What are waivers for being denied entry to the United States?

A United States waiver of inadmissibility is a document that will allow someone to enter the United States if they have previously been denied entry to the United States or think they likely would be denied entry to the United States. 

People who have criminal records and health problems might be denied entry to the United States even if they are Canadian citizens. A United States waiver of inadmissibility “waives” this criminal or medical inadmissibility.

However, a United States waiver is not easy to get as the United States will have to look at your criminal case very closely. If you have been denied entry to the United States, consult with a licensed immigration lawyer or immigration attorney about your options. You will need their help!

What is required to obtain a US Waiver?

You will need several things in order to obtain a United States waiver of inadmissibility:

1. You will need to obtain and fill out an I-192 form (Application for Advance permission to Enter as a Nonimmigrant) and a G-325A form (Biographic Information).

2. You will need to obtain an RCMP certificate for your criminal record and any applicable local court records about your offence.

3. You should obtain three character references.

4. You may have to provide proof that you have passed a drug test if your criminal record is drug-related.

5. You will have to prepare a written statement about your criminal case and the circumstances surrounding it.

United States waivers of inadmissibility can last for up to five years, or less if the immigration offer decides it should be for less. You will have to display it each time you enter the United States. If you need one, don’t delay! They can take between six and nine months to be processed and will be mailed to you.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: denied entry to the US refused entry United States denied entry US Waivers waivers of inadmissibility

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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