What are the U.S. Entry Waivers Types?
U.S. Entry Waivers allow individuals who are otherwise inadmissible to enter the U.S. temporarily.
I-192 Waiver (Application for Advance Permission to Enter as Nonimmigrant)
A U.S Entry Waiver (also known as a “Waiver” or ”I-192”) is a legal document issued by the U.S. Department of Homeland Security which awards advance permission to the applicant to enter the United States for a period of time.
Most Canadians with a criminal record require a Waiver before crossing the border. Once a traveler has a valid U.S. Waiver, they are legally allowed to enter the United States an unlimited number of times via air or land throughout the term of the Waiver, regardless of their criminal record.
Who Needs an I-192 Entry Waiver?
An I-192 entry waiver is typically required for individuals who are considered inadmissible to the United States due to various reasons such as:
- A criminal record
- Previous immigration violations (such as overstaying a visa or deportation)
- Certain communicable diseases
- Security concerns.
This waiver allows them to legally enter the U.S. for a specific period despite these issues.
Grounds for Inadmissibility
Inadmissibility, stemming from different factors can potentially be overturned.
Various grounds for inadmissibility as outlined in the Immigration and Nationality Act include:
- A health-related issue that could threaten others
- Conviction of a crime
- Drug trafficking
- Human trafficking
- Prostitution
- Violation of a religious freedom
- Money Laundering
- Espionage/sabotage
- Terrorism
- Membership in the Nazi party
- Committed torture, genocide, or killing of child soldiers
- Violated immigration law
- A health-related issue that could threaten others
- Conviction of a crime
- Drug trafficking
- Human trafficking
- Prostitution
- Violation of a religious freedom
- Money Laundering
- Espionage/sabotage
- Terrorism
- Membership in the Nazi party
- Committed torture, genocide, or killing of child soldiers
- Violated immigration law
I-212 Waiver (Application for Permission to Reapply for Admission into the United States After Deportation or Removal)
Eligibility for the I-212 waiver is contingent on multiple factors, including the nature of the initial removal, duration since the last departure, intent for re-entering the U.S., and the individual’s comprehensive immigration and criminal record.
Each application is carefully reviewed, requiring a detailed submission that highlights these aspects.
The granting of this waiver rests in the hands of U.S. immigration authorities and is treated on a case-by-case basis.
Who Needs an I-212 Waiver?
- Individuals Previously Removed: This includes anyone who has been deported, excluded, or removed from the U.S. through official proceedings.
- Voluntary Departure Violations: Those who agreed to leave the U.S. voluntarily instead of facing removal proceedings but failed to depart within the specified timeframe, resulting in a removal order.
- Removed Upon Arrival: Persons removed as “arriving aliens” at U.S. entry points or intercepted and removed at sea.
- Post-Criminal Conviction Removal: Individuals who faced removal from the U.S. following a criminal conviction.
- Re-Entry After Unlawful Presence: Those who were previously in the U.S. without proper authorization or overstayed their visa, departed, and now seek re-entry.
