US Waiver FAQ's: Answers to Your US Entry Waiver and US Waiver Application Questions

Can I Apply for a Pardon Only, and Add the Waiver Down the Road?

Yes, you can apply for a Canadian Pardon, which is officially known as a Record Suspension, independently of a U.S. Waiver. The two processes are separate and cater to different aspects of your legal record. A Pardon effectively seals your criminal record from public visibility in Canada, which can benefit you in various ways such as employment within the country.

If you plan to travel to the United States, a U.S. Entry Waiver is necessary because the U.S. does not recognize a Canadian Pardon. This means that without a Waiver, the U.S. border officials can deny you entry based on your past conviction, regardless of whether you’ve received a Pardon in Canada.

You have the option to apply for the Waiver at any time after obtaining your Pardon, but it’s important to remember that obtaining a Pardon does not affect the U.S. Waiver process or its outcome. If you anticipate the need to travel to the U.S., you might want to consider starting the Waiver application process in due time, as it can be quite lengthy and detailed.

How Is the Payment Process Conducted?

After the applicant pays for and submits the application, they will receive an electronic receipt and be notified that they have 45 days to go to a CBP POE to provide biometrics (fingerprints and a photograph) in order to finalize the application. 

If I Fail to Report to a Designated E-safe Port of Entry Within 45 Days, What Will Happen to My Application?

If you don’t follow through with your application, it will be considered abandoned and rejected. If you decide to apply again, you will need to submit a new application along with all necessary documents and pay the required fee.

What Is the Policy on Fee Waivers and Refunds?

According to the Canadian Intellectual Property Office (CIPO), fee waivers and refunds are possible under certain circumstances. For example, if a fee was paid twice in error, CIPO can refund the overpayment. Additionally, if an applicant can prove that they are unable to pay the fees due to financial hardship, they may be eligible for a fee waiver. However, the criteria for financial hardship are strict and require a detailed explanation and supporting documents. It is also important to note that not all fees are eligible for a waiver or refund. Applicants are advised to consult the fee schedule and the relevant Practice Notice on fee waivers and refunds on the CIPO website for more information. Find out more here.

How Do You Request a Waiver or a Cancellation of Taxes?

It is possible to waive or cancel taxes, either partially or fully, if they find it reasonable to do so after taking into account all relevant factors. These factors include but are not limited to, whether the tax was a result of a reasonable mistake if the transaction that gave rise to the tax also resulted in another tax under the Income Tax Act, and the extent of payments made from the person’s registered plan. It is important to note that this waiver or cancellation only applies to taxes paid under anti-avoidance rules and does not cover any other taxes under the Income Tax Act.

To be able to consider your request for waiving or canceling the tax liability, they require a letter that outlines the reason behind the tax liability and provides justification as to why it would be fair to waive or cancel all or a portion of the tax. Find out more here.

Can Penalties And/or Interest Be Canceled or Waived?

According to the Canada Revenue Agency, penalties and/or interest may be canceled or waived under certain circumstances. The criteria for cancellation or waiver of penalties and/or interest include situations where taxpayers are unable to meet their tax obligations due to circumstances beyond their control, such as natural disasters or serious illness, or in cases where the CRA has made errors or delays that resulted in the taxpayer’s failure to meet their obligations. Additionally, the CRA may consider canceling or waiving penalties and/or interest if doing so would be in the interest of fairness or if it would promote taxpayer compliance. It’s important to note that taxpayers must apply for the cancellation or waiver of penalties and/or interest, and the CRA will review each case on its own merits.

Would E-safe Be Willing to Accept Payments Made Online?

e-SAFE will allow applicants to make payments for their waiver applications. Once the application is completed, e-SAFE will redirect the applicant to the Pay.gov platform of the Department of Treasury to pay the application processing fee. e-SAFE will accept payment via ACH debit and credit card.

Where Can I Acquire Further Details Regarding E-safe?

You can find more information or updates by visiting these websites:

• www.cbp.gov/travel/international-visitors/e-safe
• e-SAFE.cbp.dhs.gov

What Is the Process for Updating My Email Address?

If you wish to change the email address associated with your account, simply access e-SAFE and enter the new email address. Once you do this, the email notifications for that particular application will be updated right away.

