US Waiver for Canadians

I-192 waiver application cost going up?

noreply@blogger.com (Unknown) — Fri, 09 Sep 2016 14:35:00 +0000

As mentioned by a contributor on the I-194 waiver forum, a recent article on CBC (Have you ever smoked weed?) has made claim that the cost of an I-192 waiver application is increasing from $585 to a whopping $930 US ($1,200 CDN) later this year.

There seems to be some truth as found on a US Federal Register under a section labelled "TABLE 9—PROPOSED FEES BY IMMIGRATION BENEFIT" (see here: https://www.gpo.gov/fdsys/pkg/FR-2016-05-04/pdf/2016-10297.pdf) If these changes move ahead Canadian's who have been previously denied entry to the US will see a 59% increase on their US waivers.

There is some potential good news in that all waivers after the fee increase may be issued for a set 5 year (instead of the current 1, 3, 5 year) with limited exceptions for sexual assault convictions but that has yet to be confirmed. Waiver renewal application processing seemed to have gotten quicker over the summer with some applicants commenting on 3 month returns. So perhaps we can focus on some good news to finish our summer holiday.

I-192 entry waiver application forms updated

noreply@blogger.com (Unknown) — Sat, 13 Aug 2016 15:01:00 +0000

The I-192 entry waiver application form was updated in June (revision 06/10/16). The form is now 8 pages and portions can be completed on your computer using the client version of Adobe Reader. The link to the application form is here: (I-192, Application for Advance Permission to Enter as a Nonimmigrant). As stated on the Department of Homeland Security web site, older forms can continue to be submitted until August 29, 2016.

06/10/16. Starting 08/29/2016, USCIS will only accept the 06/10/16 edition. Until then, you can use the 04/15/13 edition. You can find the edition date at the bottom of the page on the Form and Instructions.

Instructions for filling out I-192 waiver form can be found here: Instructions for Form I-192 (PDF, 218 KB). There has been no change to the $585 USD filing fee.

US Entry Waiver FAQ

noreply@blogger.com (Unknown) — Tue, 14 Jun 2016 15:29:00 +0000

Please bookmark and refer to my US entry waiver FAQ. It is updated infrequently but contains some of the most pressing and relevant answers around obtaining and utilizing a waiver of inadmissibility.

http://uswaiver.blogspot.ca/p/us-entry-waiver-faq.html

Rule #1: Do not attempt to bribe border official

noreply@blogger.com (Unknown) — Tue, 07 Jun 2016 20:04:00 +0000

Following on rule number one, rule number two is something about not trying to enter the US with marijuana. Rule number three is obviously about not attempting to enter the US with live shotgun shells in your vehicle. Unless of course this gentleman from Nanaimo was actually attempting to get barred permanently from the US. This all went down a few weeks ago at the Sumas border crossing in BC.

Read the rest of the story here: Nanaimo man charged with bribing U.S. official at border

ARO: Now wait 150 days to check waiver application status

noreply@blogger.com (Unknown) — Wed, 18 May 2016 15:09:00 +0000

ARO (Admissibility Review Office) seems to have quietly updated the minimum number of days one has to wait before checking the status of an I-192 waiver application. Previously 120 days, multiple individuals have confirmed that ARO is now asking applicants to wait a 150 days before making an inquiry. User @Narek on the I-194 waiver forum recently posted this response:

This email address is for questions regarding the status of applications on file with the U.S. Customs and Border Protection (CBP), Admissibility Review Office (ARO). The ARO is responsible for the following applications: Form I-192, Application for Advance Permission to Enter as Nonimmigrant, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, and Form I-824, Application for Action on an Approved Application or Petition. Please note the ARO will respond to inquiries on the latter form only in those instances where the action is related to obtaining a duplicate approval notice for a Form I-192 or I-212.

IMPORTANT NOTE: Every request for application status must contain the date the application was submitted to CBP. You will receive a follow-up e-mail to your inquiry if you provide this information and your application has been on file with CBP for a minimum of 150-days.

As mentioned on this blog previously, I-194 waiver processing times are massively delayed with some waiver applicants waiting 9-12 months or more.

