If a Canadian has a criminal record and wants the ability to travel to the United States, they will often need to apply for a US Entry Waiver. This involves convincing the American Government that you will never reoffend and are safe to let in. Requesting a US Waiver is an extensive legal procedure, and consequently the cost is not cheap.
When estimating the cost of a US Entry Waiver, there are three main things to consider: #1: Government processing fee #2: Cost of a US Waiver lawyer #3: Cost of mandatory supporting documentation
United States Customs and Border Protection (CBP) charges USD 1100 to process an Inadmissibility Waiver application. Depending on the exact exchange rate, this government processing fee will likely convert to $1400+ Canadian dollars. Obviously this is a substantial amount of money, so it is extremely important your Entry Waiver application is optimized for success. If you do not dot the i's and cross the t's and your application is denied, this government processing fee is not refundable.
Given the complexity of applying for a US Travel Waiver and the risk of losing the significant application fee if the paperwork is not perfect, many Canadians retain the services of a lawyer. An experienced US immigration lawyer can maximize your likelihood of success, and can expedite the process by submitting your Waiver application through the electronic eSAFE platform.
The cost of a US Waiver lawyer can vary from as little as CAD 1200 to as much as CAD 1800, depending on a variety of factors including the complexity of your particular situation. If a Canadian has an extensive criminal record, the cost of professional assistance will likely be higher than the price quoted to an individual with a one summary conviction and no other arrest history.
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One expense that is often overlooked when calculating the cost of a USA Waiver is the potential fees incurred to acquire the supporting documents required. Applying for a United States Waiver is not as simple as submitting a completed I-192 form. There is also a large list of documentation requested by US authorities, and a few of these items can cost a modest amount of money to obtain.
The most expensive supporting document is typically the RCMP background check. An American Waiver application requires a Canadian citizen or permanent resident to provide a fingerprint-based RCMP criminal record check, and most Canadians prefer to use a private fingerprinting service as opposed to ink-rolling their prints at a local police station. The cost of doing your fingerprints privately is approximately $50 to $100, but is much faster and more convenient than the alternative so often worth the extra money.
There can also be a small fee to obtain a copy of your court documents. A US Entry Waiver application should contain a copy of all available court documentation, but the documents do not need to be certified. Consequently, the cost to get a copy of your case records should be less than $20. If you have been charged or convicted of a crime in multiple jurisdictions, you may need to pay for case records from each courthouse.
In order to estimate the total cost of a United States Entry Waiver, you can add together the government processing fee, the cost of a lawyer, and the cost of doing your fingerprints. For example: if a lawyer quotes you CAD 1500, the total cost for a Travel Waiver would likely be about CAD 3000. This was calculated by adding the lawyer fee of $1500, the government fee of approximately $1450 (USD 1100 converted to Canadian dollars), and the fingerprinting fee of approximately $50.
It will likely be difficult to negotiate a lower price when applying for a Waiver USA. Both the US Waiver processing fee and the RCMP fingerprinting fee are fixed. If you contact an immigration lawyer that is experienced with US Waivers, he or she will likely quote you a flat-rate price based on an estimate of the work involved. The good news: a flat-rate price eliminates the stress of paying more than expected and you do not need to worry about hourly billing. The bad news: lawyers that are confident in their expertise will rarely budge on pricing. Industry experts typically attract clients by providing excellent value not discounting the price of their services.
Please note: there are various "consultants" and "pardon companies" advertising US Waiver services in a manner that can be confusingly similar to a lawyer. Despite their fancy websites, these companies are not actually licensed to practice law and therefore cannot expedite the process via CBP eSAFE portal. Always make sure you are dealing with a licensed US immigration lawyer that is capable of requesting a fast e-SAFE Waiver! There are many shady and unlicensed operators on the Internet so be careful!
This is a question that can only be answered by you. For some Canadians, a US Travel Waiver is a smart investment and well worth every penny. For others, it might be a total waste of time and money. When deciding whether or not to pursue a Waiver, a Canadian is essentially assessing if the "juice is worth the squeeze".
If a person plans to cross the border multiple times, or has a specific reason for wanting access to America such as work or business, the costs involved may be easier to justify compared to a person thinking of taking a vacation. For some Canadians, a US Waiver is a strategic investment. For others, it is an unnecessary expense. There is no "right" answer. If you are interested in being able to travel to the USA with a criminal record in Canada, we are here to help!
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