My US Waiver Experience

Are You Sure You Are Inadmissible?

noreply@blogger.com (Ryan Smarty) — Tue, 01 Sep 2009 04:07:00 +0000

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be eligible for the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all of the following 3 statements:

he/she has committed only one CIMT;
he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)"; and
the offense of conviction carries a maximum possible sentence of one year or less.

In other words the individual can only have one Crime Involving Moral Turpitude (CIMT), this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days.

If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime!

(this is a para-recap of a prior posting entitled "Can you claim the Petty Offense Exception?")

Poll result: Do you have an I-194 waiver?

noreply@blogger.com (Ryan Smarty) — Mon, 31 Aug 2009 19:41:00 +0000

If you are hoping to be one of the lucky ones to scoop a 5 year I-194 waiver, you'd probably want to be holding onto your lucky rabbit foot (or insert other lucky charm here) a little tighter. Based on the recent informal poll, that the majority of respondents carry 1 year I-194 waivers. Here are the poll results:

get Widget!

Do you Twitter?

noreply@blogger.com (Ryan Smarty) — Thu, 11 Jun 2009 15:55:00 +0000

The popular social network site Twitter is a great resource to follow for those caught up in the inadmissibility waiver net or anyone interested in immigration law, policy, border protection, etc. The US Embassy in Ottawa is also part of this community as are many other notables. Here's a list of some of them:

@i194waiver Ryan Smarty (administrator for this blog). Follow me for updates on this blog and other related news.
@usembassyottawa Embassy of the United States of America, Ottawa Canada - US Mission to Canada Website Updates.
@LaurelScott Immigration lawyer (Houston, TX). I blogged about Laurel recently and her Live Attorney Chat Wednesdays.
@Immi_Issues Jennifer McFadyen -editor for About.com's Guide to Immigration Issues.
@LegalDocs Legal information covering all aspects of Immigration Law, provided by leading attorneys and law firms (and streamed via JD Supra).
@ImmigrationGuys (Florida). Latest Immigration News from real-life (in the trenches) Immigration Lawyers, Tom Goldman and Peter Loughlin. Immigration Matters.

Please comment if you have a notable follow that should be added to this list.

Jacobson likely next US Ambassador to Canada

noreply@blogger.com (Ryan Smarty) — Fri, 05 Jun 2009 14:30:00 +0000

President Barack Obama intends to nominate lawyer David Jacobson, a key fundraiser during his presidential campaign, as the new ambassador to Canada, the White House announced Thursday.

The White House said Jacobson, 57, who served as deputy national finance chairman for the Obama campaign, is currently serving as special assistant to the president, helping fill vacant administration jobs.

Read the complete CBC article: Obama fundraiser to be named U.S. ambassador to Canada

This is good news for Canada: A close friend of Obama getting this position in Ottawa demonstrates the importance of the relationship with Canada for the Obama White House.

What does this mean for Canadians' who require the waiver of inadmissibility? A faint hope that the new ambassador can help to over haul some of the current waiver bureaucracy (for example, a return to a lifetime I-194 instead of people having to renew every 1, 2 or 5 years).

I'm now on Twitter: i194waiver.

DHS: We want your biometric when you go

noreply@blogger.com (Ryan Smarty) — Thu, 04 Jun 2009 04:30:00 +0000

Interesting news which may potentially effect I-194 waiver recipients down the line:

As part of a new initiative, non-U.S. citizens leaving the United States from Detroit and Atlanta airports should expect to have their biometrics collected before boarding their flights. U.S. Customs and Border Protection (CBP) officers will collect biometrics at the boarding gate from non-U.S. citizens departing from Detroit; U.S. Transportation Security Administration (TSA) officers will collect biometrics at security checkpoints from non-U.S. citizens departing from Atlanta. These pilot projects are expected to continue through early July.

Non-U.S. citizens departing the United States from all other ports of entry will continue to follow current exit procedures, which require travelers to return their paper Form I-94 (Arrival-Departure Record) or Form I-94W (for Visa Waiver Program travelers) to an airline or ship representative.

