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U.S. Visa Waivers of Inadmissibility

Do you want to travel to the United States for work or vacation - but have a criminal charge or conviction in your past, even 30 or 40 years ago?

Today, criminal records are digital. Historically, records were on microfiche. Now, Canadian and U.S. immigration agencies are sharing electronic criminal data. As a result, your file can be flagged at the border, even if you haven't been charged yet or have not been convicted.

American Customs and Border Protection Officers have broad discretionary powers and if you present yourself at the border with a criminal record, regardless of the nature of the crime you committed, you may be refused entry and asked to submit a Waiver of Inadmissibility Application to the Department of Homeland Security before attempting to travel again.

What Is A Waiver of Inadmissibility?

A U.S. Visa Waiver of Inadmissibility can be issued for a time frame of one, two or five years depending on a number of factors, which include: the justification for requiring the waiver, the seriousness of the crimes that resulted in the inadmissibility and the amount of time that has passed since the conviction(s) occurred, etc. Where a Waiver is granted, a person can visit the United States multiple times during its duration, however, if a planned stay exceeds more than three months at one time, additional forms may need to be completed and submitted with the application.

Podcast: Overcoming Criminal Inadmissibility to Enter Canada or the United States

The process of applying for a Waiver of Inadmissibility is time and labour intensive. Details on the application process can be found by looking at the U.S. Citizenship and Immigration Services’ website under the headings “I-192 Applications for Advanced Permission to Enter as a Non-Immigrant”, “I-601, Application for Waiver of Grounds of Inadmissibility” and “I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal”. The application process can take up to a year and there is an application fee attached to each application regardless of whether or not you are successful.

Within the Canadian immigration system, the standards that such applications are held to is extremely high and an incorrectly completed form or missing document could result in an entire application being rejected. For this reason, you should seek the assistance of a qualified U.S. immigration attorney to assist you through the application process.

Episode 4: Overcoming Criminal Inadmissibility to Enter Canada or the United States

Show Notes: One of the most stressful issues for people traveling to Canada or the United States is criminal inadmissibility. DUIs, an assault, possession of marijuana convictions ...

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Criminal Inadmissibility to Enter Canada or the U.S.: Facebook Live May 21

Immigration Lawyer Evelyn Ackah Answers Your Questions about Criminal Inadmissibility to Enter Canada or the U.S.: Your Options Including U.S. Visa Waivers, TRPs and Rehabilitation ...

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6 Months In: What Employees Who Travel Between Canada and the U.S. Need to Know About Cannabis Legalization

Canada legalized the recreational use of marijuana 6 months ago, in October 2018. Employees who travel between Canada and the United States continue to have concerns about how legalized ...

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How Marijuana Impaired Driving Penalties Can Result in Deportation from Canada

Canada legalized the recreational use of cannabis in October 2018, and on December 18, 2018, Canada enacted new impaired driving penalties and the maximum penalty for most of these ...

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How to Enter Canada If You've Been Convicted of Marijuana Use or Related Crimes

The headlines are frequently featured U.S. entertainers such as comedian Russell Brand, actors Wes Brantley and Lindsay Lohan, rappers DMX and Kodak Black, or actor who has been ...

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Medical Conditions That Can Prevent You From Entering Canada

There are medical conditions that can make someone medically inadmissible to enter Canada and live in Canada on a permanent basis. On June 1, 2018, IRCC made significant changes to ...

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Featured Resource

Calculate Your Express Entry Score

Are you qualified to move to Canada? Express Entry is Canada's skilled-worker immigration application process for high-skilled foreign workers and international students who ...

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