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How to Apply For a United States Entry Waiver
If you have a criminal record in Canada, you might be denied access to the United States. This can be a significant barrier if you wish to travel, study, or work in the United States. Luckily there is a way to overcome this barrier: applying for a United States Entry Waiver.
A United States Entry Waiver is a document that gives you permission to get into the United States for a certain period of time, typically 5 years. It is issued by the Department of Homeland Security (DHS) after reviewing your application and establishing that you are not a threat to the safety or welfare of the United States.
Nonetheless getting a United States Entry Waiver is not a simple or fast process. It needs a great deal of preparation, documentation, and fees. In this chapter, I will guide you through the steps of applying for a United States Entry Waiver, from gathering the necessary documents to getting the approval.
Step 1: Document Collection
The first step for applying for a United States Entry Waiver is to gather all the required documents. These documents need to be scanned and prepared prior to being uploaded. The documents you need to gather include:
Canadian Criminal Convictions and United States Inadmissibility
Canada and the United States share a long-standing border as well as strong social and economic ties. Many Canadians travel to the U.S. for family visits, tourism, business, work, and education. However, a Canadian criminal record can complicate entry into the U.S., potentially leading to denial at the border, permit refusal, or the need to obtain a U.S. Entry Waiver. This section outlines the key reasons for U.S. inadmissibility, the types of criminal convictions that trigger inadmissibility, and the available methods to overcome these barriers.
Reasons for U.S. Inadmissibility
U.S. immigration laws are stringent, prioritizing national security and public safety. One key reason for inadmissibility is having a criminal conviction that involves "moral turpitude" — a term describing behavior that violates societal standards of morality and ethics. The U.S. immigration authorities assess the nature and severity of the offense, not just the sentence issued by the Canadian court. Other reasons for inadmissibility may include involvement in drug trafficking, espionage, terrorism, or human trafficking.
The consequences of being deemed inadmissible to the U.S. can be severe and far-reaching, such as:
- Denial of entry at land border crossings, airports, or sea ports, often resulting in immediate return to Canada.
- Rejection of permit or waiver applications, including student, work, tourist, or immigrant permits.
- Deportation or removal proceedings for those already present in the U.S.
These outcomes can disrupt personal, professional, and family plans. It’s essential for those with a criminal record to be aware of their options to avoid being blindsided at the border.
Types of Criminal Convictions That Trigger Inadmissibility
Not all criminal convictions in Canada result in inadmissibility to the U.S. U.S. immigration authorities assess each case based on U.S. federal law. Offenses are generally categorized as serious criminality or criminality, each carrying different implications.
1. Serious Criminality (Felony/Indictable Offenses)
Serious criminality applies to crimes that carry a maximum sentence of 10 years or more in Canada or where the individual was sentenced to more than six months in prison. Examples of such crimes include:
- Robbery
- Murder
- Manslaughter
- Drug trafficking
- Aggravated assault
- Sexual assault
- Possession of a weapon for a dangerous purpose
- Fraud over $5,000
Serious criminality can result in inadmissibility regardless of when the offense occurred or the individual's status as a foreign national or permanent resident.
2. Criminality (Misdemeanor/Summary Offenses)
Criminality refers to lesser offenses that carry a maximum sentence of less than 10 years or where the individual was sentenced to less than six months in prison. These offenses may only result in inadmissibility if they occurred within the last 10 years. Examples include:
- Burglary
- Theft
- Assault
- Mischief
- Fraud under $5,000
- Possession of illegal drugs for personal use
- Driving under the influence (DUI) of drugs or alcohol
Unlike serious criminality, this category affects only foreign nationals in Canada, not Canadian permanent residents, unless they have multiple offenses.
Overcoming Inadmissibility and Gaining Entry to the U.S.
While a criminal conviction can make entry into the U.S. more challenging, there are several legal paths to overcome inadmissibility. The right option depends on the nature and number of convictions, the time since the conviction, and the purpose of the intended U.S. visit. Available options include:
1. Deemed Rehabilitation
In some cases, a person may be "deemed rehabilitated" after a certain period of good conduct. This applies only to convictions classified as "criminality" and not "serious criminality." To qualify for deemed rehabilitation, you must demonstrate that:
- At least 10 years have passed since the conviction and the end of the sentence for a single conviction carrying a penalty of fewer than 10 years.
