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With heightened security all around the world, regardless of sharing borders, access to countries has never been more strict. The U.S. is no exception as increased border control affects many travellers on a daily basis. If you have been denied entry to the United States, you are already well aware of the frustration and shock you can experience travelling unprepared to the border. For those who are cautious or know better, travelling to the U.S. seems like an unattainable goal. However, depending on your unique situation, there may be still hope in the forms of a Waiver.
A U.S. Waiver (Denied Entry Waiver) is a document that overcomes inadmissibility to the United States and will allow you to enter regardless of your previous reason for being refused. As such, the Waiver is not something easily obtained but may be your only viable option to enter the United States with an inadmissibility issue.
Many people think that having a criminal record is the only reason they would be denied entry to the U.S. This is not the case, there are many reasons why you might be denied aside from criminal reasons:
These are the most common examples of reasons why you might be denied, however, it is still always at the discretion of a Border Officer making a decision. If they deem you to be a risk to the U.S., they have the right to refuse you entry.
If you have a criminal record, a Waiver will most likely be required depending on your unique situation. Criminal Inadmissibility is taken very seriously and is the subject of scrutiny. When considering your eligibility for a Waiver, the following factors are taken into account:
The risk of harm to society depends upon your inadmissibility and also the length of time since you committed the act that made you inadmissible.
Crimes of moral turpitude are crimes that are considered to be contrary to social standards of morality and done so with evil or malicious intent. These crimes are taken especially serious in the U.S. and are grounds to be considered inadmissible regardless of severity, duration, sentencing etc.
If any of the above situations apply to you, a waiver will certainly be required.
According to U.S. Immigration Policy, not all criminality makes you automatically inadmissible to the U.S. There are specific crimes that do not preclude you from entering the U.S. and therefore, should the below list apply to you, a Waiver may not be in order. Criminal reasons that do not affect your entry to the U.S. include:
Recent international events have played a part in addition of numerous measures to increase border security services. The most important thing to know when you are travelling to the US is that if you have a Canadian criminal record, or if you are suspected of having a criminal record, the Department of Homeland Security (DHS) can legally prevent you from entering the country. The US Department of Homeland Security and the Federal Bureau of Investigation (FBI) have access to the RCMP’s databases.
Once the border agent enters your name into their database, your criminal file will show up with an FPS# number attached to your name. This FPS# prevents you from entering the US.
If you have a Canadian criminal record, you are at risk of being denied entry into the US. You can ensure you will not be denied entry to the US by getting a US entry waiver. Anyone granted a US entry waiver should be at no risk of being refused entry to the US. A US entry waiver overrides any discretion that border guards may have.
If you are considered inadmissible to the U.S., you will require special authorization to enter or risk being denied entry. The U.S. document that overcomes inadmissibility is called a U.S. Entry Waiver.
A US entry waiver is a document issued by the Department of Homeland Security (DHS) that grants entry to a to those with a conviction into the US. The waiver will remove all risks of being refused entry at the border. The DHS is considered a governing body to the border guards and as such, it overrides any discretion the guards might have when you try to cross the border.
A US entry waiver can be granted for a period of:
The length of the waiver normally depends on the extent or seriousness of the crimes you have committed and the period of time that has passed since conviction. Once you have received your US entry waiver, you will be legally permitted to enter the US despite your criminal record, overcoming your inadmissibility.
When it comes to inadmissibility, knowledge of Immigration Policy as well as the ability to interpret criminal code is essential. When submitting an application like this, you not only need to be able to translate foreign law into applicable US Law, you need to also make sound legal arguments as to why you should be allowed into the US. This involves writing an account of each offense in your own words and making arguments as to how you have since improved in moral character.
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