Can I travel to United States with an Offense on Record?
Do you have a Business or Leisure trip planned to the United States but have an inadmissibility issue? The immigration officer at the border can deny you entry for your inadmissibility, to overcome your inadmissibility you may eligible to apply for a US Waiver. There are many reasons you can be Denied Entry to the United States some of these include criminal inadmissibility, not having your passport on you, previous immigration violation, not having sufficient funds, admitting to illegal drug use, immigration fraud, arrest warrant, working without a work permit, having no intension to leave and many other reasons.
Reason you can be Denied Entry to United States
One of the most common reasons travellers are denied entry to the United States is for having criminal admissibility. If you had a conviction that dates back 40 years and more you can be denied entry for the offence on record. When arriving at the border the officer can either detain to you or give you a notice of refusal entry.
Not having Passport on You:
When travelling to the United States you need to carry a valid passport that is not expired and will not expire before your expected date of departure from the United States. Therefore you must have your passport with you when driving or flying to the US.
Previous Immigration Violation
You can be denied entry for previously having violated the US immigration law such as overstaying your welcome stay as a visitor or working without a Work Permit. Therefore, you must keep in mind to exit the country before your visa expires and having a work permit if you decide to work. Not following the US immigration law can lead to severe consequences on your future trips to USA.
Not having Sufficient Funds
Depending on your length of stay in the US you have to show sufficient funds to prove you are able to support yourself during your time of stay. To demonstrate you are able to support yourself during your time of stay you can provide bank statements.
Admitted Drug Use
If you admitted publicly that you have illegally used drugs you can be denied entry even if you don’t have a criminal record. So be careful what you say publicly as someone may have recorded you and could possibly end up on your record.
Travellers have been denied entry to US under fraudulent grounds such as using a friend or family member’s passport or forging documents to receive a waiver. Do not attempt to cross the border by fraudulent means as this can deny you entry and can ban you from the country for several years.
If you have an arrest warrant you are considered inadmissible to US and can be refused at the border. The US immigration officer at the border informs RCMP that you attempted to cross border they will either arrest on the spot or are simply denied entry.
Working without Work Permit
If an immigration officer at the border believes you plan on working in the country they can deny you entry. Therefore, if you have plan on working in the US have a valid work permit, if you are not planning to work ensure you have sufficient supporting documents to prove your intensions are not to work in the US.
Having no Intention to leave the Country
If the immigration officer believes you have no intensions to leave the country you can be denied entry. To prove to the immigration officer you will exit the country by the end of your authorized stay is by providing supporting documents that proofs ties to your home country.
Inadmissibility on Health Grounds
An individual may be deemed inadmissible to enter Canada on health if he or she is considered to be health threat as determined by an approved panel of physicians. This means, the individual has health related issues towards a disease, sickness, illness, or infection which cannot be contained effectively, can spread to other individuals in large amounts, can spread to other individuals fairly quickly with no or little effort, once begun to spread; it will be difficult to contain; and as a result the presence of the individual could result in a case of national threat where he or she may expose the disease, sickness, illness, or infection to others.
Who can apply for a Waiver Application?
If you are considered inadmissible in to the United States, you will need to apply for waiver of inadmissibility. A waiver of inadmissibility can only be issued if you are seeking the following travel documents or have the intents of doing so:
- If you are seeking an immigration visa in to the United States
- If you are aiming for an adjustment of your status
- If you want certain non-immigrant statuses
- Or if you are seeking other certain immigration benefits
Waiver Form I-601
If any of the above mentioned bullet points apply to your situation, then you must fill out the applicable Waiver for Inadmissibility Form. The form is available online on the United States Citizenship and Immigration Services Website and can be downloaded as a PDF file. To identify the correct form for the waiver, searching using the identity Form I-601. Refer to the instruction on the website. The form has a total of 13 pages, all 13 pages must be fully completed with complete accuracy. Ensure all the information you put in to the form is correct and up to date, as incorrect and out dated information could result in your waiver application being rejected and could also potentially hinder the possibility of success in your future applications to the United States Citizenship and Immigration services. So ensure you have the latest updated form, submitting it to the correct address and signing were indicated on the form, paying the government fee. If you don’t sign the form it will be returned to you as incomplete which can delay things for you. The fee required for the waiver on inadmissibility grounds is $585. It is payable in American currency or funds.
Documents required to complete a Waiver Form
I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-601 (PDF, 576 KB)
• Instructions for Form I-601 (PDF, 388 KB)
• Flowchart: Filing Certain Waivers of Inadmissibility (PDF, 579 KB)
• Form G-1145, E-Notification of Application/Petition Acceptance (PDF, 240 KB)
Waiver Application Special Instructions
If you are filing this waiver application form from a United States Citizenship and Immigration Services Lockbox Facility, then please make sure to read the important Lockbox Filling Tips online on the Citizenship and Immigration Services Website beforehand.
If you wish to be notified whether through email or a text message that your application has been accepted at a USCIC Lockbox Facility, then complete the required forms and attach them to the first page of your application.
To make sure your application is accepted, ensure the following steps:
- Pay the correct and complete fee
- Properly sign your form
- Complete the entire form accurately and with up to date information, icludig your last name, your current address, and true date of birth.
Contact Akrami & Associates
For a successful waiver application to the United States Citizenship and Immigration Services, you will have to provide an abundant and sufficient amount of paperwork and documentation that will convince the immigration officer that you will obey the law while you are in the US that your reason for entry is valid, that you will respect the terms of your stay in the US, and that you will leave the US once your authorised period of stay is over. Remember, you are required to sign al your documents appropriately and legitimately when you hand them in. otherwise, Citizenship and Immigration Services will not consider these applications, and will return them back to you to fill them in properly. This will delay your application process. Contact us at Akrami and Associated today to book a consultation and determine what next steps you should take.
With Akrami & Associates there is always a way!!