US Waiver

Determining Eligibility for a U.S. Waiver in Calgary, AB 

Entering the United States can be difficult for those with a history of criminal convictions or immigration violations in the past. Individuals who are inadmissible due to criminal violations for crimes involving moral turpitude (CIMT) or previous immigration violations such as misrepresentation, working without a permit, or overstay can apply for a non- immigration U.S. waiver in Calgary, AB, to re-enter the U.S.

U.S. Visa Waiver Application Process

Those who are inadmissible for entry to the U.S. can apply for a U.S. waiver of inadmissibility. Such waivers can be granted for one, two, or five years, depending on several factors such as the importance of the reason for entry, the severity of the crime or immigration violation, the number of crimes or immigration violations, and the length of time since the crime or immigration violation took place.

An applicant can apply for an I-192, Application for Advance Permission to Enter as a Nonimmigrant, through a licensed U.S. attorney using the E- Safe platform. This application should be made taking into account the factors that weigh the importance of the trip against the security threat of allowing the foreign national to enter the U.S. based on their past offences. It is highly advisable to use a licensed U.S. legal professional for this process.

Since the United States Department of Homeland Security (USDHS) has implemented the electronic E-Safe submission process, regular applications have been typically processed in around 170 days.

Crimes Involving Moral Turpitude

It is important to note that one does not necessarily need to have been convicted of a crime to be inadmissible for a crime involving moral turpitude if they have admitted to committing the act. This is most common in cases where an individual is found with, or admits to, the possession or use of a controlled substance. Even though cannabis is legal in many states, it is still considered a controlled substance under federal law and possession or use of it makes one inadmissible to the U.S.

For individuals who have been convicted of a crime, they are inadmissible to the U.S. if it is a crime that involves moral turpitude where conduct is vile, depraved, or contrary to the accepted rules of morality and the duties to society in general.

Generally speaking, these include but are not limited to:

• Abandonment of a minor child that is willful and results in the destitution of the child
• Arson
• Assault with a dangerous or deadly weapon
• Assault with intent to kill or commit rape, robbery, or serious bodily harm
• Bigamy
• Blackmail
• Bribery
• Burglary
• Contributing to the delinquency of a minor
• Counterfitting
• Embezzlement
• Extortion
• False pretenses
• Forgery
• Fraud
• Gross indecency
• Harboring a fugitive from justice with guilty knowledge
• Incest, if the result of an improper sexual relationship
• Kidnappying
• Knowingly receiving stolen goods
• Larceny (grand or petty)
• Lewdness
• Mail fraud
• Malicious destruction of property
• Manslaughter (involuntary or voluntary)
• Mayhem
• Murder
• Pandering
• Perjury
• Prostitution
• Rape (including statutory)
• Robbery
• Theft with intention
• Transporting stolen property with guilty knowledge
• Willful tax evasion
• Aiding, abetting, being an accessory to, or conspiring to commit any of the above

Crimes that do not involve moral turpitude include:

• Black market violations
• Breach of the peace
• Carrying a concealed weapon
• Disorderly conduct
• Driving while license is suspended or revoked
• Drunk driving or reckless driving
• Drunkenness
• Escape from prison
• Firearm violations
• Juvenile delinquency
• Liquor violations
• Loan sharking
• Lottery violations
• Minor traffic violations
• Trespassing

Petty Offence Exceptions

There are instances where petty offences will not render an individual inadmissible to the U.S. According to section 212(a)(2)(A)(ii)(II) of the Immigration Nationality Act (INA), even if an individual has committed a crime of moral turpitude, they may still be eligible for entry into U.S. without a waiver if the crime qualifies as a petty offence. A crime of moral turpitude is considered a petty offence if the maximum penalty for committing it is one year or less, and the person was sentenced to no more than six months imprisonment (the exact amount of time they actually ended up spending in jail does not matter) and there is not more than one such crime.

Canadian Pardons or Record Suspensions

While there are many benefits to a Canadian pardon or record suspension, such as sealing the record for Canadian employers, it does not assist in gaining entry to the U.S. for those who are inadmissible. A U.S. waiver is still necessary in this case, as the U.S. does not recognize Canadian pardons or record suspensions.

Immigration Violations

Individuals who have overstayed in the U.S., misrepresented themselves to USCBP or USCIS to gain any immigration benefit, falsely claimed citizenship, or worked in the U.S. without work authorization are required to obtain an I-192 waiver. If they have been removed for any of these reasons, they will additionally require an I-212 waiver, which is an application to reapply for admission provided they are seeking non-immigrant entry.

Health Inadmissibility

There are several communicable diseases that are of a public health significance, and a person who has one of these diseases may not be allowed to enter the U.S. The current list of diseases includes:

• Chancroid
• Class A tuberculosis
• Gonorrhea
• Granuloma
• Inguinale
• Leprosy
• Lymphogranuloma
• Syphilis
• Venereum

Also included are select physical disorders, mental disorders, and other communicable diseases as determined by the United States Secretary of Health and Human Services. An individual who refuses the required vaccinations to enter the country may be refused entry as well.

Security Inadmissibility

Any person that has any type of security or other related violation will need to have a valid travel waiver to enter the U.S. This includes people who have been accused of or convicted of being a saboteur, terrorist, or a spy. Persons who are voluntary members of the Communist party or any other type of totalitarian party, including Nazis, and any person who would be an endangerment to the U.S. foreign policy will also need special permission to enter the U.S., which requires they prove that they are not a threat to the general public of the country. This has also included individuals involved with organized crime, including motorcycle clubs.

212(h) Waiver

For individuals who have already applied for immigrant green cards, it is possible to get a permanent I-601 waiver only if they committed a crime more than 15 years ago that denies them admittance to the U.S. A 212(h) waiver may allow them legal entry into the country. Section 212(h) of the Immigration and Nationality Act, to be specific, provides that on certain grounds, such as when the person has been rehabilitated and when admission would not be contrary to the U.S. welfare, safety, or security, offences older than 15 years may be waived for those who are already the subject of a green card application.

Extreme Hardship

For those whose criminal convictions took place less than 15 years ago, or who have immigration violations from any time period, they may apply for an I-601 waiver only if they can prove extreme hardship to a qualifying U.S. citizen such as a spouse or parent.

Contact Pilkington Immigration – Calgary for U.S. Waiver Assistance

The immigration consultants at Pilkington Immigration – Calgary are here to help you with navigating U.S. waiver eligibility, along with other U.S. visa matters such as family immigration, work immigration, and more. Contact us today to request a free five-minute consultation.


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