Read the complete article: DHS Begins Test of Biometric Exit Procedures at Two U.S. Airports

New passport rules won't be strictly enforced

noreply@blogger.com (Ryan Smarty) — Mon, 01 Jun 2009 14:39:00 +0000

Per the previous post, U.S. customs officials said they won't strictly enforce new identification requirements at land and sea borders with Canada on June 1 because of business leaders' concerns about the impact on trade and travel.

The U.S. "will have a flexible enforcement policy on June 1," said Jayson Ahern, acting customs commissioner. Eventually, "we'll get to a point where" full compliance will be required, he said.

Read the complete article: New border rules won't be strictly enforced, U.S. official says

Obviously, recipients of the I-194 waiver program should be possession of all necessary documents before making a trip state-side.

Today: New passport rules at US-Canada crossings

noreply@blogger.com (Ryan Smarty) — Mon, 01 Jun 2009 14:16:00 +0000

As of today, people travelling to the United States by land or water will need a passport or other approved documents such as the NEXUS card used by frequent travellers, the Free and Secure Trade (FAST) card used by truckers, or one of the enhanced driver's licences offered in such provinces as British Columbia, Manitoba and Quebec.

The rules are part of the U.S.-imposed Western Hemisphere Travel Initiative intended to enhance border security.

Read the article: Tougher passport rules

10 Things to Remember When Crossing the Border

noreply@blogger.com (Ryan Smarty) — Mon, 05 Jan 2009 08:25:00 +0000

A customs and border protection officer who I see routinely on my trips into the US (he reads my blog) handed me a little flyer which he told me he gives to some individuals to read during the questioning process. The list is quite practical and I think it is a good idea as it helps level the understanding playing field a little and eases the tention people typically feel when they're being questioned about their intended travel.

Tell the truth. If you try to use false or misleading information to get into the U.S., you will be turned back. You may be kept out of the U.S. for a long time. You may even be charged with a crime.
Understand the officer's role. U.S. customs and border protection officer have to judge several things: Do you pose a safety threat? Are you someone that U.S. law lets in? Are you someone that U.S. law keeps out? To do this, the officers ask questions and look at documents. They usually ask your citizenship, destination, intended activity and length of stay in the U.S. They can ask you anything. They can ask one question or fifty, at their choice. They may consult databases. They can send you to a colleague or supervisor for further questioning.
Carry the right documents. Bring valid current proof of your identity, citizenship and entitlement to enter the U.S. If you need a visa or work permit, get the right one for your planned activities. Be ready to document what you will be doing in the U.S.
Genuine documents only. Never use false or fraudulent documents. If you do, you will be turned back. You may be kept out for a long time. You may be charged with a crime.
Get professional advice before you arrive. Plan ahead! Consult with a knowledgeable U.S. immigration lawyer. Find out how to get the right permit for what you want to do. If the officer keeps you out because you don't have the right permit, you risk loss of your U.S. business or employment opportunity. You will suffer personal inconvenience and unnecessary expense. It's easier (and less costly) to do things right the first time, than to try to fix a bad application after you've been turned back.
Deal with your past before the officer does. If you have a criminal conviction in your past, check with a U.S. immigration lawyer before you come. Your conviction might make you inadmissible. Or, you might be eligible for apply for a discretionary waiver to remove the conviction as a reason to keep you out. The CIS takes many months to issue these waivers. Take care of it ahead of time.
Leave suspicious items at home. Bring what's consistent with the purpose of your entry. Leave at home what is not. For example, if you're coming to visit, or to attend a meeting, leave your professional mechanic's tools at home. Otherwise the officer will think you're coming to work.
Don't bring a stranger across the border. If your passenger is trying to enter the U.S. illegally, you could be charged and caught up in legal proceedings, with a risk of prosecution, forfeiture of your vehicle, and other sanctions.
Be courteous. Put the officer and yourself at ease. Let the officer do his/her job without needless distractions from you - don't wisecrack or tell jokes.
Never call the officer "honey" or "sweetheart." Can you imagine?

