Criminal Waivers

Introduction

Without obtaining a waiver of inadmissibility, individuals who wish to be granted entry to the United States for either immigrant or nonimmigrant reasons would be prohibited entry because of prior U.S. immigration problems or a criminal record. Even though the applicant is inadmissible, if granted the waiver, he/she would be given permission to enter the United States for the anticipated reason.

Basic Requirements

Depending upon whether the applicant is intending to enter the United States for immigrant or nonimmigrant reasons the standard for a waiver would vary. In order to be permitted entry based on an immigrant waiver, usually a standard of unwarranted hardship to American citizens or permanent residents would have to be disclosed. The unwarranted hardship must not exclusively be for purpose of separation between a U.S. citizen or permanent resident and a foreign national. Presently, nonimmigrant waivers are available for a period of up to five years.
If the applicant is allowed to enter, usually U.S. Immigration authorities consider the significance of the previous immigration and/or criminal offence as against the risk posed to the United States for nonimmigrant waivers. Essential aspects in this decision include the nature of the offence(s), the duration of time since the commission of the offence and completion of the sentence for the offence, and the purpose of the visit.

Where to Apply

Applications must be filed with the U.S. Consulate in Montreal for Canadian citizens applying for immigrant waivers based on family class sponsorships. The decision is currently made by U.S. Immigration authorities based at Dorval Airport in Montreal.

Pearson Airport based in Toronto, is where Canadian citizens applying for a nonimmigrant waiver in the Toronto area would go to file their application. This application would eventually be forwarded to Buffalo, New York. Applications and supporting materials must be filed by non – Canadians who are not citizens of visa exempt directly to the Consulate or Embassy, together with their visa application.

How Can A.J & Associates Help?

We are able to aid you in evaluating your admissibility to the United States and assess the necessary waiver if you are prohibited entry to the United States. Also, we are able to help in organizing the appropriate application material on your belhalf

Please select the topic that interests you:

• Advance Parole Applications
  
• Re-Rentry Permits and Maintaining Permanent Residence
  
• Other U.S. Immigration Services