Update: information about checking your waiver application status can be found here: 2 ways to check status of your waiver application

Preclearance to be extended to land crossings

noreply@blogger.com (Unknown) — Mon, 09 May 2016 13:22:00 +0000

The government is preparing to introduce legislation that will extend preclearance locations to land border crossings. Already in place at eight airports, air preclearance is currently being introduced at Quebec City (YQB) and downtown Toronto (YTZ). The new rules will also govern the rights and responsibilities for US customs agents working on Canadian soil.

Continue reading: Liberals set to introduce bill on the Canada-U.S. border

My Thanks to the Parole Board of Canada - Pardons

noreply@blogger.com (Unknown) — Tue, 03 May 2016 13:31:00 +0000

I successfully received my Pardon from the Parole Board of Canada back in 2013 after a gruelling three year wait. Ill-advised, I applied with assistance from the organization, Pardons Canada. I later determined they added little value to the process (you really can file for a Pardon on your own).

Fortunately, I received my Pardon before it evolved into it's current form as the Harper-initiated "Record Suspension" (a somewhat diluted version of the old Pardon).

Fast forward to a few months ago. I had the opportunity to do some volunteer work with an organization which requires participants to provide a Background Check (Records Check). It was my first chance to see whether or not the Pardon had successfully wiped my records from CPIC. Obviously, I had some reservations as to whether or not my records had actually been wiped (not everything always goes as planned). As this was a last-minute opportunity, I decided to apply for an express Record Check (same day) with Ottawa Police Services at the Queensview Drive location. The process took a little under 30 minutes. The result? Well, with thanks to the Parole Board of Canada, my Record Check now comes up blank.

So where does that put me for my next I-192 waiver application? I suspect it will amount to a longer processing time with the RCMP Record Check (C216-C) as my record is now sealed as stated on the RCMP web site: The RCMP will seal your criminal record upon notification that a record suspension has been granted by the Parole Board of Canada.

I-192 waiver application processing delays?

noreply@blogger.com (Unknown) — Wed, 13 Jan 2016 14:45:00 +0000

The Admissibility Review Office (ARO) located in the Washington, DC area and a department within Customs and Border Protection (CBP) has been the sole agency adjudicating I-192 waiver applications since 2005. Department of Homeland Security (DHS) created the ARO in an effort to achieve consistency in the adjudication of all nonimmigrant waivers (CBP Memorandum from March 22, 2005).

Processing times

Application processing for the I-192 waiver can vary from case to case. AROs goal is to process each application within 120-180 days of the filing date, but there are many cases in which the processing period is much longer. The delay is not always with the ARO, but sometimes with other federal agencies responding to the necessary background and security checks (often referred to as secondary security checks).

First time waiver applications usually involve the longest processing time with subsequent waiver applications being completed much quicker – often within 90-120 days. Recently applicants have reported longer processing times even with renewal applications (200+ days or more). So what's causing the delay? Staff shortages, changes or additions to the processing system? Unfortunately there isn't a clear answer. Interestingly, the CBP website (Find an Answer) recently updated this document (Entry into the U.S. - Canadian with criminal record or overstay, waiver) with the following specific to status requests:

...a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline.

One year adjudication for potentially a 1 year waiver is obviously disconcerting. Let's hope this situation is only temporary. It's still advisable to have your application submitted at least 6 months prior to your intended US travel date, while some might consider adding an additional month or two as buffer.

Checking status

Keep in mind that the ARO recommends waiting at least 130 days from the date of submission of you I-192 before making an inquiry about the status of your application. (email address: inquiry.waiver.aro@dhs.gov)

Have you been waiting longer than 180 days for your waiver?

Likely no amnesty with change in marijuana law

noreply@blogger.com (Unknown) — Sat, 09 Jan 2016 22:01:00 +0000

Expect to have your pot record expunged once marijuana is legalized? Think again.

Why? Well, when someone is charged with a crime, the laws in place at the time of the offence dictate how that individual will be punished if convicted. An exception is outlined in Section 11(i) of the Charter of Rights and Freedoms:

“Any person charged with an offence has the right . . . if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing to the benefit of the lesser punishment.”

