Denied Entry to the United States Denied Entry Waiver

Denied Entry to the United States

With heightened security all around the world, regardless of sharing borders, access to countries has never been more strict. The U.S. is no exception as increased border control affects many travellers on a daily basis. If you have been denied entry to the United States, you are already well aware of the frustration and shock you can experience travelling unprepared to the border. For those who are cautious or know better, travelling to the U.S. seems like an unattainable goal. However, depending on your unique situation, there may be still hope in the forms of a Waiver.

A U.S. Waiver (Denied Entry Waiver) is a document that overcomes inadmissibility to the United States and will allow you to enter regardless of your previous reason for being refused. As such, the Waiver is not something easily obtained but may be your only viable option to enter the United States with an inadmissibility issue.

Reasons to be Denied Entry to the U.S.

Many people think that having a criminal record is the only reason they would be denied entry to the U.S. This is not the case, there are many reasons why you might be denied aside from criminal reasons:

You may have a medical issue like a communicable disease;
You face a medical or physical disorder that may be considered dangerous to others;
Have a history of drug or substance abuse;
Have been convicted of specific crimes;
Have contravened U.S. immigration policy in the past
You have been previously deported or removed from the U.S.
You have committed immigration fraud.

These are the most common examples of reasons why you might be denied, however, it is still always at the discretion of a Border Officer making a decision. If they deem you to be a risk to the U.S., they have the right to refuse you entry.

Previous Criminality

If you have a criminal record, a Waiver will most likely be required depending on your unique situation. Criminal Inadmissibility is taken very seriously and is the subject of scrutiny. When considering your eligibility for a Waiver, the following factors are taken into account:

Risk of harm you may pose to US society if you are admitted to the US;
The seriousness of your immigration or criminal inadmissibility;
Your reason for entering the U.S.

The risk of harm to society depends upon your inadmissibility and also the length of time since you committed the act that made you inadmissible.

Crimes of Moral Turpitude

Crimes of moral turpitude are crimes that are considered to be contrary to social standards of morality and done so with evil or malicious intent. These crimes are taken especially serious in the U.S. and are grounds to be considered inadmissible regardless of severity, duration, sentencing etc.

Prostitution or “commercialized vice”
Individuals who are involved in serious criminality who have obtained immunity from prosecution
Controlled substance traffickers
A conviction of two or more offenses with a combined sentence of five (5) years or more

If any of the above situations apply to you, a waiver will certainly be required.

Not all Criminality Makes you Inadmissible

According to U.S. Immigration Policy, not all criminality makes you automatically inadmissible to the U.S. There are specific crimes that do not preclude you from entering the U.S. and therefore, should the below list apply to you, a Waiver may not be in order. Criminal reasons that do not affect your entry to the U.S. include:

Crimes committed when you were eighteen (18) years old or less, and it was committed at least five (5) years prior to your application;
Crimes that do not exceed one year of imprisonment;
Sentencing for a crime that does not exceed a term more than six (6) months

Before your Travel…

Recent international events have played a part in addition of numerous measures to increase border security services. The most important thing to know when you are travelling to the US is that if you have a Canadian criminal record, or if you are suspected of having a criminal record, the Department of Homeland Security (DHS) can legally prevent you from entering the country. The US Department of Homeland Security and the Federal Bureau of Investigation (FBI) have access to the RCMP’s databases.

Once the border agent enters your name into their database, your criminal file will show up with an FPS# number attached to your name. This FPS# prevents you from entering the US.

If you have a Canadian criminal record, you are at risk of being denied entry into the US. You can ensure you will not be denied entry to the US by getting a US entry waiver. Anyone granted a US entry waiver should be at no risk of being refused entry to the US. A US entry waiver overrides any discretion that border guards may have.

What You will Need

If you are considered inadmissible to the U.S., you will require special authorization to enter or risk being denied entry. The U.S. document that overcomes inadmissibility is called a U.S. Entry Waiver.

A US entry waiver is a document issued by the Department of Homeland Security (DHS) that grants entry to a to those with a conviction into the US. The waiver will remove all risks of being refused entry at the border. The DHS is considered a governing body to the border guards and as such, it overrides any discretion the guards might have when you try to cross the border.

A US entry waiver can be granted for a period of:

One (1);
Two (2); or
Five (5) years by the US Government and can be renewed.

The length of the waiver normally depends on the extent or seriousness of the crimes you have committed and the period of time that has passed since conviction. Once you have received your US entry waiver, you will be legally permitted to enter the US despite your criminal record, overcoming your inadmissibility.

How We Can Help

When it comes to inadmissibility, knowledge of Immigration Policy as well as the ability to interpret criminal code is essential. When submitting an application like this, you not only need to be able to translate foreign law into applicable US Law, you need to also make sound legal arguments as to why you should be allowed into the US. This involves writing an account of each offense in your own words and making arguments as to how you have since improved in moral character.

We will assist you:

Draft the necessary forms;
Draft appropriate supporting documentation like reference letters, personal statements;
Assist you in obtaining necessary documentation like police background checks and court documents;
Translate foreign law into US law and apply this to current Immigration Policy;
Compile the strongest possible case as per your unique situation;
Prepare you for submitting your application at a Port of Entry; and
Of course, be with you every step of the way.

For more information on US Waivers, feel free to browse our vast collection of information on the subject or contact us directly at 1-877-622-8182 or 416 477 2570. You can also email at Info@ToImmigrate.com.

U.S. Entry Waivers

The U.S. Entry Waiver is a document issued by the Department of Homeland Security (DHS). This document grants entry to foreign nationals with a conviction on their record. The DHS is usually considered a superior governing body, and therefore if you receive an approved wavier, your chances to enter U.S are greater.

