US Waiver of Inadmissibility

US entry waivers (Applications for Advance Permission to Enter as Nonimmigrant) allow people who have been convicted of a criminal offence to legally enter the United States. They last for up to 5 years, after which time they must be renewed. Inadmissibility to the United States can affect your personal freedom and excludes you from trusted traveller programs like NEXUS, the Global Entry Program and the FAST pass. If you are Canadian, or a typical non-immigrant traveling to the US, you can apply for a US entry waiver either by contacting us or by applying through US Customs and Border Protection. The application is available from US Citizenship and Immigration services but must be submitted to US Customs and Border Protection before you travel.

Please note: the US Entry Waiver application is a complicated process that only those otherwise inadmissible to the United States must complete. If you are looking for the US Visa Waiver Program you should see this US CBP page.
 

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Immigroup is a private company. We are not the government. The US Visa Entry waiver application can be found for free on US CIS's website. Applying with a private company such as Immigroup entails service fees in addition to the US$575 fee charged by the US government. An experienced immigration practioner will discuss your case with you, advise you if you able to apply for an entry waiver or huamanitarian parole, and instruct you as to which documentation you need to provide to US CBP. They will also assist you with drafting any statements required of you, and discuss how, when and where to apply for the entry waiver.

Quick Index

About US Waivers

You may need a waiver to enter the United States if you have a criminal record in another country, which is logged in the United States law enforcement databases. Some people find that on occasion they can enter into America without being refused, yet on other occasions they may be barred entry. This inconsistency occurs when busy border guards do not have the time to run records checks of every visitor screened at the immigration kiosks. If you are inadmissible to the United States and you do attempt to cross the border, you are committing a serious offence, which can result in the confiscation of your vehicle, criminal charges and even jail sentences. Anyone who is travelling with you can also face stiff penalties for aiding and abetting a criminal. This can lead to them becoming inadmissible too. If you have a criminal record or immigration violations in Canada and intend to cross the border, you may need a Canadian Pardon as well.

Our Service

If you have been denied access to the United States on the grounds of inadmissibility, an entry waiver will help you regain entry. Immigroup Inc. processes all of the essential documents necessary for you to obtain your waivers. We carefully check your application and ensure that it is correctly filed with the right supporting documents. If you are unsure as to whether you need to apply, call our office and speak to one of our agents.  

US Waiver Fees

Our service for a US entry waiver requires a retainer. Please see our terms and conditions for more information.

Government fee: $585.00 USD

Cancellation fee: $42.50 CDN (minimum)

Our fees include

- $25.00 RCMP fingerprint certification charge
- $50.00 fingerprint fee
- Goverment Fee
- Disbursements

US Waiver FAQ's

What is a US waiver?

A US entry waiver is actually the common name for two types of applications to enter the US:

• the application for advance permission to enter as non-immigrant for most non—immigrants (i.e. travelers) AND
• the application for waiver of grounds of inadmissibility for immigrants and some special types of non-immigrants

These two forms are for different classes of immigrant and non-immigrant who are inadmissible to the US for the same reasons. Travelers to the US who are considered inadmissible need to apply for advance permission to enter as a non-immigrant, which is called a US entry waiver in every day language.

Why would I need a waiver?

There are many reasons why US Customs and Border Protection (CBP) may deny someone entry into the United States. These include but are not exclusive to infection with certain communicable diseases; criminal records for “crimes of moral turpitude,” two or more convictions (regardless of the crime) with sentences totalling 5 or more years, drug possession and trafficking, money laundering, and serious criminal activity with immunity from prosecution; security violations; and immigration violations, such as overstaying a visa; involvement of any kind in the international trafficking of minors.

If you have a criminal record, but you committed the crime you were convicted of under the age of 18, or you were convicted on purely political grounds, you are not considered inadmissible because of your record and you do not need this waiver.

Who is eligible for a waiver?

Certain types of “non-immigrants” are eligible provided they meet a set of guidelines. Non-immigrants are people seeking to enter the US for purposes of business or travel rather than immigration. Non-immigrants who would not normally require a visa to travel to the US (citizens from “Visa Waiver Program” countries and Canadians usually do not require visas, for example) and non-immigrants who had previously acquired an entry visa through their appropriate documentation but have since been deemed inadmissible may both be eligible for a waiver of inadmissibility. However, it depends on the grounds of inadmissibility. You must demonstrate to the satisfaction of Customs and Border Protection (CBP) and the US Citizenship and Immigration Services that you are no longer a risk to the security of the United States.

