Canadians with a criminal history will often need to obtain special permission to enter USA in order to successfully cross the border. This special permission is referred to as an "Entry Waiver", but is officially known as an I-192 Waiver.
A US Entry Waiver typically lasts anywhere from one year to five years, depending on several factors such as the severity of the applicant’s criminal record and the recency of their conviction(s). A person's reason for wanting access to the United States can also impact the duration granted.
The stronger the application, the more likely it is to result in a Waiver being issued for the maximum duration of five years. Working with an experienced US immigration lawyer ensures your application is professionally prepared and strategically optimised to give the best possible likelihood of obtaining a long-term Waiver
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It can be particularly difficult for first-time applicants to obtain a 5-year Waiver, as authorities may want to start them out with a 1-year or 2-year permit and then extend incrementally with each subsequent application. After being granted an initial Waiver, it’s crucial to understand that renewals are not automatic. Each time your Waiver expires, you must submit a new application to continue entering the United States legally. Thankfully, most of the paperwork can be reused each time.
Generally, if you've demonstrated compliance with the terms of your previous Waiver, such as timely exits from the US and no additional criminal charges, you may receive progressively longer approval periods with each renewal until you reach the max of five years. There is no such thing as a permanent US Entry Waiver - once someone achieves the max, they need to keep renewing it every 60 months if they want continued access to the United States.
Unfortunately, it is impossible to know beforehand the exact Waiver length you will be given as it is at the total discretion of US immigration authorities. This being said, a lawyer who is experienced helping Canadians apply for American Entry Waivers can likely estimate what duration might be realistic based on your situation. For example: having a clean record for a long time can significantly impact the length of Waiver you are approved for. If a Canadian citizen has old convictions and has demonstrated responsible conduct over the years, he or she will typically receive a longer Waiver than someone with a recent criminal history. Likewise, Canadians with relatively minor offences often receive longer Waivers compared to those with serious offences in their past.
To maximize your chances of obtaining the longest possible duration, it's important to present thorough documentation, show rehabilitation, and clearly explain your reasons for wanting the ability to visit America. If you work with a qualified lawyer, this paperwork can be submitted electronically via the DHS eSAFE Waiver platform.
When granting an Entry Waiver, United States immigration authorities exclusively determine how long the permit will last. While it is possible to optimise an application to hopefully get approved for several years, it is impossible to ever be guaranteed a specific duration since it's always at the total discretion of issuing authorities. Consequently, a lawyer or reputable professional should never guarantee potential clients a 5-year Entry Waiver regardless of how much they believe that will be the likely outcome.
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