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If you have been charged with a criminal offence in Canada or the United States, depending on the outcome of your criminal case, you may be denied entry to the U.S. and you may have to apply for a U.S. waiver. If you were convicted in Canada, you will still have to apply for a waiver in order to enter the U.S., even if your conviction has been “pardoned” by the Parole Board of Canada. There are other circumstances that may lead to having to apply for a waiver.

You need to apply for a U.S. entry waiver if any of the following apply to you:

  • You have been refused entry at the U.S. border;
  • You have been deported from the United States;
  • You have stayed beyond the validity of your legal status in the U.S.;
  • You have worked illegally in the United States;
  • You have been caught at the border with fraudulent documentation or prohibited drug substances;
  • You have been charged/convicted with a criminal offence in the United States;
  • You have been charged/convicted with a criminal offence in Canada.

Our immigration law group can provide you with legal advice on whether you require a U.S. waiver. If you have to apply for a waiver, we will prepare a document package that you will be taking to the U.S. border. Although there is an online filing process, we recommend that you submit the waiver application at the port of entry to the U.S.

We often assist our clients with the preparation of I-192 waiver applications. Form I-192 is an application for a specific type of waiver that allows foreign nationals who are inadmissible based on prior criminal charges/convictions to seek permission from U.S. government for their inadmissibility and enter the U.S. on a temporary, non-immigrant basis. Generally, you can only apply for an I-192 waiver if you have completed your sentence (including payment of outstanding fines and restitution), as you must successfully demonstrate your rehabilitation in the society.

If you have a criminal record in Canada that prohibits you to access employment and educational opportunities and to reintegrate into society, contact us for a consultation to find out whether you are eligible to apply for suspension of criminal records (a ‘pardon’).

The preparation of the application is time-consuming and requires a thorough approach. The waiver documentation packages that we prepare for our clients include submission letters, in which we outline our written arguments regarding the waiver eligibility for each particular case.

The initial waiver is usually issued for a period of 1 year. Subsequent waivers may be issued for up to 5 years.

We can assist you with your initial U.S. waiver application and subsequent renewals.

If you have a criminal record in Canada that prohibits you to access employment and educational opportunities and to reintegrate into society, contact us for a free consultation to find out whether you are eligible to apply for a suspension of criminal records (‘pardon’).

Our Team

Learn more about Elena Ashford.

Elena Ashford

Associate - Immigration Law