U.S. Entry Waivers may be granted for up to 5 years, but the period depends on the unique situation of the person applying for the Waiver. U.S. Waivers are usually renewable, but you should apply for renewal before your current Waiver status expires.

If you are applying for a Waiver due to a criminal conviction on your record, the duration of your stay may depend on the seriousness of your crime. Canadian pardons may not be recognized by the U.S. government, and therefore in this situation, you will most likely require a Waiver as well.

Not all people applying for the U.S Waiver will be approved. The approval depends on the number of offences and the type of offences. Usually if you have numerous drug or sex-related offences, you may be denied entry.

You may need the following in order to apply for a U.S. Waiver:

Reference letters from family and community displaying your good character;
Letter from your employers
Copy your passport or drivers licenses
Other proof of good character;
Proof of completion of sentencing, if applicable.

It is very important that you present a strong case as you apply for a Waiver. The officer should be convinced that you are not a threat or you do not pose any risks should you be allowed to enter.

If you face an inadmissibility issue, you should seek legal assistance. Contact us and we would be happy to guide you through the process, and help you compile a strong case. You may contact us and our team of professionals will be happy to assist you.

How to enter U.S with criminal history?

Most people with a criminal record may not be able to enter U.S. There are various reasons a person may be denied entry into the U.S, and having a criminal record is one of those reasons.

However, there is a way that you still may be able to enter U.S. You may be able to apply for an Entry Waiver.

When evaluating your application for entering U.S. with a Waiver, an officer will may look at the following factors:

Depending on the type of conviction, if you pose any threat to the American society, if you were admitted into the U.S.
How serious was your crime or how serious is your admissibility
Lastly, why are entering the U.S.

A Waiver may become extremely important if you have been convicted of the following:

Prostitution
Serious criminality, but have obtained immunity
Drug trafficking
Convicted of two or more offences with a combined sentence of 5 years or more.

All countries treat different crimes differently, and it is important to understand and interpret the laws of both countries properly.

Throughout the application, you should focus on demonstrating your good character. We can help! Contact us and we can help compile a case with the highest chance for success. With Akrami & Associates, there is always a way!

Denied Entry to U.S. with the visa

A lot of times even if you get a visa, there still may be a possibility that your entry is denied to the U.S. The officer at the port of entry has full authority to deny your entry into the U.S. This could be due to many reasons. Here are some of the reasons:

You may have previously overstayed your visit
The officer may feel that you are not a genuine visitor
There may be a criminal record that you may have even forgotten about
If the officer suspects that you are threat to the American society
If you are a tourist visitor, and you failed to show your intention to leave
Or failed to show ties to your country

Most people think that once they have a visa, their entry is guaranteed into the U.S., but the officer at the port of entry has full discretion to deny your entry into the U.S. Once, you get to the port of entry, think of your interaction with the officer as an interview. It is extremely important that the officer is satisfied with the reasons of your visit.

If you are denied entry at the port of entry you may have to apply for a U.S. waiver. U.S. waiver is usually issued by Department of Homeland Security, and may take up to 12 months. There may be a list of documents that you may be required to submit.

We can help you with the process, and guide you in the right direction. It is extremely beneficial for you to hire a professional to help you with your case. You can contact us and our team of professionals will be happy to assist you.

Reasons Why You Could Be Refused Entry to the U.S.

If you are interested in immigrating or visiting the U.S. and face an inadmissibility issue, this will need to be addressed prior to your attempt. Facing an inadmissibility issue means that you are not eligible to visit or immigrate to the U.S. for a number of different reasons.

Admissibility, on the other hand, means that you (the applicant) are eligible to travel to the U.S. There are a few reasons why you might be inadmissible.

Most people think that the only reason to be inadmissible is related to having a previous criminal record, this is not the case. There are many other reasons individuals may not eligible. For instance:

If you have a medical issue like a communicable disease, you may be refused entry;
If you suffer medical or physical disorders that can be dangerous for other people, your entry may be denied.
If you have a history of drug or substance abuse, then you may be inadmissible
Certain convictions related to crimes which are considered serious offenses or convictions related to the injury of others may make you inadmissible.
If you have contravened U.S. immigration policy in past, you may not be eligible.
If you have been previously deported or removed from the U.S.
If you have committed immigration fraud at anytime, you are not eligible either.

The above mentioned reasons are just a few factors but the list continues. An Immigration Officer, upon reviewing your application, can ultimately refuse your application at their discretion if they determine there are grounds to do so. The Officer has discretionary ability to make decisions on the spot.

If you want to travel to the U.S. and need information about U.S. immigration, contact us directly and book a consultation. We will assess your situation and outline the best options as per your unique situation.

Grounds of Inadmissibility

There are many reasons that may result in denial of your entry into the U.S. Since 9/11, the United States has been extremely scrutinizing of travelers entering the USA. Their security measures have been taken to another level.

In most cases, you will be denied entry if you inadmissible to enter U.S. and there are many ways to be considered inadmissible. Grounds for inadmissibility may include:

If you have a communicable disease;
Have a physical or mental disorder that may be harmful to others;
You have history of abusing drugs;
You have been convicted of certain crimes;
You have previously over stayed your visit;
You have been deported or removed from the country;
You have been in violation of any immigration laws; or
You have committed immigration fraud.

In order to overcome this inadmissibility issues, you will first need to obtain a Waiver prior to your attempted entry in to the United States.

The officer will look at the following while approving your waiver:

Any risk you may pose to the USA;
The seriousness of your inadmissibility issue; and
Your reason for wishing to enter the US.

The process of obtaining a Waiver may be intimidating, as you have to present a strong case in order to convince the officer of your good character. We can help you through the process, you may contact us and our team of professional will be happy to assist you.