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:

  1. Risk of harm you may pose to US society if you are admitted to the US;
  2. The seriousness of your immigration or criminal inadmissibility;
  3. 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.

Similar to any country, the U.S. sets out the grounds people may be inadmissible to enter USA. There are seven grounds that may make you inadmissible.

  1. Health related reasons
  2. Criminality
  3. Economic grounds
  4. Non-compliance
  5. Documentation requirements
  6. Previously removed
  7. Miscellaneous

If you have any illness that is communicable or is deemed a risk to the U.S. and its citizens, then you will not be permitted entrance. Some of these illnesses include, but are not limited to,

  • Gonorrhea
  • Tuberculosis
  • Chancroid
  • Any quarantinable diseases designated by Presidential Executive order

Past criminal convictions may also deem you inadmissible to the U.S. Depending upon the nature of when you were convicted (if you were still a youth), the seriousness of the offences (whether they were petty offences or more serious crimes), and how many convictions you have, then you may be barred from entering the U.S.

In terms of economic grounds, this means that, anyone who is a burden to the U.S. will be inadmissible. A burden can mean for financial reasons, disability, physical or mental, or illnesses. Some things that will be taken into consideration are,

  • Age
  • Health
  • Family status
  • Assets
  • Education or skills

Non-compliance takes into account illegal entrants and immigration violators. This can be,

  • People who failed to attend a removal order hearing
  • Making false claims (fraud) or misrepresentation
  • Not being legally admitted into the U.S.

If you are entering the U.S. and you do not have the documentation to enter legally, you will, understandably, not be admitted. In addition to this, if an officer deems you to be coming for reasons that require further documentations, you may also be inadmissible.

If you were in the U.S. unlawfully or if you have been previously removed, then you will not be able to enter the U.S. Usually there is a specified amount of time depending upon why you were removed and the specifics of your situation, however, you will be inadmissible until the time period has passed or the issue has been resolved.

Miscellaneous grounds can incorporate several things including,

  • Unlawful voting
  • International and child abduction
  • Practicing polygamy

This category essentially includes all of the reasons a person may be inadmissible but which cannot be categorized.

If you have further concerns regarding you inadmissibility, contact Akrami & Associates today. At Akrami & Associates, there is always a way.

Most people with a criminal record may not be able to enter U.S. There are various reasons a person may be denied entry into the U.S, and having a criminal record is one of those reasons. Although, it may depend on the type of crime you have been convicted of.

However, there is a way that you still may be able to enter U.S. You may be able to apply for an Entry Waiver, which may allow you to enter U.S. legally.

When evaluating you application for entering U.S. with a waiver, an officer will may look at the following factors:

  • Depending on the type of conviction, if you pose any threat to the American society, if you were admitted into the U.S.
  • How serious was your crime or how serious is your admissibility
  • Lastly, why are entering the U.S.

A waiver may become extremely important if you have convicted of the following:

  • Prostitution
  • Serious criminality, but have obtained immunity
  • Drug trafficking
  • Convicted of two or more offences with a combined sentence of 5 years or more.

All countries treat different crimes differently, and it IS important to understand and interpret the laws of both countries properly. You may have to make an argument and show that you are of good character. We can help, you may contact us and our team of professionals will be happy to assist you with your application.

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