14 Jun U.S. travel waivers are not easy to do on your own
Do you have a criminal record for which you have not received a pardon (now known as a record suspension)? STOP and read this before you attempt to travel to the United States!
Persons with a Canadian criminal record may be required to provide one of the following in order to legally enter into the United States:
- A United States Entry Waiver, which waives your inadmissibility into the US; or
- Evidence that you are not in fact inadmissible. For example, proof that the offense actually occurred when you were under 18 and was not considered a crime of moral turpitude; such proof may not be sufficient, but gray areas can exist.
Obviously, since Option 2 is as vague as the interpretation of the law itself, you are better off with Option 1: applying for a travel waiver so you can legally enter the United States without hassles.
How do I know whether I am admissible or not?
Knowing your eligibility to cross the border is the very first step in the process and an essential one, if you are to avoid mistakes. There are many reasons why you might be deemed inadmissible into the United States, including reasons of health (such as having a contagious disease) and immigration (not having the proper documentation). For the purposes of this article, we’ll talk about the criminal record.
Put simply, you are deemed inadmissible if you have been convicted of, or received a discharge for, a ‘crime of moral turpitude’ such as burglary, prostitution or counterfeiting, or anything involving a controlled substance. ‘Moral turpitude’ covers a very broad list of crimes that can carry a wide range of sentences; the archaic term refers to “an act or behavior that gravely violates the sentiment or accepted standard of the community.”
What happens if I take the risk?
Of course, you can try to enter the US and hope for the best: you won’t be stopped for a random check, the border guard will have mercy on you once she hears your explanation…we’ve all heard of people who made it over many times before they were finally turned back. Once discovered, however, you can legally be:
- Arrested or detained
- Have your vehicle seized
- Permanently banned from passing into, through or over the US, even enroute elsewhere
- Refused entry, even if it’s for needed medical treatment or legitimate job travel
…To say nothing of the embarrassment and despair you may feel at having your travel plans – and those of your travelling companions – totally kiboshed. Having to explain to your boss, family or friends why you won’t be coming after all, and how you lost all the money you prepaid for hotel and air fare, certainly isn’t pleasant.
Ready to apply for a US Travel Waiver?
The Unites States entry waiver is basically a get-out-of-jail free card – no exceptions. Once you have paid the fees, and been approved, your waiver will get you into the US for the proscribed period, few to no questions asked. There’s always a catch, though…in this case, the catch is the complexity of the documents involved. Just as you wouldn’t think of representing yourself in court on a serious charge, so should you hesitate to complete the necessary paperwork involved in applying for a travel waiver, by yourself.
Just take a look at this paragraph taken directly from a US government website concerning US travel waivers for inadmissible Canadians:
The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3) of the INA], is on the U.S. Citizenship and Immigration Service Web site (Form I-192), as well as instructions for filling it out. This form should be filed with CBP if you are an inadmissible visa exempt nonimmigrant or a nonimmigrant with appropriate documents who subsequently becomes inadmissible under Section 212(a) of the INA. (Please refer to Section 212(d)(3)(A)(ii) of the INA and Title 8 Code of Federal Regulation 212.4(b) for pertinent statute and regulation).
Now pick up the phone and call us today for expert advice and fast, professional handling of this application on your behalf!