The Charter says nothing about granting amnesty to a convicted individual whose offence later ceases to be a crime. That’s why, if marijuana is legalized in Canada, the legislation will probably not come with an amendment that allows all those previously convicted of possession of marijuana to be pardoned and have their criminal records expunged.

Tens of thousands of Canadians are charged with possession each year. Pardons would have to extend not just to the individual caught with a small amount, but to notorious suppliers and dealers as well. Probably not such a good idea.

The previous Conservative government overhauled the pardon system in 2012, making it more expensive and rigorous. Pardons, now called record suspensions, seal a criminal record to allow offenders who have lived crime-free to reintegrate, get better jobs and travel abroad. The Parole Board of Canada has grappled with a backlog of pardon applications dating to the government's changes, though it said last May it only had 5,000 left.

Proponents of legalization argue a marijuana possession conviction can play havoc with an individual’s life, including gaining employment and travelling across the border into the US. It's certainly a good starting position. Canadians “who have been impacted” will no doubt speak up with one voice demanding amnesty.

Found article: Refused US entry due to a past drug conviction

noreply@blogger.com (Unknown) — Tue, 03 Nov 2015 13:22:00 +0000

You can be refused US entry due to a past drug conviction or simply for admitting to have done drugs in your past. The current US border policies are long overdue for an update. As this article points out: "There's no reason to believe America is safer when we exclude or harass foreigners who are honest about drug use—and that's the only thing this policy achieves."

Read the complete story: Why is it Still Illegal to Visit the US if You Admit to Using Drugs?

US visa application: reference links

noreply@blogger.com (Unknown) — Wed, 04 Feb 2015 19:11:00 +0000

Whether denied entry to the US because of an overstay, criminal record or other reason, the visa application is often unnecessarily bureaucratic. The following is list of important reference links that will hopefully assist you in successfully being permitted into the US for travel.

Forms:

Background information about the United States Waiver of Inadmissibility (Wikipedia)

Do you actually need it? US waiver inadmissibility decision chart

Discuss your application: I-194 Waiver forum

Ask a question, get an answer

Record Suspension, YouTube edition

noreply@blogger.com (Unknown) — Wed, 14 Jan 2015 14:37:00 +0000

Not YouTube

Everyone who reads this blog already knows that you don't need a lawyer to get an I-194 US waiver. The application and interview – although bureaucratic – is something you can do yourself. Well, it's the same with a Record Suspension (formally called a Pardon) and the Parole Board of Canada (PBC) is doing their best to teach the public this important fact.

The Parole Board of Canada on YouTube

Last February the PBC created a YouTube channel that already has a surprisingly good list of helpful content. While not recognized by the US, it's still quite obvious that getting a Record Suspension is a good idea. If you've started your application and need some help, PBC has created this short 4 minute video "Tips for completing a Record Suspension Application".

The main point PBC is trying to share is that you don't need a pardon services company to make an application for a Record Suspension. To emphasize this point, PBC has even created a complete educational video series on "How to Apply for a Record Suspension". 17 segments long containing 7 chapters it should certainly be enough to help even the most unacademic of us Canadian criminal record bearers. Have you already used the Parole Board tutorials to help in your pardon application? Add a comment about your experience.

Travel report: NYE in FLA!

noreply@blogger.com (Unknown) — Tue, 06 Jan 2015 21:16:00 +0000

I flew down with family during the holiday from Ottawa to St Petersburg, Florida and stayed through January 1st.

Although it was Christmas break, customs and border protection seemed to be lightly staffed as we were the last flight of the day heading to the US. As with all other times – when travelling with my wife and children – we were not passed on to secondary screening. Once the border officer had taken my digital fingerprints and mug shot we were sent on our way. Quite painless. Total time through customs was less than 5 minutes.

Of note, Ottawa pre clearance has not yet implemented the automated passport control systems which have been popping up in other parts of Canada.

What's the duration of your I-194 waiver?

noreply@blogger.com (Unknown) — Tue, 23 Dec 2014 21:35:00 +0000

The I-194 waiver is typically issued in durations of 1, 3 or 5 year increments. Here's another poll on the duration of entry waivers. Take a moment and provide your feedback below.

