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Many Canadians like to travel to United States for either leisure or work purposes. Spending time and gaining new experiences are one of the most valuable things in our life. With the United States of America as our next-door-neighbours, we enjoy occasionally knocking on their doors and spending time in their home. But what do we do if they shut the door on us? As with any entry into a different country, you must make sure you have all the necessary documents and eligibility to enter. For some people, they may be deemed inadmissible to enter the US. If this is your case, there are some steps to take to help resolve your Inadmissibility and be eligible to enter the next time.
Before attempting to resolve your inadmissibility, it is important to understand why you were deemed inadmissible in the first place. There are many possible reasons why a Canadian could be denied entry into the US.
You may be denied admission into the US if the border officers believe you are planning to work in the country but you do not have a valid Work Permit. Similarly, they may also deny you entry if they have reason to believe you do not intend to leave the United States. To avoid this, ensure that you are carrying proper documentation with you when you attempt to cross the border. Your documentation should prove what exactly you are in the US for as well as ties to Canada to demonstrate that you will leave the US at the end of your trip. This could be evidence of Canadian employment, documents with your address, documents demonstrating commitments you have to Canada thereby showing reason to return, etc. Though you may not be asked for all of these documents, it will be convenient to have on hand just in case.
This is one of the most common reasons why a Canadian traveler would be refused entry to the US. Criminal convictions that show up on your record could raise red flags for the border patrol officers and ultimately cause refusal at the border. These convictions could be recent, but could also be from more than 40 years ago. Related to this is the issue of a warrant: if you are a wanted person with an arrest warrant, you will be denied entry. The border officers will likely also inform the Royal Canadian Mounted Police (RCMP) of your location.
Any misconduct when crossing the American border can lead to a refusal of entry. If you have a previous immigration violation, you may risk being denied entry. This is just a precaution; if you have resolved and cleared up the violation, it will likely not be a problem. However, every time you violate any immigration procedure, you risk jeopardizing your future travels to the US. If the border officer believes you are currently exhibiting immigration fraud, you may also risk being denied entry. This includes trying to cross the border under a fake identity, illegally assuming someone else’s identity (such as a friend’s), or forging documents. Ultimately, it is best to avoid any kind of immigration violation or immigration fraud.
Another common immigration issue is with your passport. When travelling to the US (or any other country, for that matter) you must present a valid passport belonging to you. Your passport has an expiry date that determines how long it will be valid. Before travelling, ensure that your passport’s validity covers your entire trip.
If the border officer has reason to believe you will not be able to sufficiently fund your travel/stay in the United States, you may be denied entry. Bring additional documentation proving your available funds to avoid this. Furthermore, even if you do not have a criminal record, admitting to drug use may affect your ability to cross the border.
There are various other reasons why one may be denied entry, such as medical threats to US citizens. Clarify if you will be allowed entry by consulting the United States Citizenship and Immigration Services website (uscis.gov).
If you are denied entry to the United States, you will be asked to return to your home country. You will also be provided with a written record of denial, which tells you the reason why you were denied entry. You can work on resolving your specific Inadmissibility so that future travels will go more smoothly.
If you have been denied entry to the United States, follow the exit procedures as described to you by the officer. You may also be given a time frame during which you should not attempt to re-enter the United States. It is best not to argue with the officer or disobey any of these instructions, as this may affect your future attempts at travelling to the US. Rather, focus on lawfully returning to Canada and taking the necessary steps to resolve your inadmissibility. It is important to note that a Canadian Pardon will not be accepted by the US Government as a document that allows entry to the US despite Criminal Inadmissibility. Rather, you will need to obtain a United States Entry Waiver.
The US Entry Waiver is a document that allows entry into the United States for a Canadian citizen who has an Inadmissibility issue when attempting to enter the United States. This Waiver is issued by the United States Department of Homeland Security, if your application for it is successful. The Waiver is given for a set time period and thus has an expiry date. It can be issued for one, two, or five years. The Waiver holder can enter the US as many times as they would like for the validity of the document; thus, it is not a one-time use document. However, if the holder intends to stay for more than three months, they may be subject to filling out additional forms. It is important to note that the US Entry Waiver is a permit to enter the country temporarily. Though you may apply for a Waiver Renewal once your Waiver is expired, this is not guaranteed and is only based on your circumstances. Do not rely on your Waiver to allow you entry to the US forever, as it may be revoked at the discretion of Homeland Security.
The application for the US Entry Waiver is available on the United States Citizenship and Immigration Services website, and is called Form I-192. To apply, you will need to provide specific documents, including (but not limited to):
Proof of citizenship
Completed Form I-192
Completed Form G-325A, which provides biographic information
Police records, court documents
Statement of intended purpose of your visit (include details)
These documents, as well as additional documents you may need to provide, will all be taken into consideration. The application will be considered based on the seriousness/extent of the crimes committed, the elapsed time since, and the general strength of the application. You will want to prove that you do not intend to stay longer than you state and that you are no longer a threat to US society. Your application may take up to a year to process and has an application fee of US $85.OO. This fee will go to the U.S. Customs and Border Protection.
Although the forms are available online for anyone to apply, applying for a US Entry Waiver can be a tedious and difficult process. They are not easy to obtain, and it takes an experienced individual to properly compose a strong application. If you are in a position of needing an Entry Waiver, consider the experienced and dedicated team at Akrami and Associates. We can assess your situation and help you compose a strong application.
With Akrami and Associates, there is always a way!
