Denied Entry to the United States Denied Entry Waiver

Denied Entry to the United States

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.

Reasons to be Denied Entry to the U.S.

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:

You may have a medical issue like a communicable disease;
You face a medical or physical disorder that may be considered dangerous to others;
Have a history of drug or substance abuse;
Have been convicted of specific crimes;
Have contravened U.S. immigration policy in the past
You have been previously deported or removed from the U.S.
You have committed immigration fraud.

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.

Previous Criminality

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:

Risk of harm you may pose to US society if you are admitted to the US;
The seriousness of your immigration or criminal inadmissibility;
Your reason for entering the U.S.

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

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.

Prostitution or “commercialized vice”
Individuals who are involved in serious criminality who have obtained immunity from prosecution
Controlled substance traffickers
A conviction of two or more offenses with a combined sentence of five (5) years or more

If any of the above situations apply to you, a waiver will certainly be required.

Not all Criminality Makes you Inadmissible

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:

Crimes committed when you were eighteen (18) years old or less, and it was committed at least five (5) years prior to your application;
Crimes that do not exceed one year of imprisonment;
Sentencing for a crime that does not exceed a term more than six (6) months

Before your Travel…

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.

What You will Need

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:

One (1);
Two (2); or
Five (5) years by the US Government and can be renewed.

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.

How We Can Help

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.

We will assist you:

Draft the necessary forms;
Draft appropriate supporting documentation like reference letters, personal statements;
Assist you in obtaining necessary documentation like police background checks and court documents;
Translate foreign law into US law and apply this to current Immigration Policy;
Compile the strongest possible case as per your unique situation;
Prepare you for submitting your application at a Port of Entry; and
Of course, be with you every step of the way.

For more information on US Waivers, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

I Was Denied Entry to the U.S., What Do I Need to Enter?

There are a few reasons why you may have been found inadmissible to the U.S., and therefore, denied entry. These reasons can be summed up into seven reasons which include,

1. Health Related Ground

This can be any communicable diseases such as, leprosy, tuberculosis, and syphilis

2. Criminality Issues

If you have had convictions in your past, depending upon the nature of the crime, you will be inadmissible

3. Economic Grounds

If you will become a burden to the U.S. through reasons of poverty, disability, or insanity, you will be inadmissible

4. Illegal Entrants & Immigration Violators

This can be for reasons such as, fraud, or failing to attend a removal proceeding

5. Documentation requirements

This is when you do not have proper documents for the purpose you wish to stay

6. Foreign Nationals Previously Removed

If you have had a removal order you will be inadmissible for a certain number of years

7. Miscellaneous Grounds

This can be for practicing polygamy, unlawful voting, or international child abductions

If any of the above applies to you, or you have been denied entry to the U.S. on one of the grounds mentioned above, you can apply for a Waiver. There are three things that will be assessed when you apply for a Waiver,

What risk you present to society
The seriousness of your inadmissibility
The reasons you want to enter the U.S.

To apply for a Waiver, you will have to complete the forms and send it to the office that deals with your types of cases. There will also be a filing fee.

If your Waiver is granted, you will be able to overcome your inadmissibility temporarily.

If you require further assistance, please contact Akrami & Associates today. With the help of our legal professionals, there is always a way!

Denied Entry to the U.S. Due to a Criminal Record

If you want to travel to the U.S. and you have a criminal record, before you can enter, you should be aware of any inadmissibility issues. Having a previous criminal record can make you inadmissible.

The criminal activities that are against social standards of morality and have been committed with malicious intent are consider very serious criminal activities by U.S. immigration. Some of these offenses include:

If you are involved in prostitution or “ commercialized vice”
If you are involved in a serious criminality and have obtained immunity from prosecution
If you were involved in controlled substance trafficking
If you have been convicted of two or more offences with a combined sentence of five (5) or more years of imprisonment.

According to U.S. immigration policy, not all of criminal activities make you inadmissible to the U.S. There are few crimes that do not affect your entry to U.S. and also do not have an impact on your application. If those conditions apply to you, you may not need waiver and may not be denied entry to the U.S. These offenses are:

The crime was committed when you were a minor;
The offense occurred at least five (5) years prior to your application
The crime you have committed that do not exceed one year of imprisonment
The sentencing for a crime that does not exceed a term more than six (6) months.

If you are travelling from Canada to U.S. and have a criminal record or the officer suspect that you have criminal record, the U.S. department of Homeland Security can legally deny your entry.

They can access the database of the RCMP and other law enforcement agencies to potentially discover a criminality in your history. If your previous criminality is discovered, they have the authority to deny you entry.