- You have two or more convictions that occurred over five years ago, each with a penalty of fewer than 10 years and not involving violence, drugs, or firearms.
This method does not require an application, but you must provide supporting documentation, such as police certificates, court records, and reference letters.
2. Individual Rehabilitation
If you do not qualify for deemed rehabilitation, you can apply for individual rehabilitation. This process is more formal and involves submitting an application to the Canadian permit office in charge of your region. You must demonstrate that you are unlikely to reoffend. Eligibility criteria include:
- At least five years must have passed since the completion of the sentence for a conviction involving "serious criminality" or "criminality."
- Evidence of good conduct and rehabilitation, such as letters of reference, employment records, and community involvement.
The application process includes paying a fee and submitting evidence to the Canadian consulate or permit office.
3. Record Suspension (Formerly Pardon)
A record suspension (formerly known as a pardon) issued by the Parole Board of Canada seals an individual’s criminal record from public view. While a record suspension can improve employment opportunities, it does not guarantee admissibility into the U.S. This is because U.S. authorities may still have access to the record through the Canadian Police Information Centre (CPIC) or other sources.
To qualify for a record suspension, you must:
- Complete your sentence, including fines, probation, and parole.
- Wait the required period (five years for summary offenses, 10 years for indictable offenses).
- Maintain good conduct and avoid new offenses.
4. Waiver of Inadmissibility
A U.S. Entry Waiver is often the most effective option for those with a criminal record who wish to enter the U.S. It allows inadmissible individuals to visit the U.S. for a set period (1-5 years) despite their record. This process involves applying to the U.S. Customs and Border Protection (CBP) and paying a fee.
To qualify for a waiver, you must demonstrate that:
- You have a valid reason for visiting, such as business, tourism, family, or education.
- You pose no risk to U.S. public safety or national security.
- You have been rehabilitated and are unlikely to reoffend.
The waiver application process requires submitting supporting documents, including:
- A completed Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).
- Personal statements, police records, and court documents.
- Letters of reference, employment verification, and financial records.
A U.S. Entry Waiver must be renewed prior to expiration. Without it, you may face a denial of entry at the U.S. border.
- A completed and signed Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. This is the major form that you're required to fill out and submit to DHS. When filling the Form I-192, you will need to include your personal information, criminal history, reasons for seeking entry, and other relevant details. You can find the content of the form in the images below:
- A personal statement explaining why you intend to get into the United States, how you have actually rehabilitated yourself since your conviction, and why you deserve a waiver. This is a critical component of your application as it provides you an opportunity to show your remorse, progress, and positive contributions to society. You must write your statement in a clear, honest and respectful manner, and provide particular examples and proof to support your claims.
- A copy of your Canadian criminal record, which you can obtain from the Royal Canadian Mounted Police (RCMP). This is a document that shows your fingerprints and criminal charges and convictions in Canada. You can ask for a copy of your criminal record from the RCMP by following the guidelines on their website: https://www.rcmp-grc.gc.ca/en/criminal-record-and-vulnerable-sector-checks
- Court documents associated with convictions listed in the RCMP Report. If convictions have been dismissed due to conditional discharge, or simply withdrawn by judgment (due to not guilty judgments) a simple Word document stating the conviction has been withdrawn is sufficient. A date, court location and conviction details are necessary information to clarify in the Word document in any case.
- Proof of income from any Canadian Government document such as a recent Tax return or Employment letter.
- A copy of your Canadian pardon or record suspension, if you have actually obtained one. This is a record that secures your criminal record from public access in Canada. It does not erase your criminal record, however it shows that you have been rehabilitated and the Canadian government has actually forgiven you. You can apply for a pardon or record suspension from the Parole Board of Canada by following the instructions in chapter 7 of this book or by visiting their website: https://www.canada.ca/en/parole-board/services/record-suspensions/who-is-eligible-for-a-record-suspension.html
- A copy of your passport and other travel documents that you have or plan to use for entering the United States. This is to verify your nationality, identity, and traveling history. You need to ensure that your passport is valid for a minimum of 6 months beyond your intended stay in the United States.
- A copy of your itinerary and any other documents that show the purpose and period of your journey to the United States. This is to show that you have a legitimate reason to enter the United States and that you do not intend to overstay or go against the terms of your waiver. You need to add details such as your invitations, flight tickets, hotel reservations, appointments, and activities.
