You can apply for a U.S. Waiver from the Department of Homeland Security. Here’s how:
The appropriate application for you to gain entry to the United States is a I-192, Application for Advance Permission to Enter as a Non-immigrant.
Additional information is also required for your Application:
- Proof of citizenship and identity, such as passport, citizenship card with photograph, naturalization certificate, or birth certificate. Please note that a driver’s license is not considered proof of citizenship, but may accompany a copy of another document listed above.
- Completed Form G-325A, Biographical Information, signed and dated by you.
- If you have ever used a name other than your full legal name as provided in the application: you must list any names ever used, including names from previous marriages. Evidence of any legal name changes, such as marriage certificates, divorce decrees, etc. must be included. Copies are acceptable.
- Criminal/Police Record: you require a print-out of your criminal record from the R.C.M.P Canadian Police Information Centre (“CPIC”) in Ottawa. The record from CPIC will list all of your convictions throughout Canada. The CPIC fee for retrieving your criminal record is $25. This record is valid for 15 months from the date of issuance for submission with your Form I-192.
- Fingerprints: You may attend a local police station to have your fingerprints taken. Please note that your fingerprints must be taken on Form C-216C. This document will be available when you attend the local police station. The returned Civil Product and any accompanying records must be dated and endorsed by the R.C.M.P. within 15 months of submission of your Form I-192.
- Court Information: you must provide all court documents detailing your offences, including a copy of the Information or Indictment, which lists the charges, a copy of the Record of Proceedings, which provides information as to the disposition of your matter. Please note that these must be certified by the court. If any fines were ordered, please provide proof of payment of any fines.
- Reference letters: we suggest that you provide at least two character references.
- Personal statement: we require that you provide a written statement as evidence and/or a written account demonstrating rehabilitation and character reformation related to you being inadmissible. The focus of such evidence should include, but is not limited to, targeted counseling, rehabilitation programs attended/completed, achievements in community service, or other relevant, credible information showing rehabilitation and character reformation. We will review your statement and advise on the specific content for appropriateness. This personal statement should also include reasons for why you wish to enter the United States.
- Employer Letter: We suggest filing a letter from your employer or a copy of your most recent tax return to confirm your income.
- Doctor’s Certificate: If you have been convicted of a narcotics offence, we suggest obtaining a letter from your physician or a drug testing lab indicating that you are not a user of narcotics.
- Sexual offences: If you have been convicted of a sexual offence, you will be required to provide documentation demonstrating reformation of character and verification of the victim’s age.
Lindsay Kenney LLP
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.