What Is the Process for Receiving My Approved Waiver?

e-SAFE will utilize the email address you have provided during your application to send you a notification when there is a change in your application status. To view the decision, it is necessary to log into e-SAFE. If your application is approved, you will receive an electronic version of the signed Form I-194, which you must carry with you every time you travel to the United States. Conversely, if your application is denied, you will receive Form I-292, which indicates the denial.

If I Already Possess a Valid Waiver, Is It Necessary for Me to Request and Receive a New Waiver via E-safe?

Your approved waiver will stay valid until either its expiration date or until it is revoked by CBP. If you have been granted a waiver by the U.S. Customs and Border Protection (CBP), it means that you have been exempted from certain requirements that are normally imposed on travelers entering or leaving the United States. The statement “Your approved waiver will stay valid until either its expiration date or until it is revoked by CBP” means that once CBP has approved your waiver application, it will remain in effect until either the expiration date specified in the waiver or until CBP decides to revoke it.

In other words, you can use your waiver to travel in and out of the United States during the validity period specified in the waiver without having to fulfill certain requirements that would normally be required of travelers. However, it’s important to note that CBP retains the right to revoke your waiver at any time, so you should always ensure that you are in compliance with any conditions or restrictions specified in your waiver, as well as with any applicable U.S. laws and regulations governing travel and immigration.

Is It Possible for Someone to Request a Waiver on My Behalf?

When applying, applicants can ask an authorized attorney or accredited representative to lend a hand, as long as they have an e-SAFE account and a valid Form G-28 signed by the applicant. This person can help complete the application, upload the necessary documents, and pay the fee. However, the applicant is ultimately responsible for ensuring the accuracy of all information provided. It’s worth noting that the e-SAFE system doesn’t change the way authorized representatives can represent applicants.

What do Form I-192 and Form I-212 refer to?

Form I-192 and Form I-212 are two legal instruments used in the United States to grant entry or re-entry to nonimmigrant aliens from visa-exempt countries who are deemed inadmissible. While Form I-192 allows them to apply in advance for temporary permission to enter, Form I-212 permits them to apply for consent to reapply for admission after being excluded, deported, removed, or unlawfully present in the United States for over a year. In short, both forms serve as a means for inadmissible nonimmigrant aliens from visa-exempt countries to obtain legal entry or re-entry into the United States.

Who can apply for an e-SAFE waiver?

Citizens of visa-exempt countries (such as Canada, Palau, the Federated States of Micronesia, and the Marshall Islands) who are considered inadmissible as nonimmigrants can seek a waiver of inadmissibility by completing and submitting Form I-192 and Form I-212 through the e-SAFE system.

What is E-Safe?

The CBP has launched a novel online system, e-SAFE, which offers eligible nonimmigrants a new way to apply for a waiver of inadmissibility. This system is designed specifically for nonimmigrants who do not require a visa to enter the United States, such as citizens of Palau, Canada, Federated States of Micronesia, and the Republic of Marshall Islands. Through the use of Form I-192, applicants can utilize e-SAFE to request the waiver of inadmissibility.

Where in the Country Does a USA Waiver Allow Me to Travel?

Once you’re granted a U.S. Travel Waiver, you’re permitted to travel to any area in the U.S. Some of the most popular destinations for Canadian tourists are Florida, California, Washington State (Seattle), New York, and Hawaii. The process for a criminally inadmissible individual to travel to the United States is very straightforward. A lawyer prepares and submits a US Waiver form to the Government on their behalf, they are issued a Waiver for US entry, and then they are allowed to cross the border without being intercepted.

What should I know about getting into the US as a first nations citizen?

Native Americans in Canada who were born in Canada and are members of Canada’s First Nations are allowed to freely cross the US/Canada border under the terms of the Jay Treaty so long as they don’t have a criminal history. However, if the native citizen living north of the border has a criminal conviction on their record, then US Customs and Border Protection officers could stop them from entering the country. Accordingly, if you are a First Nations person with a criminal past, you will still need a US Waiver to enter the United States. So if you’re an Indigenous Canadian with questions about traveling to the US, please give us a call for a free consultation.

How Can I enter the US from Canada as a Non-Canadian?