US entry Automated Passport Control program

noreply@blogger.com (Unknown) — Mon, 22 Dec 2014 11:00:00 +0000

This month, US Customs and Border Protection introduced their new Automated Passport Control (APC) kiosks at the Edmonton Airport pre clearance US entry facility. The new kiosks are intended to expedite the entry process by eliminating the need to fill out the blue paper customs declaration form.

US and Canadian passport holders and international visitors from Visa Waiver Program countries are eligible to use APC kiosks. The kiosks can even be used by more than one person at a time, if they live at the same address.

There are five steps to the automated process: scan your passport, take your photo using the APC kiosk, answer the customs declaration questions using the touchscreen, collect your receipt and proceed to a USCBP officer to complete the process. APC is a free service and does not require pre-registration or membership.

If you are an I-194 waiver holder and used the kiosk, please leave a comment about your experience.

US entry waiver help

noreply@blogger.com (Unknown) — Fri, 19 Dec 2014 10:30:00 +0000

Just a reminder about this free and indispensable US entry waiver resource. Held each Wednesday at 12pm eastern, immigration legal expert Laurel Scott hosts a live chat. I took advantage of the most recent session and asked the following with regards to a question I had about my inadmissibility:

canadianwithwaiver: First, thanks in advance for your support. Canadian with 2 criminal convictions (both theft under $1K) who travels to the US with an I-194 waiver. I found the following on state.gov about how ARO accesses admissibility. Specifically: "if you have more than one conviction, CIMT or otherwise for which the aggregate sentence was more than 5 yrs, you are inadmissible.” The combined for my summary convictions is 1 year although as stated, I have 2 convictions. So my question is: is the determination of inadmissibility based on more than 1 CIMT or is it based on the aggregate of those sentences? I am trying to determine if I might be eligible for something called a September letter.

And her response to my question:

Laurel: There are several grounds of inadmissibility for criminal history. Sometimes different grounds look very similar or seem to be covered under a different section, but the reason there may be more than one is that the waivers are different. So there is a separate ground of inadmissibility for multiple convictions with an aggregate sentence of more than five years, but that doesn't apply to you. What does apply to you is the single conviction ground of inadmissibility. You see, if you only have one conviction for something that qualifies for the petty offense exception, you wouldn't be inadmissible at all. But because there are two, you don't get to take advantage of the petty offense exception. So you are inadmissible for having "at least one" conviction for a CIMT.

Scott Immigration's live chat can be found here. If you've missed the live chat, you can also view the transcript archives here.

US border crossing? There's an app for that

noreply@blogger.com (Unknown) — Thu, 18 Dec 2014 10:30:00 +0000

Yesterday US Customs and Border Protection (CBP) released an app to help travellers cross the border more quickly and easily. Initially available for Android and iOS, the CBP Border Wait Times app provides estimated wait times and open lanes status.

Aiming to provide a bit of holiday relief for Canadian travellers', the app breaks down those wait times at each crossing by lane type (Standard, Sentri, FAST, Ready Lane, Nexus, etc.). Finally, using the smartphone's GPS, the app can also locate your nearest port of entry and best route to the border.

The Android version is available in the Google Play Store
The iOS version for iPhone, iPad and iPod can be found in the App Store

CBP Advisory: Beware of phishing scam

noreply@blogger.com (Unknown) — Wed, 17 Dec 2014 14:53:00 +0000

U.S. Customs & Border Protection (CBP) placed a notice recently on their Info Center site about a phishing scam. What's a phishing scam? Here's the description on wikipedia: Phishing is the attempt to acquire sensitive information such as usernames, passwords, and credit card details (and sometimes, indirectly, money) by masquerading as a trustworthy entity in an electronic communication.

In this particular scam, the perpetrators are emailing or calling pretending to be CBP and asking for ATM or credit card info. CBP posted the following to keep in mind and avoid being scammed:

CBP does not generally call anyone concerning consignments, monetary instruments (checks, money orders, cash, lottery, inheritance, ATM cards, etc.), that are allegedly being held.
CBP Officers do not threaten people to make payments of any kind, so if you get a call like this it is a scam.
CBP does not send unsolicited emails to anyone for anything. The only exception is if you have sent an email to the official CBP Web site, www.cbp.gov requesting a response. Legitimate emails from CBP employees will end in @dhs.cbp.gov.

