Legal Chronicles

Waiver to Go to USA

What is a Waiver ?

A Waiver is a pass that will be granted following an application filed with the U.S. authorities. This document allows you to cross the border without the usual consequences of having a criminal record.

A Waiver to Avoid Bad Surprises at the Border :

If you have been recognized or have pleaded guilty to an offense of a criminal nature, it is possible you are denied entry to the U.S. at the border. Whatever the nature of your conviction, access to the United States may be denied. Such a situation can have serious consequences for you, your family, your clients, your employer, etc. When a custom officer decides to deny you access, he has the power to open a file under your name and take your fingerprints. After this, a waiver is needed to cross the U.S. border.

Pardon or Absolution is not Enough :

The fact that you have been given a conditional or absolute absolution or even a formal suspension of your criminal record (pardon) does not guarantee your entry to our southern neighbors country. Indeed, some procedures must be undertaken before your passage through customs to ensure that your file is in compliance with U.S. requirements. Contact one of our lawyers to make sure you do not have to turn back when you arrive at the border. This measure is valid whether you are traveling by sea, land or air.

Also, it is possible that, despite a criminal conviction there for several years, you have managed to cross the border several times since. However, remember that it does not guarantee that you will not be turned back at the border during your next visit. As U.S. Custom Officers have discretion to grant entry to the USA in regard to Canadians with a criminal record, a waiver, also called lifting of ban on entry, is an important insurance.

How to Apply for a Waiver ?

Whether it is for holiday or for work, one of our lawyers will handle your case. This way, you are assured that all the necessary documents and all steps have been completed properly. Please note that incomplete application submitted to the competent authorities will be returned and you will be obligated to file a new application. The second application will be treated as a new application and will undergo the same processing times and costs.

Processing time of an application can vary between 3 and 18 months commencing with the receipt of the request at the office of the competent authorities.

Call us right away at 514 990-3430 to start this important process as soon as possible !