Waiver is a process by which one can obtain special permission to enter the United States despite a possible prohibition due to, for example, the presence of a criminal record.
Eligibility is analyzed on a case-by-case basis and depends on several factors, including the nature, severity and context of the offenses. The length of time following the offences and the applicant’s general rehabilitation status are also factors considered.
It is recommended that an individual have at least completed all of their sentence (fine, probation, community service, etc.) before applying.
Contact us by phone to verify your eligibility and answer any questions you may have.
You can also leave us your contact information so we can get in touch with you.
The Waiver of Prohibition on U.S. territory (hereinafter the “Waiver“) allows travel to the United States in complete peace of mind despite the presence of one or more criminal records. A simple stopover in the United States can, in the presence of a criminal record, lead to a ban on entry. However, some cases, such as impaired driving, are not sufficient to justify a ban.
Don’t wait until you are caught and face deportation proceedings before applying.
The application for a Canadian criminal record suspension, commonly known as a "pardon", does not allow for the crossing of the American border. Indeed, although the Canadian pardon shows great rehabilitation and will be an asset for the Waiver application, the American government does not recognize it as an official status on its territory.
These will be sent to the Royal Canadian Mounted Police for processing.
Obtain for each charge, a certified copy of the information and the minutes of sentence from the various judicial authorities. These documents must be translated into English and certified as true copies. A thorough and complete criminal history search should be conducted to ensure that no charges or convictions are overlooked;
Obtain three letters of reference from family members in English or translated (letters from family members are not accepted). These letters should contain several pieces of personal information to increase their credibility;
Write a personal letter in English to explain your background, the reason for the request and the evolution of your situation;
Obtain a letter, in English or translated, confirming your employment;
Complete the g325a and I-92 form and sign two original copies. Special attention must be paid to this form. Several immigration questions are asked. A wrong answer to one or more of these questions could greatly complicate the application and even result in a refusal;
Once you have completed all the steps, you must make an appointment to file your application in person at a U.S. border crossing. There, an officer will review your documents and ensure that the application is complete.
You will then be required to pay a fee of $585 US and your application will be forwarded to a processing center. Please note that the officer will identify you (photos and fingerprints).
The clerk who receives you will not analyze your file. However, any information you disclose may be entered into your file, so it is strongly recommended that you limit yourself to the information provided in the paper application.
After filing, it may take a minimum of three months and up to eighteen months to receive a response.
You will receive a copy of the official document by mail or electronically. The Waiver will be valid for a period of one to five years. After the initial term of the Waiver, a renewal will be required.
Please plan your renewal in advance so that you do not lose your right of entry during the time it takes to prepare your renewal application and during the administrative time required by the U.S. government to process your renewal application.
Please note that obtaining a Waiver does not prevent a U.S. border officer from denying you entry into the United States for any reason other than your criminal record. However, the Waiver ensures that your criminal record will not be a barrier to entry.
You must carry the original document (Waiver) with you at all border crossings.
The advisor will be able to give you a legal opinion on your chances of success, to estimate the approximate time required to process the waiver application depending on its complexity;
Being an experienced intervener, the advisor will be able to obtain your official legal documents much more quickly;
He will be able to ensure the translation of all documents from French to English;
The advisor ensures that the application is complete and that each component of the application is of high quality in order to maximize the chances of obtaining a favorable response and for the maximum duration of 5 years;
He or she may follow up with the Department of Homeland Security and will receive a copy of the response by mail;
You can meet with the counselor or obtain information by phone at any time;
He can process your application and assist you remotely regardless of where you live.
* Rates: $850 for new applications, $450 for renewals.