- Any other documents that might support your application such as reference letters, certificates, diplomas, awards or proofs of community service, volunteer jobs, or charitable donations. These are to reveal your character, achievements as well as contributions to society. You must choose documents that are current, credible, and relevant, and at the same time highlight your positive qualities and abilities.
You must see to it that all your documents are complete, accurate, and current. You must likewise make copies of all your documents and keep the originals for your records. You will be required to submit both the originals and the copies to DHS.
Step 2: Online Submission
The application procedure for a U.S. entry waiver depends on the category of the applicant. There are 3 major categories of applicants:
- Inadmissible nonimmigrant currently in possession of appropriate documents (such as a permit, valid passport or Nexus card, etc.).
- Applicant for T nonimmigrant status (a victim of human trafficking).
- Applicant for U nonimmigrant status (a victim of particular criminal offenses).
The first category of applicants can submit their application online via e-SAFE. The 2nd and 3rd categories of applicants should not submit their application using e-SAFE but should consult the U.S. Citizenship and Immigration Services (USCIS) via USCIS.gov for further information.
e-SAFE is an online system that makes it possible for eligible applicants to apply for a waiver electronically. You will need to have all the necessary documents (mentioned above) handy when you start e-SAFE. Basically, when you have all these documents organized, you can begin your e-SAFE application. Here are the steps you need to take to apply for a United States Entry Waiver through e-SAFE:
Choose a designated port of entry for your biometrics appointment, where your fingerprints and picture will be taken. The U.S.-Canada Border spans 4500 kilometers, and there are various designated ports of entry. You need to choose the one closest to your home as the designated port. You also need to provide your chosen designated port of entry on the e-SAFE portal during your application and before making payment. You can find a list of available ports here:
https://www.cbp.gov/travel/international-visitors/admission-forms/form-i-192-form-i-212-and-form-i-824-designated-ports-entry
Go to the e-SAFE website (https://www.cbp.gov/travel/international-visitors/e-safe) and create your account using your email and password.
Step 1: After creating your account, you can log in and wait for a token number to be emailed to you.
Step 2: Copy the token number and put it on the e-SAFE website and click “verify”.
Step 3: Click on “Accept terms”.
Resolving U.S. Entry Issues
For Canadian residents with a criminal record or past border refusal, obtaining a U.S. Entry Waiver is the only recognized method to regain admissibility into the United States. This process requires thorough preparation, accurate documentation, and adherence to the requirements set by U.S. Customs and Border Protection.
With extensive experience assisting Canadians, we have successfully guided over 15,000 U.S. Entry Waiver applications to completion. Our team ensures that every step is handled professionally, minimizing delays and ensuring compliance with all regulations.
Our Services Include:
- U.S. Entry Waivers for Criminal Records – For individuals with past criminal convictions preventing entry.
- U.S. Entry Waivers for Overstay Issues – Resolving situations involving unauthorized stays in the U.S.
- Border Inquiries Assistance – Guidance for addressing specific concerns raised at the border.
- Emergency Parole Applications – Support for urgent cases requiring immediate resolution.
Start Your Application
If a U.S. Entry Waiver is required for your situation, begin the process today. Professional assistance ensures efficiency and compliance, helping you secure the documentation needed to cross the border confidently and without complications.
Eligibility
Check to see if you are eligible for a U.S. Entry Waiver.
Application Form I-192 for Advance Permission to Enter as a Nonimmigrant e-SAFE process for citizens of Canada:
Canada
Palau
Federated States of Micronesia
Marshall Islands
The 41 Entry Clearance Program Member Countries:
Andorra
Australia
Austria
Belgium
Brunei
Chile
Croatia
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Ireland
Israel
Italy
Japan
South Korea
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Monaco
Netherlands
New Zealand
Norway
Poland
Portugal
San Marino
Singapore
Slovakia
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Kingdom
Preparation Checklist for Visiting the United States
- Ensure your passport is valid and not expired.
- Bring adaptors for 110V power outlets if required
- Prepare itinerary and confirm accommodation details.
- Secure travel insurance.
- Explore transportation options for getting around.
- Carry sufficient local currency (USD) and payment methods.
- Download travel maps and relevant apps.
- Arrange for internet access during your stay.
- Stay updated by following the latest news.
- Have emergency contact information readily available.
- Consider a language translation app if needed.
- Obtain your approved U.S. Entry waiver from DHS, or necessary travel authorization.
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