A waiver permits you to travel freely back and forth to the United States. for a period of time stipulated on the I-194 .
2. If I have a criminal record can I still travel to the United States ?
No! It is illegal for anyone with a criminal record to enter the United States , unless you are an American citizen, you have Native American status, or you have been granted a United States entry waiver.
However, there are a few criminal charges which, technically speaking do not prevent a person from entering the United States . One example of this is drinking and driving. The problem with these exceptions is that border guards have the authority to restrict you at any time if they see fit. Often criminal record checks reveal only that a charge was laid and says nothing about the nature of the offense committed. At the very least we advise people with these kinds of charges to carry their court records with them when crossing the border.
3. If I am caught trying to enter the United States illegally what happens?
The first time a person is caught trying to enter the US illegally they will usually be refused, sent home and told to obtain a United States entry waiver (I-192 application). Ignorance of the law in this regard is generally tolerated for first offences. However, subsequent attempts to enter the United States illegally will most likely result in confiscation of property (including vehicle) and possibly jail time. The only way to be sure you are not at risk is to have no criminal record associated with your name or to be in possession of a valid US entry waiver.
4. I have been to the US and I have not been caught. Why do I need a waiver?
You need a waiver to be in compliance with the law and to ensure you are not at risk. The best thing to do if you have a criminal record, but have not been stopped at the US border, is to apply for a Canadian pardon and stay out of the United States until it is granted. Once a Canadian pardon has been granted the United States cannot find out about your criminal record unless you tell them.
5. Is the US border really becoming stricter?
Yes! Since the tragedy of September 11 border regulations have been getting tighter. FBI databases are now linked to the RCMP and CPIC databases. Border guards can view criminal record details simply by typing your name into their computer terminal. In the future computer systems at the border may even be linked to databases at your local police station.
Unless your criminal record has been pardoned, or you legally obtain a US entry waiver, you are taking a serious risk anytime you try to cross the US border.
6. I have already been stopped at the border but I need to go anyway. What can I do?
Essentially there are two options. You can either try to enter illegally and risk confiscation of your property and vehicle, in addition to possible jail time, or you can process a United States entry waiver. FIPS does not suggest anyone attempt to cross the border illegally at any time or at any border. Simply put, the risks are too high.
7. If I have a waiver is there any risk I that will not be admitted to the US ?
No! US border guards are given a lot of authority and discretion in their job but a US entry waiver is granted by Immigration and Naturalization Services. It is a superior governing body so border guards have no right to refuse anyone entry to the country who is in possession of a valid waiver.
8. If I haven't been stopped at the border should I apply for a waiver just to be safe?
In this situation a waiver is an option for those clients who wish to be absolutely sure they are not at risk. However, you should be warned that once a waiver application is submitted the FBI will download the details into their files and they will never be removed, regardless of a Canadian pardon. You will then need a waiver for the rest of your life.
9. Once I have a waiver can I go to the United States whenever I want?
With a US entry waiver you may travel freely between borders so long as the waiver is valid. Entry Waivers last between 1to 5 years and must be renewed if you wish to continue traveling to the US .
10. I was told I need a Visa Waiver. What is the difference?
CANADIAN citizens normally need only a visa to enter the United Stats. However other nationalities would require a visa waiver rather than an entry waiver. They are similar documents; the only difference is the applicant's country of origin.
11. What are the documentation requirements for a waiver?
FIPS will prepare, request, obtain all the required documents and diligently submit your application without any errors to make sure no unnecessary delays occur.
12. How much does a waiver cost?
Please Call us for the latest prices.
13. How do I apply for a waiver?
Please go to our online application form or contact our office via phone or email.