Note: anyone who falsely claims US citizenship for the purpose of obtaining benefits of US citizenship is ineligible for a waiver of inadmissibility.

If my charge was withdrawn or suspended, do I still need a waiver?

No, however you will need to show court documents that verify that this is indeed the case. To order court documents, submit an application to the court that tried your case.

What limitations does a waiver have?

It only allows a person to visit America for a specified period of time; however, waivers can be used multiple times right up until they expire. If you are planning to stay in America for longer than 3 months there may be additional forms that must be completed and notarized, and then attached to your application.

When can I apply for a waiver?

You can apply for a waiver at any time. It takes 6 months to one year to obtain one.

If I have been granted a Canada Pardon do I still need a waiver?

Unfortunately yes, as the United States Customs does not recognize a Canada Pardon.

How do I apply for a waiver?

• You must complete US immigration form I-92 (advance permission to enter as non-immigrant) and provide evidence of your citizenship. You must complete form G-325 (biographical information). If you are applying with help from a lawyer or a firm such as Immigroup you must also complete form G-28 or form G-28i.
• You will be fingerprinted by a CBP official on finger print card FD-258 at the time of the submission of your application unless you are a Canadian citizen or permanent resident, and then you can submit your fingerprints to the RCMP on form C216C.
• If you have a criminal record, you must provide a copy of your criminal record and you must provide a copy of the official court record from the court of conviction for every criminal offence of which you have been convicted. You must submit a statement in your own words describing each conviction and sentencing and provide evidence of your “reformation of character or rehabilitation.”
• If you have been found inadmissible for immigration violations, you must provide evidence of
  • Current employment in your country of residence
  • Previous US employment
  • Immediate family residing in the United States
  • Current or previous business investments in the US
  • “Any and all ties” to your country of current residence

These must be submitted by you in person at a US port of entry. (If you are Canadian, there are “preclearance” centres in Canada where the application may be submitted in person).

How long does it take to process a US Waiver application?

Due to delays in acquiring RCMP-certified records from Ottawa, Waiver applications now take between 6 to 8 months to assemble. If fingerprints are taken in one of our offices, they will be biometrically scanned. This will drastically reduce RCMP processing time to approximately 3-4 months. Another 6 to 12 months of processing time should be expected for a decision to be rendered by the U.S. Customs and Border Protection office.

Can a waiver application be denied?

Yes, if you are deemed to be of a high risk to re-offend, your application will be denied.

Does your tracking system track applications after they have been received by a U.S. Customs or Homeland Security office?

No, once an application is received by any U.S. Customs or Homeland Security office, we cannot track your file.

What is moral turpitude?

Moral turpitude is a concept in US law that is part of the classification of certain criminal offences. It is tied to the nature of the crime committed, rather than the specific acts of a particular case. Moral turpitude is thought to exist in specific types of crimes (provided a conviction has been reached) regardless of testimony or evidence provided at the trial. Therefore providing evidence from a criminal proceeding is not accepted as proof that the criminal act(s) did not involve moral turpitude.

What types of crimes are considered “crimes of moral turpitude” in the US?

There are three types of criminal offences which involve moral turpitude for immigration purposes under US law: crimes against property, crimes against government authority and crimes against persons. This list is not exclusive.

• crimes against property considered crimes of moral turpitude include:
  • any form of fraud including intent to defraud
  • arson and malicious destruction of property
  • blackmail, embezzlement, extortion and forgery
  • burglary, larceny, robbery, theft, and receiving or transporting stolen goods with fore knowledge
• crimes against government authority considered crimes of moral turpitude include:
  • bribery, perjury and harbouring a fugitive with knowledge
  • counterfeiting
  • fraud committed against the government and tax evasion
• crimes against persons considered crimes of moral turpitude include:
  • wilful abandonment of a minor or contributing to the delinquency of a minor, kidnapping
  • adultery, bigamy, gross indecency, lewdness
  • certain types of assault: with intent to kill, with intent to rape, with intent to rob, with intent to commit serious bodily harm, with a deadly/dangerous weapon, mayhem (permanently disabling someone)
  • incest involving statutory rape, rape and statutory rape
  • manslaughter
  • murder
  • pandering/procuring and prostitution

Some of these crimes may not actually be criminal offences under US law but US immigration reserves the right to deny entry for convictions on all of the above as well as other offences. You must have been 18 or over at the time of the commission of the crime for it to be the basis of your inadmissibility.