For additional information see this original post: CBP Fisher SCAM

Got waiver? Great, now you can move to the US

noreply@blogger.com (Unknown) — Fri, 12 Dec 2014 10:31:00 +0000

I contacted the CBP Info Center recently regarding an opportunity I'd been given by my employer to temporarily relocate to California on a project. Although I subsequently turned down the offer, I did receive a positive response from CBP around the issue of US relocations. My question was submitted as follows:

I am a Canadian citizen with a Canadian criminal record, currently holding my 2nd waiver of inadmissibility (I-194) which clearly states that I am approved to travel both personal (B2) and business (B1). Recently, the company I work for has approached me to temporarily relocate for a position in the USA. My question is: with my current waiver, am I eligible to apply and be potentially be approved for an L-1A (Intracompany Transferee Executive or Manager), or would I first have to re-apply for a I-194 waiver stating intention of this new visa?

It took approximately 5 business days for the CBP Info Center to get back to me with the following response:

Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.
Unfortunately the answer is yes. You would require a separate waiver if you are entering the U.S. in the capacity of L-1A.
Thank you again for contacting the CBP INFO Center.
Sincerely,
CBP INFO Center

The takeaway for me was two fold: First, the I-194 waiver does permit an individual to physically live and work in the US. Second, the directive of your waiver clearly states the activities you are entitled to (meaning, if you are intending to get an employer sponsored H1B, TN1 or L1 visa, you should clearly state this in your intentions when applying for your waiver or risk having to reapply at a later point).

US entry waiver questions recently updated

noreply@blogger.com (Unknown) — Thu, 11 Dec 2014 10:51:00 +0000

The US Customs & Border Protection Info Center's Find an Answer website has become an indispensable resource in my toolkit for finding answers to questions around visa entry waivers, inadmissibility and general immigration related subjects. For example, type the word 'waiver' into the Google-like input box and you'll find approximately 61 related documents, many that have been updated recently. Here are just a few examples of questions directly related the I-194:

How can a Canadian citizen apply for a waiver to enter the United States if they have been or are likely to be denied admission either because of their criminal history or because they overstayed a previous visit?

There are many reasons a person may be ineligible to enter the U.S. The legal descriptions are lengthy and complex, so to help you understand them, we are providing a general description of the most...
[updated on December 1, 2014]

How do I obtain a replacement copy of my waiver of inadmissibility?

If an individual has acquired an approved Form I-192 or Form I-212 and is in need of a replacement copy of his or her original decision. This process is to be used when the...
[updated on October 27, 2014]

How long is a Waiver of Inadmissibility good for, how do I renew it, and can I use it for both business and pleasure?

For Canadians: As a general rule, the first time U.S. Customs and Border Protection (CBP) grants a Waiver of Inadmissibility, the waiver is good for one year, although - depending on the...
[updated on July 16th, 2014]

Update to I-192 waiver application process

noreply@blogger.com (Unknown) — Wed, 10 Dec 2014 10:43:00 +0000

Here are the most recent steps to apply for the I-194 waiver (advance permission to enter the United States) after being denied entry to the US because of a criminal record.

Find your local fingerprint office (call to see if you need an appointment). Bring your passport, photo identification that shows your address (driver's licence for example) and approximately $25 CDN (call to confirm, most places seem to accept debit / credit cards). RCMP is now processing electronically captured fingerprints only.
Wait about 1 week (current processing time on the RCMP website is 3 business days). When you receive your completed C-216C from the RCMP ensure it includes the fingerprint chart with a date stamp and the documentation related to your conviction and disposition.
Complete a personal statement regarding your intended activities in the US. Don't forget to specify if your travel intentions are for business (B1 visa), or pleasure (B2), and/or both!
If you are inadmissible because of a criminal conviction you must also complete a statement explaining the circumstances of each arrest, conviction and the sentence or fine imposed. Additionally you should submit any evidence or explanation of your reform or rehabilitation such as counselling, current employment, marital status, community service, etc. Don't forget to sign and date your statements!
Again, if you have a criminal file in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available (anecdotal speculation: someone suggested you don't need this if your convictions are over 20 years ago. Mileage varies).
Complete the I-192 application form (you can get it here).
Fill out form G-325A (get it here). Make 4 copies of this document.
Get 2 passport photos taken. (**Note: some border and pre-clearance facilities are not requiring this step - you should bring the photos just in case).
Call the US Border Protection office to see if you need an appointment (here are some phone numbers for various locations). Note: Ottawa and Toronto are now processing on Saturdays only.
Show up at the border protection office for your interview (bring $585 USD. Some centres now accept Visa, MasterCard and American Express).