Feel free to comment about any that you feel might have been left out...

Every Wednesday: Live Attorney Chat!

noreply@blogger.com (Ryan Smarty) — Fri, 02 Jan 2009 18:48:00 +0000

US attorney Laurel Scott (of Scott and Associates) has been providing a live chat on her site for the past view months. She specializes in the I-601 hardship waiver but seems to answer all immigration/waiver related questions including those around the Canadian application (I-192) for the waiver I-194.

The chat session is held every Wednesday at 11am (central time) at the following website: Scott and Associates chat room. The chat sessions are anonymous. Archives of her previous chat sessions can be found here: Laurel Scott chat logs.

For legal advice and representation on obtaining an I-194 waiver of inadmissibility Laurel recommends attorney Daniel E. Green. His website and contact information are here: Hudson Valley Immigration Law.

U.S. biometric expansion?

noreply@blogger.com (Ryan Smarty) — Fri, 02 Jan 2009 04:00:00 +0000

First: Happy New Year! Second: I stumbled upon this news clip...

The U.S. Department of Homeland Security (DHS) announced in mid-December that it is expanding the categories of non-U.S. citizens required to provide digital fingerprints and a photograph upon entry to the United States.

Additional non-U.S. citizens required to provide biometrics include:

Lawful permanent residents of the United States (LPRs);

Persons entering the United States who seek admission on immigrant visas; and

Canadian citizens who are currently required to obtain a Form I-94, Arrival/Departure Document upon entry or require a waiver of inadmissibility to enter the United States.

Linking a person’s biometric information to his or her travel documents reduces the risk that a traveler’s identity or documents could be intentionally misused by someone attempting to gain entry into the United States, DHS said in a statement.

Biometric collection requirements apply to most non-U.S. citizens, with limited exemptions, entering the United States regardless of country of origin or whether they are traveling on a visa or by air, sea or land. Non-U.S. citizens under the age of 14 and over the age of 79 are exempt. The enforcement deadline was not revealed.

I'm traveling to the US in 2 weeks for business. In the last 4 times I've travelled the officer has handled my paperwork at first screening rather than secondary (incidentally, all trips were through Pearson).

I'm wondering if all this is about to change. If anyone has any recent experience, please feel free to comment/share.

Mandatory Secondary Screening?

noreply@blogger.com (Ryan Smarty) — Tue, 12 Aug 2008 14:23:00 +0000

As one of the fortunate who possess a valid US waiver (I-194) I have become complacent in travel to the US. I always ensure that I arrive at the airport for pre-screening with more than ample time prior to my departure. If I am connecting through a Canadian city which has US pre-screening I ensure that I have at least 2 hours between connections to allot for what has become a standard (at least in my travels) - the secondary screening.

Having received my 5 year waiver almost 2 years ago this November in my initial travels it was always a gamble whether or not the screening officer would refer me to secondary but in the last year or so it seems that this practice has become mandatory. Here is how it is always played out:

arrive at first screening with documents in hand (ticket, customs declaration, passport, waiver document)
screening officer reviews documents, reads both pages of the waiver document and swipes passport
officer places all documents into a yellow folder and directs me to proceed to secondary

Fortunately I primarily pre-screen out of a Ottawa which is usually pretty quick. When I pre-screen in Montreal or Toronto it can become quite frustrating.

Here is the thing - recently I was traveling with my wife back through the US from a vacation in the carribean. We connected in Atlanta and I was refered by the first screening officer to secondary. After sitting in secondary with my wife for about 30 minutes a supervisor called me up to the counter. He gave me my documentation and escorted my wife and I out. On the way he told me this:

"You have a waiver and therefore you should not be using secondary. You are clogging the system! Next time you are refered to secondary from the first screening officer, ask them to speak to a supervisor. Tell the supervisor that you possess a valid waiver and that you've been told that you should not be refered."

