Waiver to Enter US
If you were denied entry at the border and told that you need a waiver to enter US, there may be several reasons that such a result occurred.
The most likely reasons for being denied entry to the United States is having a criminal record or overstaying in the US.
Not all crimes will lead to a finding of inadmissibility and require a waiver to enter US. Crimes that will cause trouble at the border are “crimes of moral turpitude.” “Crimes of moral turpitude” are crimes where there is an intent element attached to the offense. For example, assault is typically a crime of moral turpitude as the aggressor is guilty when he/she consciously makes the decision to cause harm to the victim. Criminal negligence, however, would typically not be a crime of moral turpitude as the aggressor is deemed guilty of the offense by omitting to do anything that it is their duty to do.
Common questions regarding criminal inadmissibility include:
- If I sold marijuana legally in Canada, can I be denied entry to the US? Yes, border officers may come to the conclusion that you are an illicit drug trafficker due to your activities with a Schedule I drug and therefore you would need a waiver to enter US.
- Does a DUI require a waiver? Generally, a single DUI would not require a waiver.
- How long does a waiver application take in 2022? Current processing times are 2-3 months.
- If I am on parole, can I get a waiver to enter US? Most likely no.
- If my crime was pardoned, do I still need a waiver to enter US? Yes, you will need a waiver despite also having a pardon.
- What happens if my application is denied? You can re-file with additional evidence.
- What are my chances of getting approved for a waiver? This determination is made on a case-by-case basis.
- I am 25 years old and I was arrested when I was 17 for assault, do I need a waiver? Likely no. Because the crime was committed when you were under 18 years of age and the crime was committed more than 5 years before the date of application for admission to the United States, a waiver to enter US is not required.
- I was arrested for stealing a pack of bubble gum and the judge gave me the maximum punishment he could, a fine of $500. Do I need a waiver to enter US? Likely no. This is because the maximum penalty possible for the crime of which you were convicted did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months.
- How can Silver Immigration help? If you contact Silver Immigration, you will have an experienced US immigration attorney handle your file. The immigration attorney will manage all strategy decision, submissions, and communications. This will ensure all process and procedures are followed correctly and that your likelihood of success is maximized. Contact us today to have a free consultation with an immigration attorney who will outline what you can expect when applying for a waiver to enter US.
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