For foreigners who are not Canadian citizens, traveling to the United States from Canada is no different than if they were to cross the border from the foreigner’s own country. The difference is, that these individuals would have to have a valid passport and not be ineligible for a visa due to past criminal activity, immigration problems, or some other mishap. Though if a person doesn’t possess the necessary Visa, they are prohibited from entering the US, they are traveling from Canada not their home country. Persons who are inadmissible to the US due to a criminal record must also apply for the US Waiver since they need permission to enter the US.

Can I Lose My Admissibility by Falsely Claiming Citizenship?

It is illegal for an individual who has falsely claimed to be a citizen of the United States of America after September 30, 1996, to come to the United States without a United States Waiver. Federal law, in the Immigration and Nationality Act, permanently prohibits them from entering the country. People who are falsely claiming to be US citizens will be banned from the country for life, and there is no circumstance where the US would issue a Travel Waiver, except for extreme cases.

Can I be denied entry into the US if left the country to avoid serving in the Military?

If you are someone who left the United States in order to avoid conscription or a person who has left the armed forces, there may be an outstanding warrant for your arrest or you may be ineligible to enter the United States. Anyone unsure about this can contact the nearest CBP or DHS office and inquire about their status. Even individuals who did not serve in the military and who left the United States under unclear circumstances may find a warrant for their arrest in the United States. If this is the case, and you attempt to enter the country, you will be arrested when you arrive. You will usually be taken to the state where your warrant is. In order to find out if there is a US warrant for your arrest, check with a local DHS or CBP office.

What I need to know about the E-safe waiver

From the middle of 2019, individuals from visa-exempt countries who are eligible may submit their applications online using Form I-192 and Form I-212 through e-SAFE. However, those who opt for electronic filing via e-SAFE must go to an e-SAFE designated port of entry to complete the biometrics appointment phase (which includes fingerprints and a photograph) of the waiver process. The updated catalog of e-SAFE ports of entry can be viewed at e-SAFE.cbp.dhs.gov. While most ports of entry already gather biometrics for manually filed forms, only the designated ports of entry are currently able to handle e-SAFE electronic filing with CBP biometrics processing for Form I-192 and I-212 applications. Other locations will be added over time and will be made public through the e-SAFE website and www.cbp.gov. For those who do not file their applications online, paper filing will continue to be accepted at ports of entry. Any changes or updates to this procedure will be announced on www.cbp.gov.

If you are planning a trip to Canada and have a criminal record, you must apply for an eTA (Electronic Travel Authorization) to travel there by air. If you do not have an eTA, you will be automatically denied entry into Canada. There is no way around it, however, entering the US with a criminal record for Canadian citizens is possible after approval for an Entry Waiver USA. A US pardon for Canadian citizens is now possible in just 40 days thanks to the DHS eSAFE portal!

If you are looking for the quickest way to receive a pardon to enter the United States from Canada, you may wish to utilize a Travel Waiver USA that is processed through the e-SAFE program. Such a Waiver may allow a person to cross the border either by car or by air. Though the process of completing a Waiver application to enter the United States can be difficult, so many Canadian citizens and permanent residents turn to experienced immigration professionals for help.

All You Need to Know About the U.S. Waiver in Canada

One of the first pieces of paperwork you should get as a new Canadian permanent resident is Form I-551, commonly referred to as the green card or U.S. waiver in Canada. This card proves that you’re allowed to stay in Canada and serves as the basis for your status as a permanent resident—you can’t travel outside of Canada without it! This article will provide an overview of the U.S. waiver in Canada, including what it is, how to apply, and what happens if you lose your green card or let it expire after becoming a Canadian permanent resident.

What are some other less common situations where you can be denied entry to the states?

Apart from the ones mentioned above, you can be denied entry to the United States for the following reasons:

• If you previously overstayed your welcome
• If you were previously deported from the country
• If you have a communicable disease
• If you were arrested and not found guilty

What are crimes of moral turpitude?

Crimes of moral turpitude are such acts or crimes that crossed the boundary for what is considered morally acceptable in any society. It is a legal concept in the United States and a person who has committed it, is automatically criminally inadmissible to the country.

How Often Can I Use My US Entry Waiver?

With a US waiver, you can travel to the United States with the same duration and frequency as any admissible citizen of Canada. The validity of your waiver will be anywhere from 1 to 5 years.

What is Inadmissibility?

Inadmissibility basically means your inability to enter a country or a region legally. It could be because of your criminal record, medical condition, or your expired visa. If you are deemed inadmissible to the USA, then it means you are not allowed to enter the United States of America legally.