At the time, I felt that this was excellent advice. I completely agreed and thanked the supervisor for this information and my wife and I proceeded to catch our flight. A few weeks later I was traveling the US once more. At first screening the officer was familar to me (as most are out of Ottawa). Rather than ask for her supervisor I proceeded to tell her what I was told in Atlanta. Her response was that every border office does things differently and the guy in Atlanta shouldn't have told me that. From there I was then refered to secondary.

So here's the questions: has secondary become a standard for you? Have you ever asked to speak to the supervisor and if so has it been beneficial?

Ciminal record: Are you barred from entering the US?

noreply@blogger.com (Ryan Smarty) — Tue, 22 Jan 2008 19:28:00 +0000

There is often confusion regarding whether or not an individual would be deemed inadmissible to the US. The confusion tends to be over the type of crime committed and the sentences of such crime. Under US immigration law, an aggravated felony includes any crime described on the following list:

murder, rape, or sexual abuse of a minor
illicit trafficking in a controlled substance, including a drug trafficking crime
illicit trafficking in firearms, destructive devices, or explosive materials
money laundering (see 18 U.S.C. § 1956)
certain explosives and firearms crimes (see 18 U.S.C. § 842, 18 U.S.C. § 924, and 26 U.S.C. § 5861)
"crimes of violence," as defined in 18 U.S.C. § 16, for which the sentence imposed was one year or greater
theft or burglary offenses, for which the sentence imposed was one year or greater
making ransom demands (see 18 U.S.C. § 875 et seq.)
certain child pornography crimes (see 18 U.S.C. § 2251)
racketeering crimes, for which the sentence imposed was one year or greater
prostitution crimes, supervising prostitutes, or transporting persons across state lines for purposes of forcing them into prostitution
disclosing national security information
fraud on another person or against the government, where the amount of loss exceeds $10,000
alien smuggling
illegally entering or reentering the United States
passport fraud, for which the sentence imposed was one year or greater
failing to report to serve a prison sentence
bribery, counterfeiting, forgery, or trafficking in vehicles with altered identification numbers
perjury, tampering with witnesses, or obstruction of justice, for which the sentence imposed was one year or greater
failing to appear in court in relation to a criminal prosecution where the potential sentence is two years or more
any attempt or conspiracy to commit any of these offenses

An alien convicted of an aggravated felony may not:

receive asylum in the United States
become a citizen
subsequently enter the United States
have removal orders cancelled without specific authorization of the Attorney General

You can refer to the wikipedia listing for more information. You should also consult these previous posts: Can you claim the Petty Offense Exception? and Waivers of inadmissibility.

Update: University Teacher Gets 90 Day Reprieve

noreply@blogger.com (Ryan Smarty) — Wed, 09 Jan 2008 04:50:00 +0000

Here's the update to an earlier posting about a Canadian teacher in Indiana who when renewing his permit as a temporary worker was found to have an age-old conviction from 1964. A Canadian, Stephen R. Gill, was teaching English at Indiana University South Bend.

Gill learned late last week that U.S. Customs & Border Protection gave him a 90-day extension on a humanitarian parole. That extension expires April 1.

“I’m happy about it,” Gill said Tuesday from his South Bend home.

Late last year, Gill had been ordered to leave the country and return to Canada by Monday.

You can read the complete article here: "South Bend man gets reprieve on deportation to Canada".

The article incorrectly states that Gill has applied for the I-192. The I-192 is only the application form (Application for Advance Permission to Enter as a Non-Immigrant) which you submit in order to be considered for an I-194 waiver. I'll be surprised if U.S. Customs & Border Protection extends this past the 90 days and I'll fall off my chair if he has any sort of a response to his I-192 application before then.