If you have a further question about being denied entry to the U.S. due to criminal record, please feel free to call us or contact us through email and book a consultation. We will provide you further information and determine the best route for you to achieve your immigration goals. With Akrami & Associates, there is always a way!

Do I Need A Waiver?

A Waiver is a document that is required if you have been denied entry into the United States. Waiver overcomes inadmissibility to the United States and will allow you to enter United States no matter if you were previously denied or refused by U.S. embassy.

When you have a criminal record you most probably need a Waiver to re-enter the United States.

Here are a few factors which the Immigration Officer has to consider when approving your Waiver Application:

The harm you can cause to the society of United States if you are allowed to come to the U.S.
The seriousness of your immigration and criminal inadmissibility
Your reasons for entering the United States

Applicant Need a Waiver When:

You are involved in prostitution or “ commercialized vice”
You are involved in a serious criminality who have obtained immunity from prosecution
You were involved in controlled substance trafficking
You have been convicted of two or more offences with a combined sentence of five (5) years or more.

The crimes mentioned above are considered serious crimes by United States Immigration.

Applicant Who May Not Need a Waiver:

If the offense occurred when you were less than 18 years old
At least five (5) years have elapsed since your offense
The crime you have committed does not exceed six (6) months of imprisonment

If any of those apply to you, you may not need a waiver.

If you have questions on how to obtain a Waiver, please call us today! At Akrami & Associates, there is Always a Way!

Do I Need a Waiver?

A Denied Entry Waiver is a document that is required to those whose entry is denied by U.S. immigration. A Wavier overcomes inadmissibility to the United States and will allow you to enter United States no matter if your entry was previously denied or refused by U.S. immigration. It is not easy to obtain a Wavier. However, one will be required if you face an inadmissibility issue.

When you have a criminal record you most probably need a wavier but again it depends on your circumstances. When you are qualified to obtain a Waiver, there are few factors that has to be considered and those are:

An risk you may pose to the US
The seriousness of your immigration and criminal inadmissibility
Your reason for entering the United States

These are the three primary factors considered when issuing a Waiver.

Applicant Needs a Waiver:

You need a Waiver, if any of the following apply to you:

If you are involved in prostitution or “ commercialized vice”
If you are involved in a serious criminality who have obtained immunity from prosecution
If you were involved in controlled substance traffickers
If you have been convicted of two or more offences with a combined sentence of five (5) years or more.

The crimes mentioned above are considered serious crimes by United States immigration, if those apply to you, you must obtain a Waiver.

Applicant Does Not Need a Waiver:

You do not need a Waiver, if one any of these situations apply to you:

When you committed that crime you were eighteen (18) years old or less.
You have committed the offense at least five (5) years prior to your application
The sentence you received does not exceed one year of imprisonment
The sentencing for a crime that does not exceed a term more than six (6) months.

If any of those apply to you, you may not need Waiver and again it always depends on your situation.

If you have a further question about whether you need a Waiver or not, please feel free to call us or contact us through email and book a consultation. We will provide you further information and determine the best way to achieve your goals. With Akrami & Associates, there is always a way!

I-601 Waiver

If you are ineligible to enter the U.S., this may be the solution to your problem. The purpose of an I-601 waiver is to allow those who were deemed inadmissible to the U.S. to enter the U.S.

Some reasons you may have been found inadmissible to the U.S. is for reasons of,

Health
Past or present criminal activity
Economics
Non-compliance
Lack of documentation
Having been previously removed
Miscellaneous

o Eg. Unlawful voting or practicing polygamy

So who may file this form?

It is usually the case that, you are currently outside of the U.S. and you had an interview with a consular officer and found inadmissible to enter. However, other categories of persons who may also apply include, but are not limited to,

Any applicant for adjustment of status
Temporary protected status applicant
Violence against women self-petitioner applying for an adjustment of status or immigrant visa

The waiver is valid indefinitely. This means that, if you submit this waiver with another application, for example, an adjustment of status application, and that application is refused, your waiver is still valid. This being said, there are some exceptions. Some of these exemptions exist within,

The convention adoptee
The conditional resident
K nonimmigrant visa application
TPS applicant

It is important to note that the reason you wish to enter, even though you have been deemed inadmissible, must show that extreme hardship exists if you were not permitted entry. The seriousness of your inadmissibility will also be taken into account so that they may weigh the extreme hardships that must be faced against the risk that you may present to the U.S. and its citizens.

If you find yourself inadmissible, at Akrami & Associates, we can help. We will assist you with gathering the correct supporting documents to make your case persuasive. Call us today and book a consultation, one of our legal representatives will be happy to help you.