So-called political offences crimes are not considered a basis for inadmissibility.

I am inadmissible on criminal grounds. Can I get a waiver?

That depends on the reason for your inadmissibility. You are eligible if

• if you were convicted of a crime of moral turpitude or you have two or more convictions (for all crimes except political ones) with sentences totalling five or more years
• your drug conviction was for 30 grams or less of marijuana
• you received immunity from prosecution for cooperating with authorities

Then you must demonstrate the following:

• at least 15 years have elapsed since the event/ activity and you have evidence of your reformation of character and rehabilitation
• OR you are inadmissible ONLY because of “participation in prostitution” and have evidence of rehabilitation
• OR your immediate US citizen/permanent resident family member will suffer extreme hardship if you are not allowed entry
• OR you are applying under the Violence Against Women Act (VAWA)

Meeting these conditions does not automatically mean you will be approved for a waiver of inadmissibility. Certain violent or dangerous crimes may still be considered grounds for inadmissibility unless there are “extraordinary circumstances,” determined on a case by case basis.

What is extreme hardship?

Extreme hardship is a term which helps Customs and Border Protection personnel decide whether or not to admit otherwise inadmissible relatives of US citizens, permanent residents and sometimes even immigrant visa holders. The applicant must demonstrate that the denial of their application will result in their US citizen/permanent resident family member suffering. This must be demonstrated through certain evidence including but not exclusive to the following:

• proof of the family relationship (including birth certificates, marriage certificates) to the US citizen(s)/permanent resident(s)
• the US citizen(s)/permanent resident(s)’s family ties outside the United States
• conditions in the country the applicant would be forced to relocate to if the application was denied, and the US citizen(s)/permanent resident(s)’s family ties to that country
• financial impact on the US citizen(s)/permanent resident(s) if the application is denied
• significant health conditions and what kind of treatment is available in the country of relocation
• the impact separation has on the family
• any other conditions impacting quality of life of the US citizen(s) / permanent resident(s), such as technical skills

If this evidence is provided, the applicant may be deemed admissible, on a case by case basis.

What kinds of diseases make you inadmissible?

Infection with diseases such as tuberculosis, infectious leprosy, and certain STDs such as chancroid, gonorrrhea, donovanosis, Durand-Nicolas-Favre disease and syphilis are all considered grounds for barring entry. Other communicable diseases may be included at various times by the US Department of Health. You may also be denied entry for refusing vaccinations or for physical or mental disorders which have resulted in harmful behaviour.

I am inadmissible on health grounds. How can I get a waiver?

You may be granted entry if you are an immediate family member of a US citizen or US permanent resident/US immigrant visa holder, or the fiancée or child of a fiancée of such. You may also be granted entry if you are applying for a waiver of inadmissibility under the Violence Against Women Act (VAMA).

Those applying for a waiver with physical or mental disorders which pose some kind of harm to US citizens must also submit a complete medical history. Those applying who have refused vaccinations must demonstrate to the satisfaction of CBP and USCIS that you are opposed to all vaccinations in any form and that this opposition stems from sincere religious beliefs or moral convictions.

What is a security violation?

For the purposes of inadmissibility, a security violation involves a person whose behaviour or membership in an organization is believed to threaten the United States. Security violations include

• committing or intending to commit espionage, sabotage or terrorism
• endangering US foreign policy
• voluntary membership in a totalitarian political party (such as the Communists or Nazis) or in a terrorist organization

What is an immigration violation?

There are a number of different kinds of immigration violations.

• Entry Without Inspection (EWI): someone who has entered the United States without being properly admitted at a port of entry, regardless of whether they have been in the US before
• Overstaying a visa
• Attempting to re-enter after having been deported or given expedited removal

If a person’s unlawful presence in the United States was more than 180 days but less than a year, and they left the United States voluntarily, then a person is inadmissible for three years. If a person leaves the US voluntarily after unlawful presence of more than a year, then they are inadmissible for ten years (3 year/10 year bar). In both cases, the person may be eligible for a waiver provided they have not committed other immigration violations. Returning to the US through EWI after leaving the US voluntarily, for example, may result in the waiver being denied. Attempting to re-enter the US after being deported also makes one ineligible for an entry waiver. Anyone who falsely claims US citizenship for the purpose of obtaining benefits of US citizenship is ineligible for a waiver of inadmissibility.