(Thanks very much to the individual who alerted me to the article by commenting)

Do you have an I-194 waiver?

noreply@blogger.com (Ryan Smarty) — Mon, 07 Jan 2008 04:39:00 +0000

get Widget!Thanks to those who participated in my recent poll "Do you have an I-194 waiver?". It turns out that of those who participated over half have applied or intend to for the I-194 waiver (Advance Permission to Enter as a Non-Immigrant).

It is also interesting to note that the amount that have 1 year or 5 year waivers are very close (3 to 4). I had read somewhere that the waivers were granted as 1 year or 5 based on the degree or seriousness of the past offenses. If this is true, then wouldn't a person expect that if he/she were granted a 5 year waiver, he/she should always expect the 5 year waiver?

I'd be happy to hear your comments and personal experiences on this.

I-94 Admissions Poised to Break Records?

noreply@blogger.com (Ryan Smarty) — Wed, 19 Dec 2007 19:49:00 +0000

get Widget!2006 saw a resurgence in the number of I-94 admissions to the US at almost 34 million - a level not seen since 2000. There was an obvious dip after 2000 associated to the economy and 9/11. Some say that 2007 is poised to break the records with an increase of I-94 admissions by CBP because of tighter scrutiny and a more streamlined process.

Certainly the scrutiny is much tighter than ever before but I would question that the process has been streamlined very much (if at all). Welcome to the bureaucracy of secondary screening: you'll sit idle in a room for on average 60 minutes with other I-194 waiver holders; immigration seekers; refugee claimants; and the odd other visa applicant. Sometimes you'll sit until radically close to your departure time. Other times you'll actually miss your flight. For what? For a CBP officer to take a 30 second secondary look at your waiver. A stamp. Sometimes a smile and you're free to go.

I recognize that travel to the US is not a right but a privilege, and I can understand that I-194 waiver holders make up a small (tiny) minority of the claimants who pass through secondary screening. All that I'm asking is why, if my waiver was already granted, approved by DHS, and reviewed by the CBP officer, do I need to be re-processed in secondary screening?

A US Vacation with the Family

noreply@blogger.com (Ryan Smarty) — Wed, 12 Dec 2007 15:48:00 +0000

As most of you long time readers already know - since receiving my waiver just over a year ago I only travel to the US alone and only on business.

Well, not anymore. We've just arrived home from our first family vacation to the US since receiving my I-194. The process was surprisingly pretty painless but also probably completely up to the discretion of the inspecting border officer. At the airport pre-clearance I immediately produced my waiver and told the officer that we were headed on a family vacation (my first one with waiver). I currently have an I-94 which is good for multiple entry until February 4th 2008. He did his usual checks: Scanned all of our passports; clarified something with a colleague (not sure if it was about us or about what he was having for lunch); and then quickly let us pass.

This time around - no secondary screening! He probably did that to save the trouble of keeping my 2 overly excited children in line. We arrived at the airport 3 hours prior to departure to ensure we didn't face any interruptions. Although there was a lot of wait time at the gate, we were still happy to not be rushed. And yes, we had a terrific vacation in warm and sunny Florida :)

For Americans with Criminal Records Travelling to Canada

noreply@blogger.com (Ryan Smarty) — Tue, 11 Dec 2007 20:23:00 +0000

If you are a Canadian with a criminal record and you hope to travel into the US (but not immigrate) you will need to apply for an I-194 waiver. I've provided a lot of information on this blog as a resource to hopefully aid in your process.

So what about those Americans who wish to travel to Canada who have criminal, DUI related or other convictions? Well, in order to visit Canada, one must apply for a "Minister's Approval of Rehabilitation" which can be obtained through many Canadian Consulates (here is one in Buffalo: http://geo.international.gc.ca/can-am/buffalo/visas/inadmissible-en.asp). The Minister's Approval will permanently remove the inadmissibility caused by conviction.

There is an interesting article I found here on The Plain Dealer (A Cleveland daily) which discusses the increased intolerance at both sides of the border. You can read the article here: What to expect going to Canada if you're an American with a record

Criminal Conviction from 1964 Bars University Teacher from US

noreply@blogger.com (Ryan Smarty) — Fri, 30 Nov 2007 13:57:00 +0000

The zero tolerance policy of the CBP has caught another in its net. This time a university teacher from the Indiana University South Bend.