Additionally, here is a list of documentation that you should bring for your interview:

I-192 waiver application (advanced permission to enter the United States)
Form G-325A, Biographic information (4 copies)
RCMP form C-216C
Court records (see above)
Statement regarding your intended activities in the US
Personal statement regarding your convictions (signed and dated)
2 passport photos (just in case)
Evidence of your Citizenship (passport)
$585 USD

Wait many months or more for your reply. I've been told that waiver processing times are now on average 3 to 4 months. You can check status of your waiver application after 6 months. Best of luck!

US waiver application forms

noreply@blogger.com (Unknown) — Tue, 09 Dec 2014 10:36:00 +0000

Here is a quick reference list of the waiver application forms you'll need to apply for after being denied entry to the US (also posted permanently on the bottom of this blog). There are also links for determining your inadmissibility and renewal steps.

I-192 waiver application form
G-325A, Biographic information form
RCMP C-216C info site

determine your inadmissibility (internal link)
I-194 waiver renewal steps (internal link)

Last but not least, here are the steps needed to apply for a US waiver (internal link).

2 ways to check status of your waiver application

noreply@blogger.com (Unknown) — Mon, 08 Dec 2014 09:30:00 +0000

If you've been patient enough to wait the 120 days since submitting your I-192 waiver application (application for advanced permission to enter the United States) there are a couple of options to get status. Keep in mind – the Admissibility Review Office (ARO) states that a full review each submission can take up to a year – and requests for status updates may add to that timeline. Unfortunately, ARO doesn't respond to phone inquiries... or maybe they don't have a phone? Either way, they've limited us to the following 2 options to correspond:

Email: inquiry.waiver.aro@dhs.gov

And there is always the good ol' fashion way...

Postal:

US Customs and Border Protection

Admissibility Review Office

7th Floor Mail Stop 1340

12825 Worldgate Dr

Herndon, VA 20598-1340

Remember - you must allow at least 4 months from the date of submission before making an inquiry or they'll move your visa application to the bottom of the pile...

(this is an update to an older post)

Update: ARO is now requiring applicants to wait 5 months (150 days) before requesting the status of a waiver application. See this post: ARO: Now wait 150 days to check waiver application status

In search of the September Letter

noreply@blogger.com (Unknown) — Fri, 05 Dec 2014 10:55:00 +0000

What if I told you there exists a one time letter you could get from DHS that would permanently clear you for US entry? With this letter, you would never again need an I-194 waiver of inadmissibility (US entry waiver). I'm sure your response would be along the lines of: "where do I sign up?"

September Letter – the permanent waiver

A September Letter is a document from DHS that states that you do not need an I-194 waiver. The letter is a one time thing. Once you have this letter, you present it to the border officer and your USA entry should be permanently cleared for this particular issue. The packet is prepared with specific documentation to show why you likely do not need a US entry waiver. It's likely processed through ARO (Admissibility Review Office) and if they agree, you'll get issued the letter for permanent US travel.

There is hope?

The US code states that you can qualify for an exception for a moral turpitude conviction if (1) you only have one CIMT conviction and (2) the max sentence is less than a year and (3) you were not sentenced to more than 6 months.

So let's assume this letter is similar to the petty offence exception. As described above, I would not qualify on the 1st point since I have 2 CIMT convictions: 2 theft under $1K – each a summary conviction which has a maximum penalty of 6 months (in my case both fines and on one a suspended sentence).

There is another section that I referenced in a recent post about how ARO assesses ineligibility that states (and this may cause hope for me), that if you have more than one conviction, CIMT or otherwise for which the aggregate sentence was more than 5 yrs, you are inadmissible. The combined of my summary convictions: 1 year!

