U.S. Waivers and Criminal Charges in Canada
Information Only – We do not offer legal advice related to U.S. Waivers
Individuals with criminal records may be denied access to the United States. You may be denied entry if you are eighteen or older and have a criminal record for crimes of moral turpitude. There are a number of crimes that count as crimes of moral turpitude. In general, having a criminal record jeopardizes your ability to gain entry into the United States.
However, it is possible to apply for a waiver of inadmissibility, which if granted will allow you to enter the United States. In some cases it is possible to apply directly to U.S. Customs and Border Protection in advance of your travel for a temporary waiver of inadmissibility. Individuals complete application forms and provide all required documentation and records to the U.S. government before they will consider granting a waiver. If one is issued then an individual is able to enter the United States, despite their criminal record.
The waiver application process is lengthy and costly. It can take up to a year to get a decision and there is a cost of US $585.00 per application regardless of the decision.
Application forms and instructions for filling them out can be obtained on the U.S. Citizenship and Immigration Service Web-site. There are different forms depending on your immigration status and different locations where you can file them. You can apply at either (1) the Port of Entry office in the United States where you hope to enter; or (2) at a Preclearance location in Canada. You may want to speak with a lawyer before completing and filing an application to ensure you are following the correct procedures and filing the appropriate documents.
Legal Information
Frequently Asked Questions
What are Some Crimes of Moral Turpitude?
Can you Enter the United States if you have a Criminal Record for Crimes Not listed as Crimes of Moral Turpitude?
What Documentation do I need to Support my Application?
What is a Fingerprint Chart?
Where Should I file my Application?
How will I know the Status of my Application?
When else may an Individual need to Apply for a Waiver?
What are Some Crimes of Moral Turpitude?
The most common types of crimes involving moral turpitude that would make you inadmissible to enter the United States are murder, manslaughter, rape, theft, bribery, forgery, aggravated battery, prostitution, and fraud.
A complete list of crimes of moral turpitude can be found on the U.S. Customs and Border Protection webpage.
Can you Enter the United States if you have a Criminal Record for Crimes Not listed as Crimes of Moral Turpitude?
It is possible you could enter the United States with a criminal record if your record does not contain any crimes of moral turpitude. However, if you have convictions for other offences it is also possible to be denied entry to the United States. Multiple convictions for any offence may also deem you inadmissible to the U.S.
What Documentation do I need to Support my Application?
Some of the documents you will need to provide are listed below. However, this list is not exhaustive and it is advisable to contact a lawyer or the office you plan to apply to before you submit an application. Some of the required documents include:
- Completed application form signed and submitted.
- Completed counsel form (if you have retained counsel).
- Fingerprint chart.
- Form containing biographic information.
- Copy of an official police record.
- Copies of any criminal file you have in any other country’s court system.
- Evidence of citizenship.
- A statement regarding your intended activities in the United States.
- A copy of the official court record from the actual court of conviction.
You must also submit a signed statement in your own words that explains the circumstances of each arrest, conviction, sentence or fine imposed. You may also submit any evidence or explanation of your reform or rehabilitation such as counseling or rehabilitation programs completed, current employment, marital status, community service, etc.
What is a Fingerprint Chart?
A fingerprint chart is a set of your fingerprints taken by authorities of the United States. You cannot provide a copy of your own fingerprints.
A United States Customs and Border Protection Officer will complete a fingerprint chart when you go in person to submit your application at a designated location. If you have submitted your application by mail, instructions for obtaining a fingerprint chart will be given to you after the rest of the application has been received.
Where Should I file my Application?
You can file your application at a Port of Entry in the United States or at a Preclearance office in Canada.
However, not all Ports of Entry accept waiver applications. It is your responsibility to file your waiver application at the appropriate office or to retain counsel to assist you with your application.
Furthermore, if you are going to file your application at a Preclearance office in Canada you must appear in person and the U.S. set of fingerprints will be taken at that time.
How will I know the Status of my Application?
You may make an inquiry about the status of your application by e-mail. However, you must allow at least 130 days from the date of submission of your application form before you inquire about its status. A full review can take up to a year and requests for status updates may add to that timeline.
When else may an Individual need to Apply for a Waiver?
Entry to the United States is denied for a number of reasons besides having a criminal record.
Therefore, there are a number of other situations that could arise where individuals need to apply for waivers to be granted access to the United States. Some common examples include: if you have a communicable disease, if you have any involvement with terrorism or terrorist organizations (but: no waivers can be approved for this category), or if you have overstayed a previous period of admission to the U.S.