The clock is ticking for Stephen R. Gill.

"Come Jan. 8, if there's no resolution, I'll be going back to Canada. I have no choice," said Gill, 61, who until June worked as an IUSB adjunct lecturer in English.

...Gill went to the U.S. Customs & Border Protection station near Detroit each year for the renewal. He had no problem until June 11 of this year. For the first time, a border agent asked him: "Have you ever been arrested?"

Gill said he panicked and said "no." With the arrest so long in his background and details hazy, he said he had begun to doubt his own memories of the incident.

The agent confronted Gill with evidence of his 1964 arrest. "At that point, I was speechless. It had turned up after 43 years," he said.

You can read the full article here: IUSB teacher deported?

As the reporter of this article correctly points out, Gill will have to leave the US in order to apply for the waiver, but they incorrectly go on to say that the waiver process could take 3 to 6 months (how about 9 to 12 months?). Hopefully this sort of attention within the US can help the movement to bring about support for making much needed and sensible changes to section 212(a).

Is Statutory Rape a Crime of Moral Turpitude?

noreply@blogger.com (Ryan Smarty) — Thu, 29 Nov 2007 15:46:00 +0000

As crazy as it might sound, the answer is... No. At least for deportation purposes. Exert from an article published by the LA based MetNews - Court Overturns a Deportation Based on Sex With Minor:

A person 21 years of age or older who engages in a sexual act with a minor under 16 years of age does not categorically commit a crime of moral turpitude, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

In an opinion by Judge Sidney R. Thomas, the court reversed an order by the Board of Immigration Appeals finding Alberto Rene Quintero-Salazar deportable because his conviction under California Penal Code Sec. 261.5(d) constituted a crime of moral turpitude.

Quintero-Salazar, a Mexican national, entered the United States in 1990, obtained conditional residence in 1992, and became a lawful permanent resident in 1994. His wife, three children and two stepchildren are all U.S. citizens.

In 1998, he pleaded nolo contendere to contributing to the delinquency of a minor, engaging in intercourse with a minor three years his junior, and engaging in intercourse with a minor under 16 years of age while he was 21 years of age or older. He was sentenced to 11 months imprisonment and ordered to attend counseling and other rehabilitation programs.

He was detained on April 2, 2002 by the Immigration and Naturalization Service in San Francisco while attempting to reenter the United States after visiting family in Mexico. Asserting that his conviction involved a crime of moral turpitude, the INS then began removal proceedings and charged him with being an inadmissible alien under Sec. 212 of the Immigration and Nationality Act.

Read the full article here: http://www.metnews.com/articles/2007/quin101007.htm

So... a 20 year old record for theft over $1k (for which restitution and rehabilitation can be demonstrated) can still get you denied from entering the United States BUT something as heinous as statutory rape, you are allowed to pass on your marry way...

Puppets, Marriage, Immigration and the US Election

noreply@blogger.com (Ryan Smarty) — Tue, 27 Nov 2007 15:50:00 +0000

From the YouTube description: "Current immigration law is breaking up American families. US Citizens whose immediate relatives have been unable to adjust their status are also victims of the immigration debate. Unidentified US couple poses their question in guise of puppets. Enjoy!"

Now watch the video: Married to an Immigrant.

A bit difficult taking these puppets seriously although they do raise an excellent point that I'd be happy to see the candidates address. In my opinion the current US immigration policies cast too wide of a net which is overly bureaucratic and wrongly affects legitimate applicants.

I-601 Waivers And Extreme Hardship

noreply@blogger.com (Ryan Smarty) — Mon, 26 Nov 2007 03:48:00 +0000

There is a thread over here ( I-601 and extreme... ) on the IWL discussion board which includes some excellent information regarding the filing of an extreme hardship waiver. Some additional information and the original post material can found over here (general guide for waivers...) on the Family Based Immigation forum.