United States Entry Waiver

The United States of America can refuse entry to any individual convicted of a criminal offense. However, by obtaining a US Waiver you can make sure that you will not be turned back at the border if you have a criminal record. A US Entry Waiver overrides any personal discretion the officers at the US borders may have and therefore anyone with a waiver can legally travel to the United States without the risk of having your entry denied.

How Much Does it Cost to Renew My Existing Waiver?

The cost to renew your U.S. Entry Waiver is similar to acquiring your first Waiver, since the legal process of your application must be refreshed to be compliant with U.S. application standards.  However, Pardon Applications of Canada does offer a renewal discount for returning applicants.  Schedule a call to start your renewal at least 6-months in advance of your current Waiver expiring.

How Often Can I Cross the Border Once I Get My Waiver?

Once you have a valid U.S. Entry Waiver document in your possession (in conjunction with your Passport), you may cross the border an unlimited number of times during the term of your Waiver.

If I’ve Never Entered the U.S. before, Should I Get a Pardon First?

Although considered a positive, reformative step in Canada, whether you have a Pardon or not bears very little to no benefit toward your admissibility into the United States.  For example, if a U.S. Customs & Border Protection Officer were to ask you if you’ve ever been criminally charged or fingerprinted, you would be obliged to answer honestly whether Pardoned or not.  And that honest answer could make you inadmissible to the U.S.  Additionally, no one in Canada can say with certainty the exact information available to U.S. Custom Officers when you try to cross the border.  For these reasons, it is advisable to obtain a U.S. Waiver if you don’t wish to leave your admissibility to chance when seeking to cross the border.

Can I Apply for a U.S. Waiver if I’m Not a Canadian Citizen?

Yes.  In addition to your U.S. Waiver application, however, an additional Visa application may be required.

Connect with an A+ Accredited Officer to see what you will require to secure your travel freedom to the U.S., or Schedule a call.

Are There Any Criminal Offences That Do Not Require a Waiver Before Travel to the U.S.?

One (and only one) impaired driving charge or a simple assault charge may not cause you denial when attempting to enter the U.S.  Whether you are allowed entry is completely at the discretion of Customs & Border Protection (CBP) Officers at the time of your attempt to enter. CBP Officers have absolute authority to deny entry to a traveler on the basis of any charge or suspicion of your criminal record.  For the vast majority of criminal records, it is necessary to apply for a U.S. Waiver application.

What if I Have a Layover in the U.S. on My Way to Another Country?

Regardless of how long you stay in the U.S., even just for a layover, you will be required to go through U.S. Customs just the same as if the U.S. was your final destination. If your criminal record is discovered, you could be barred from entry, arrested on the spot, detained at the border and/or face confiscation of personal property in your possession, whether or not the property is yours.  This could mean you will not make your travel connections and your entire trip could be jeopardized.

For more travelers, it is not worth the risk. See if you qualify for a U.S. Entry Waiver or Schedule a call to get started on your U.S. Waiver application.

I’ve Crossed the U.S. Border Before with My Record. Do I Need a Waiver?

You have been fortunate.  You may cross the U.S. border previously when Customs & Border Protection Officers did not perform a search of your history. Sooner or later, Border Officers will do a more thorough check and scan of your passport. When they find your criminal record, you could be barred from entry, arrested on the spot, detained at the border and/or face confiscation of personal property in your possession. Further, if CBP Officers determine that you were fully aware of your inadmissibility and still attempted to cross the border, your denial could be treated more seriously.

Schedule a call to speak with an A+ Accredited Officer regarding your U.S. Waiver application.

Should I Get a Lawyer to do My U.S. Waiver Application?

It is absolutely your option to retain a lawyer to attempt completion of your U.S. Waiver application process.  However, you will likely be subject to legal fees and disbursements that are 3-4x higher than retaining Pardon Applications of Canada. In addition, lawyers do not have the same expedited application process, nor do they have a higher chance of success. They may not be specialized in U.S. Waiver applications at all. Many lawyers utilize Pardon Applications of Canada as their processing firm and then charge their clients a premium when the work is done.  Working directly with Pardon Applications of Canada, you pay a lower overall fee and ensure the highest quality of your application.

Apply Now to get started on your U.S. Waiver application today or Schedule a call.

