The purpose of a United States Waiver is to allow a Canadian citizen or anyone else who may be eligible to come to the United States under what is called an expedited removal. An expedited removal means that they should have a valid reason for being in the United States. Some people may enter the United States without one, or not every year. When this happens, there are certain measures that the authorities in the U.S. take. If you are considered a danger to the American public or even a national security threat, or if you have any criminal record, or if you have violated terms of your parole, or if you have been convicted of a crime or a violation of a U.S. Visa, you can be denied entry into the United States under the provisions of a waiver.
This article will look at some frequently asked questions about a waiver and how to go about applying for one.
Why would I be denied entry into the United States under a waiver if I have been convicted of a felony?
In most cases a waiver will only apply to criminal offenses. If you are still having a criminal record or have a DUI arrest record, or have been convicted of a misdemeanor, then you may still be denied entry into the United States under the provisions of a waiver. The reasoning behind this is that once you have been convicted of a felony or misdemeanor, then you are considered a criminal for life. This means that even if you have served your time, that criminal record still shows up on your permanent record. So, you must not be able to prove that you are rehabilitated in order to get your waiver.
How do I know whether my criminal record disqualifies me from getting a waiver?
The best way to find out is to ask a U.S. immigration lawyer. If you do not know one who is familiar with Canadian immigration law, then the Department of Homeland Security website and their Federal Bureau of Investigation website can help you with information. They can tell you whether or not a criminal conviction will bar you from getting a U.S. waiver. They also can tell you whether a criminal conviction will preclude you from returning to Canada after your application for a U.S. visa has been rejected.
Can I face confiscation of my American nationality if I am granted a U.S. visa and are found to have a criminal record?
No, not necessarily. You should understand that the Department of Homeland Security is simply protecting the border. While they cannot deny you entry into the United States because you have a criminal record, they cannot prevent you from returning to Canada once you have cleared their border. As long as you have not actually become a criminal, then you should be able to return to the United States without facing any consequences.
Does a U.S. waiver apply to Canada if I have entered the United States without a visa?
A U.S. waiver will not usually apply if you have entered the United States by crossing the border illegally. Some examples of this include being caught at an illegal border crossing by U.S. Customs and Border Protection officers. Other cases, however, may apply when you have overstayed your visa. If you have entered the United States after this type of unauthorized entry, then you might have a challenge on your application.
Do all U.S. waivers require proof of citizenship or does the applicant simply have to have a social security number?
All United States waivers require proof of citizenship or a social security number. Some exceptions to this requirement may apply if you are travelling to Canada or Mexico in connection with a family reunion. If you are travelling to Canada to visit relatives in the U.S., a U.S. waiver will not typically require a social security number, but it may still apply if you need emergency contact information. For example, if you are travelling back to the U.S. after being away for six months or less, then a social security number will be needed to ensure the proper treatment while waiting to enter the country.
Is there a limit on the number of times a U.S. waiver can be applied for?
There are currently no limits on the number of times that a waiver application can be filed. However, there are some exceptions to these waivers that may apply. For example, if you previously filed a waiver to remove your criminal record from the criminal database of the Federal Bureau of Prisons, or if you were in prison at the time of your application and were required to have your criminal record expunged, then you may not be able to apply again to the US Bureau of Immigration.
Does an expire Entry Waiver mean that I can't reapply?
No, an expired Entry Waiver does not mean you can't apply again. An expired Entry Waiver can be renewed provided that the applicant submits a new Application for an immigrant status application and is found eligible by the U.S. Border Patrol or other border officials. If you are found eligible, then you will be allowed to renew your application. If your application is denied, however, then it's best to leave the United States until your application is approved.
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