Hardship waivers are usually applied for when the individual intends to immigrate to the US but has been deemed inadmissible (excluded) because of:

Health related problems (HIV, TB, etc)
Criminal and related violations
People likely to become a public charge on welfare
Security and related violations
Illegal entrants and immigration violators
Document violations
etc.

Although this blog is mostly focused on those who wish to travel to the US but have no intention of immigrating (where an I-192 application is needed - Application for Advance Permission to Enter as a Non-Immigrant) I do intend to post when possible anything related to I-601 waivers in general.

Japan Now Fingerprinting Visitors

noreply@blogger.com (Ryan Smarty) — Sat, 24 Nov 2007 09:35:00 +0000

I stumbled across this article (Japan starts fingerprinting, photographing visitors) which reports on Japan's recent move to prevent terrorists and illegals from entering the country. At one point in the article it is mentioned that Japan is the second country after the United States to implement such a system. It goes on to point out: "Fingerprints and photos will be checked for matches on terrorist watch lists and files on foreigners with criminal records in Japan. People matching the data will be denied entry and deported."

It didn't mention anywhere that the record check is synchronized with any foreign databases such as the Canadian Police Information Centre (CPIC) database although one can only wonder if it is headed in that direction. It is entirely possible that in a not to distant future all individuals who have criminal records will either be denied foreign travel or would require waivers or other bureaucratic materials.

DHS can lookup your FPS number

noreply@blogger.com (Ryan Smarty) — Fri, 23 Nov 2007 17:32:00 +0000

The Canadian Police Information Centre (CPIC) database is a central warehouse which, amongst other things, keeps records of your FPS (your finger print file). If you have ever been fingerprinted then chances are a record sits in this database and DHS has access. So if you have a criminal record and routinely cross to the US - and you haven't been caught yet - then you should to pay attention to this article I found on HighwayStar magazine.

It discusses steps you can take to apply for a pardon which will remove (or erase) these records. Ah, if only I knew this before! The article also outlines the most recent costs associated with waiver applications and I did notice one interesting sentence about something called a 'September Letter' which the article claims is some sort of a permanent waiver. Wow, something new to investigate.

Can you claim the Petty Offence Exception?

noreply@blogger.com (Ryan Smarty) — Thu, 22 Nov 2007 19:20:00 +0000

If you were denied entry to the US because of a criminal conviction (a crime involving moral turpitude, or CIMT) and you've committed only 1 offense then you might be able to argue that you are entitled to the petty offense exception under INA §212(a)(2)(A)(ii) if you satisfy all the following 3 statements:

he/she has committed only one CIMT;
he/she "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed"; and
the offense of conviction carries a maximum possible sentence of one year or less.

I quickly 'Googled' but haven't found any offenses in the current Canadian criminal code which carry maximum sentences of one year or less (see this chart that I found). My original convictions (I had 2) were for "Theft under $1,000" which I was told carried maximum sentences of 6 months each (called a summary conviction offense). But the law has been updated to "Theft under $5,000" (thanks to inflation) which carries a maximum of 2 years.

I'd be interested to know if any of you qualify for the petty offense exception and whether or not you achieved it.

Crossing the border - have all of your documents?

noreply@blogger.com (Ryan Smarty) — Wed, 21 Nov 2007 16:00:00 +0000

Although having a waiver does give you access to US travel it is of course still subject to the discretion of the border officer. On one occasion this was clearly stated to me by one officer (she appeared to be having a bad day) even though after close scrutinizing she did allow me to pass. This article from the Windsor Star points out that it might be a good idea to carry along a record of your conviction (read the complete article here). I've never been asked yet to show mine although I do keep all of these supporting documents with me every time I travel:

updated passport
I-194 waiver document
I-94 completed (or previously stamped for multiple entry)
completed customs declaration card
my travel itinerary showing proof of my return date
a copy of my criminal record