Only focusing on how ARO assesses ineligibility, I could be admissible without a waiver, since the aggregate of my sentences are low. The fact that point 1 makes me inadmissible for a CIMT, and then doesn't make an exception for multiple convictions, doesn't bode well. Still, there is hope, right?

Sounds excellent, where do I sign up?

This is where things get difficult. I've found absolutely zero documentation about the September Letter on any US government website. It gets worse. On a recent trip to the US through Toronto I asked the pre-clearance border officer if he could provide me information about the September Letter. He looked confused and said he'd never heard of it. He checked with a peer in the next station. Nope, neither of them had heard anything about a September Letter.

Finally, if you Google the words – September Letter – you'll find a list, mostly garbage and unrelated, but specked with a few waiver service provider companies offering to assist you in getting the fabled September Letter. So is the September Letter fact or fiction? I'd certainly like to know.

Buyer beware: US entry waiver service providers

noreply@blogger.com (Unknown) — Thu, 04 Dec 2014 10:30:00 +0000

The first time you're refused entry at a US border crossing you are inevitably in transit for some crucial business meeting. Or perhaps it is for a personal event like a family vacation or other personal related matter. Either way, it's frustrating often sometimes embarrassing that you didn't get to your US destination.

US I-194 waiver – it's like the 'get out of jail free' card from monopoly – the golden ticket!

You call the US consulate in Toronto, Vancouver, or maybe the US embassy in Ottawa. They tell you that you'll need something called a 'US entry waiver'. An 'I-194 waiver' to be precise. In a panic you Google 'US waiver' and ultimately stumble on 1 of a growing number of US entry waiver service providers who charge a fee, so the US GOV'T can 'process your waiver faster'. You reach out to them and become hopeful when they council you about your eligibility for an I-194 waiver of inadmissibility. You are relieved when you hear them say they can process it quickly within 90 days, or even quicker with an extra fee so DHS can processes it faster.

It's a legal issue so you feel content knowing you have the best lawyers acting on your behalf. In your mind it's like a will and testament, or a mortgage. It's something you shouldn't try to tackle yourself. The representative for the waiver service provider tells you they'll send a package in the mail and within a few days you receive the package.

Inside, are a bunch of legal documents and a task list with steps. One of the first steps asks you to complete something called a C-216C form with the RCMP, with locations for fingerprint offices. There is an extra fee of approximately $25 CDN (you may or may not have been aware of this extra fee). Fortunately you are close to an electronic finger print facility and within a week or two you receive the completed C-216C in the mail. On to the next step...

The task list next asks you to complete a personal statement in your own words. If you are inadmissible because of a criminal conviction the statement you write includes circumstances of each arrest, conviction and the sentence or fine imposed and a description explaining how you have been reformed or rehabilitated, such as counselling, current employment, marriage or community service. It may have been a long time since your conviction and the circumstances may be cloudy but you drill through and complete step two in the task list. On to step three...

You might be asked to get court records, or perhaps they'll do it for you. Either way, there is an additional fee which you may or may not have known about. Retrieving court records can take time, sometimes depending on how many convictions it could take months. You are lucky because it takes only a few weeks to get yours. At this point you review the task list to see that the first three steps have taken between 3 and 4 weeks.

Step four and five have you completing the G-325A and I-192 waiver forms (both need to be completed solely by the individual applying for the waiver). Filling out these forms is tedious and often confusing and you are starting to wonder why you paid these lawyers all this money when you had to do all the work by yourself. Catching on?

The final step is to make an appointment at a border or pre-clearance facility. You discover that you will need to attend alone (without the lawyer) and you are asked to bring $585 CDN for the waiver application processing (you knew about this fee as the waiver service provider guy described it in the task list).

So the day has come, you show up to meet the border guards and process your waiver. You find that you aren't alone. There are 2 or 3 others also having the same waiver applications processed. While waiting you get to chat with them. You discover that you all have similar circumstances, with one exception: they did not pay a US entry waiver service provider hundreds of extra dollars to expedite their waiver but you did. You might still feel content, thinking that your waiver should be processed quicker (in fact, it won't be).

What they paid? Less than you... The look on your face? Priceless.