conviction(s) and sentence(s).
Personal Statement: Write a detailed personal statement explaining your offense(s), rehabilitation efforts, and reasons for wanting to enter the US.
Letters of Reference: Gather letters from employers, community leaders, or other respected individuals attesting to your character and rehabilitation.

Step 3: Complete the Application Form

Fill out the I-192 Form, Application for Advance Permission to Enter as a Nonimmigrant. Ensure all information is accurate and complete to avoid delays or rejections.

Step 4: Submit the Application

Submit your completed application form, along with all supporting documents and the application fee, to the US Customs and Border Protection (CBP). You may need to schedule an appointment at a designated CBP office.

Step 5: Attend an Interview

In some cases, you may be required to attend an interview with a CBP officer. Prepare for the interview by reviewing your application and supporting documents, and be ready to discuss your case in detail.

Step 6: Wait for a Decision

The processing time for a US Entry Waiver can vary, typically taking several months to over a year. During this time, the CBP will review your application and conduct any necessary background checks.

Step 7: Receive Your Waiver

If your application is approved, you will receive your US Entry Waiver, which will specify the period during which you are allowed to enter the United States. Waivers are typically valid for one to five years and can be renewed.

For Canadians with past criminal convictions or other legal issues, obtaining a US Entry Waiver is essential for legally entering the United States. The process involves several detailed steps, including determining eligibility, gathering required documents, completing the application, and possibly attending an interview.

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