Denied Entry to the US? Useful information on US Waivers for Canadians

Information on US Waivers when one is Denied Entry to the US

Below is an excerpt from an AILA (American Immigration Lawyers Association) bulletin sent to me by our Associate Fadi Minawi, an AILA member.

I think it is a good summary regarding information on US Waivers:


There are many reasons why a person may be ineligible to enter the United States.

The legal descriptions are lengthy and complex therefore a list of the most common reasons is provided below.  This information should not be interpreted to be a comprehensive list of reasons you may be denied entry into the United States.

In general, you might be denied entry:

  • If you have a communicable disease,
  • If you have a criminal record for crimes of moral turpitude,
  • For possession of or trafficking in a controlled substance,
  • If you have any involvement with terrorism or terrorist organizations (no waivers can be approved for this category),
  • If you have trafficked in persons,
  • If you have been involved in money laundering,
  • If you might become a public charge because of limited financial resources,
  • If you have been previously removed (deported) or have overstayed a previous period of admission to the United States

Again, this list is not comprehensive. The list of crimes of moral turpitude that are reasons for exclusion from the United States is also quite detailed. The most common types of crimes involving moral turpitude that would make you  inadmissible are murder, manslaughter, rape, theft, bribery,forgery, aggravated battery, prostitution, and fraud.

Depending on the reason for your inadmissibility into the United States, and if you are a class of nonimmigrant where a visa is not required, e.g., most citizens of Canada, or you are a nonimmigrant with appropriate documents who subsequently becomes inadmissible, you may be eligible to apply in advance of your travel directly to U.S. Customs and Border Protection (CBP) for a temporary waiver of inadmissibility.

The waiver application process can be lengthy (up to a year) and there is a cost of US $545.00 per application regardless of the decision on the application.

The temporary waiver application, Form I-192, Application for Advance Permission to Enter as Nonimmigrant [Pursuant to Section 212(d)(3)(A) of the Immigration and Nationality Act (INA)], is on the U.S. Citizenship and Immigration Services’ web site, as well as instructions for filling it out.

The Form I-192 can be downloaded at the U.S. Citizenship and Immigration Services Immigration Forms website (Form I-192). ( Form I-192 ) 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). Please note that only forms with the expiration date 11/30/2009 in the upper right hand corner are acceptable.

After February 20, 2009, older versions of the form… 1/10

AILA InfoNet Doc. No. 10083038. (Posted on 8/30/10).

Oops! We could not locate your form.

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.

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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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