I am inadmissible because of immigration fraud/an immigration violation. Can I apply for a waiver?

You are admissible if you can demonstrate that your US citizen/US permanent resident immediate family member would experience “extreme hardship” if your application was denied. You may also be eligible under the Violence Against Women Act (VAWA).

I was a member of a totalitarian political party. Am I eligible for a waiver?

If you can demonstrate humanitarian reasons (for example, reunification of a family) then you may be eligible.

I am inadmissible because I engaged in human trafficking. Can I apply for a waiver?

You may be eligible if you can demonstrate humanitarian reasons (maintaining family unity) but you must have only been involved in the human trafficking of an immediate family member. Additionally, you must either be seeking admittance (or adjustment of status) on the basis of US citizen immediate family OR you have already resided in the US as a legal permanent resident and you left voluntarily (i.e. you were not subject to deportation).

If you were subject to a “final order” (with no accompanying civil financial penalty) because you committed document fraud to help an immediate family member ONLY you may be eligible provided you are seeking admittance on the basis of US citizen immediate family OR you have already resided in the US as a legal permanent resident and you left voluntarily before the “final order” was used as grounds for deportation.

What if I have a combination of factors keeping me out of the US? For example, what if I have a criminal record and a communicable disease? Do I have to apply for separate applications for waivers?

If CPB has deemed you inadmissible for more than one reason, you do not have to submit separate applications but you do need to describe all reasons why you were considered inadmissible on your application. The waiver, if granted, is only good for the grounds on which you applied. If you don’t include one or more grounds, you could be denied entry despite having a waiver of inadmissibility.

What is the 3-year/10-year bar?

If someone was unlawfully present in the United States for between 180 days to one year, they are normally inadmissible for three years. If someone was unlawfully present in the United States for more than a year, they are normally inadmissible for ten years.

Can I waive my inadmissibility before the 3-year/10-year bar?

If you can demonstrate that your US citizen/permanent resident immediate family member would experience “extreme hardship” then you may be eligible. If you are applying for a visa as a victim of human trafficking, you may also be eligible.

How can I apply for a waiver of inadmissibility on the basis of the Violence Against Women Act?

In order to apply for an entry waiver through the Violence Against Women Act (VAWA), you must be deemed inadmissible under any of the criteria and then you must demonstrate a connection between the battery or extreme cruelty and the reason for your inadmissibility. Most applications for waivers through VAWA involve women deemed inadmissible because of immigration fraud/violations. In this case, you must demonstrate the connection between the battery or extreme cruelty and your unlawful presence in the United States and your departure (or removal) and/or your unlawful or attempted unlawful return to the United States.

What is Temporary Protected Status?

Temporary Protected Status (TPS) is a temporary designation for nationals of a country experiencing an emergency (for example, civil war or natural disasters) which allows these nationals to work and travel to and from (with travel authorization) the United States while they cannot return safely to their country or the country cannot safely handle their return. TPS does not involve any other kind of immigration status and is not lead to becoming a US permanent resident. However, it does not prevent the holder from applying to obtain an immigration visa.

I have been deemed inadmissible but my country/nationality has been given TPS. Can I apply for a waiver?

Anyone deemed inadmissible but from a TPS country can apply for a waiver by demonstrating humanitarian, family unity or public interest grounds.

I renounced my US citizenship to avoid paying taxes. I am eligible for an entry waiver?

No. Wilfully avoiding income tax is one of the few grounds which cannot be waived even with demonstration of extreme hardship or other special case applications.

What is the US Visa Waiver Program?

The US Visaw Waiver program allows nationals of the below countries to travel to the United States without a visa. Nationals must still get prior approval to travel to the US through either ESTA, the Electronic System for Travel Authorization, the web portal through which members of VWP countries apply for permission to enter the United States, or by completing a form at a port of entry. If you are a citizen of any of the following countries, you should apply through ESTA:
 

If you are not able to use ESTA, then you may be able to apply for a US visa.