Can I Attempt to Complete My Own U.S. Waiver Application?

It is absolutely your privilege to try. There is no legal requirement to use an accredited processing firm for your U.S. Entry Waiver application process. But, similar to representing yourself in court, attempting your own application carries several risks.  First, you need a thorough understanding of the entire U.S. Waiver application process.  Each stage of the application process has strict requirements, and each one must be done in a specific order and time frame. If one or more of the requirements are not met, or not done in the right sequence, your application may be rejected or become invalid.  For most Canadians, it makes sense to ensure their application is done accurately and correctly the first time. And that is precisely the objective of Pardon Applications of Canada.

Schedule a call to speak with an A+ Accredited Officer about a U.S. Waiver application.

How Long Will it Take to Get a U.S. Waiver?

From making the first call to Pardon Applications of Canada, to receiving your U.S. Entry Waiver document, you can expect a total timeline of 6-12 months. There are two distinct phases of a Waiver application process which define its overall timeline.

The 1st timeline stage is to properly process your application in accordance with the specifications set out by the U.S. Department of Homeland Security. This is the legal process that Pardon Applications of Canada assists or completes on your behalf to ensure your application meets every specification. Once completed, your Waiver application is submitted by you, in person, to a registered Homeland Security location (usually a border crossing or airport in your area) for their independent review and decision. This is the 2nd timeline stage of your application process.

There are 3 ways Pardon Applications of Canada expedites your U.S. Waiver application processing:  effective management of the legal process, efficient processing of the application once the process specifications are met, and obtaining quick solutions if questions or obstacles arise.  Pardon Applications of Canada is an industry leader in all three areas, which means your Waiver application is processed with the most efficiency and accuracy possible.  In addition, Priority status is available for urgent applications.

View more information on US Waiver Timelines or Schedule a call to get started on your Waiver application today.

How Long is My U.S Entry Waiver Valid For?

The length of time that your U.S. Entry Waiver is valid for is determined entirely by Customs & Border Protection, a division of the U.S. Department of Homeland Security.  It is not uncommon for first time applicants to be granted a Waiver for 1 or 2 years, but many applicants receive a 2-5 year term immediately (5 years is the maximum).  If you are granted a shorter term than 5-years, this gives the U.S. the opportunity to “test” out your conduct during your time in the United States before committing to a longer term.

Regardless of the term of your Waiver, you will be establishing a positive relationship with the U.S. by demonstrating compliant conduct while in the States.  If you continue to apply for and get Waivers, without any new problems arising, subsequent Waivers will likely be granted for longer periods of time as you establish trust. Ultimately, your goal is to establish an extended, trouble-free travel history with Customs & Border Protection.

Learn more about how long the Waiver application process takes or Schedule a call.

Does the U.S. Know About My Criminal Record?

If you have ever been charged or fingerprinted in Canada related to a criminal mater, you were registered with a unique FPS#. Your name, fingerprints, charges and criminal record in Canada are all attached to your FPS# and completely accessible by the United States. Even obtaining a Pardon (record suspension) in Canada does not remove the FPS data accessible by U.S. agents — a common misconception. When you attempt to enter the United States via land (border) or air (airport), U.S. Customs & Border Officers access the same criminal database used by the RCMP in Canada.

Why Must I Get a Waiver to Travel to the U.S.?

It is illegal for a Canadian or resident to attempt entrance into the U.S. with most criminal records.  If you risk trying to enter by land or air, and you are not a U.S citizen or do not have a valid U.S. Entry Waiver, you may be barred from entry, arrested, detained and/or face confiscation of personal property in your possession. It is a serious offense to attempt entrance into the United States illegally.

Start by finding out if you need and/or qualify for a U.S. Waiver, or Schedule a call.

What is a U.S. Entry Waiver?

A U.S Entry Waiver (also known as a “Waiver” or ”I-192”) is a legal document issued by the Customs & Border Protection (CBP), a division of the U.S. Department of Homeland Security, which awards advance permission in writing to the applicant to enter the United States for a period of time. Most Canadians & residents with a criminal record require a Waiver before entering the U.S.

Once a traveler has a valid U.S. Waiver, they are legally allowed to enter the United States an unlimited number of times via air or land throughout the term of the Waiver, regardless of their criminal record.

If your freedom to the United States is important to your life going forward, Schedule a call or Apply Now.