U.S. Waivers for Canadian Citizens

Guide for Canadian Citizens Applying for a U.S. Entry Waiver Using e-SAFE

If you’re a Canadian citizen with a prior record of inadmissibility to the United States, such as a conviction for possession of cannabis products or admission of marijuana use to a U.S. Customs and Border Protection (CBP) officer, you may need to obtain a U.S. entry waiver. The waiver process, managed through the U.S. Customs and Border Protection’s (CBP) e-SAFE platform, allows you to seek permission to enter the U.S. legally. This guide provides a step-by-step overview of how to apply for a waiver using e-SAFE.

Step 1: Determine Eligibility

Before starting the application process, confirm that you need a waiver. Canadian citizens with certain criminal records or those who have admitted to marijuana use or other excludable conduct to a CBP officer are often deemed inadmissible to the U.S. Since possession of marijuana is still considered a crime under U.S. federal law, even if it is legal in Canada or certain U.S. states, a waiver is typically required.

Inadmissibility can also arise from:

• Crimes of Moral Turpitude (CIMT): These are offenses that involve acts of dishonesty, fraud, or actions that are inherently vile or depraved, and contrary to societal moral standards. Examples include, but are not limited to:

• • Theft and fraud-related crimes, such as shoplifting or embezzlement.

  • Assault with intent to cause harm, including domestic violence.

  • Burglary or robbery.

  • Forgery or counterfeiting.

  • Perjury (lying under oath).

  • Prostitution and commercialized vice.

  • Aggravated assault or assault with a deadly weapon.

  • Criminal trespass with intent to commit a CIMT.

  • Bribery or corruption offenses.

  • It is important to note that not all crimes are classified as CIMTs. For example, simple disorderly conduct, public intoxication, or traffic violations typically do not fall under this category. Determining whether a specific offense is a CIMT can be complex, and consulting with an immigration lawyer is advised to clarify your status.

• Controlled Substance Violations: Including any drug-related conviction or admission of drug use.

• Health-Related Grounds: Such as conditions deemed a risk to public health.

• Security Violations: Including espionage or terrorism.

• Document Violations: Such as misrepresentation or fraud.

Petty Crime Exemption for CIMT

Not all convictions or admissions for Crimes of Moral Turpitude result in inadmissibility. The petty crime exemption applies if:

• The offense was a single CIMT.

• The maximum penalty possible for the offense did not exceed one year.

• The individual was not sentenced to more than six months of imprisonment, regardless of whether the sentence was served.

For example, a theft conviction where the value of the property was minimal and the penalty was minor may qualify under this exemption. Similarly, possession of less than 30 grams of marijuana, where no other criminal factors are involved, may also fall under an exemption. This exemption does not require a U.S. entry waiver, but proper documentation (e.g., court records and legal advice) is essential to demonstrate eligibility.

If you have admitted to marijuana use but believe you qualify for the petty crime exemption, consult an immigration lawyer to confirm your status before traveling.

Step 2: Gather Required Documents

Prepare the following documents to support your waiver application:

1. Completed Form I-192: Application for Advance Permission to Enter as a Nonimmigrant. This form will be completed digitally within the e-SAFE platform.

2. Completed Form I-212: Application for Permission to Reapply for Admission into the United States After Deportation or Removal, if applicable. This form is required for individuals who have been deported or removed from the U.S. previously.

3. Proof of Citizenship:

   • Canadian passport (valid and unexpired)

   • Birth certificate or citizenship certificate (if applicable)

4. Court Records:

   • Certified court documents for all charges, including those that were dismissed or resulted in acquittals.

5. Police Records:

   • A recent RCMP police certificate (must include fingerprints).

6. Personal Statement:

   • A written explanation addressing the details of the incident(s) leading to your inadmissibility and why you seek entry into the U.S.

7. Evidence of Rehabilitation:

   • Letters of reference from employers, community leaders, or family members.

   • Proof of participation in rehabilitation programs, if applicable.

   • Documentation of stable employment or community involvement.

8. Evidence for Form I-192:

   • Detailed evidence of rehabilitation efforts, such as participation in counseling, community service, or educational programs.

   • Proof of good moral character, demonstrated through character reference letters from reputable individuals.

   • A clear explanation of the reasons for seeking entry to the U.S., such as employment, family visits, or medical needs.

9. Evidence for Form I-212:

   • Proof of significant ties to Canada, such as property ownership, stable employment, or family obligations.

   • Evidence showing the hardships that would result from being denied entry to the U.S., especially if family members or critical opportunities are involved.

   • Documentation demonstrating compliance with all terms of removal or deportation orders, if applicable.

10. Additional Documents:

• Two passport-sized photographs.

• Any previously issued U.S. entry waivers (if applicable).

Step 3: Create an e-SAFE Account

1. Visit the e-SAFE portal.

2. Create an account by providing your email address and creating a secure password.

3. Verify your email and log in to the e-SAFE system.

Step 4: Complete and Submit the Application

1. Log in to your e-SAFE account and select “Start a New Application.”

2. Fill out Form I-192 online, providing accurate and detailed information about your personal history, criminal record, and reasons for seeking entry.

3. If applicable, complete Form I-212 within the e-SAFE platform.

4. Upload all required supporting documents in the appropriate sections.

5. Pay the application fee of $930 USD for Form I-192 and an additional fee for Form I-212, if applicable.

6. Submit your application. You will receive an email confirmation with your application tracking number.

Step 5: Attend an In-Person Appointment

After submitting your application, schedule an in-person appointment at a designated U.S. Customs and Border Protection location in Canada. During the appointment:

1. Bring original versions of all uploaded documents.

2. Provide biometric data, including fingerprints and a photograph.

3. Answer any questions posed by the CBP officer regarding your application.

Step 6: Wait for a Decision

Processing times for U.S. entry waivers can vary. Applications submitted through e-SAFE are often processed faster, typically within 170 days if submitted with the assistance of a U.S. immigration lawyer. Monitor the status of your application through the e-SAFE portal. Once a decision is made, you will be notified via email and can view the decision letter in your e-SAFE account.

Key Considerations

1. Validity of Waiver: Waivers can be issued for one, two, or five years, depending on the nature of the offense and the strength of the application.

2. Travel Risks Without a Waiver: Attempting to enter the U.S. without addressing inadmissibility can result in arrest, fines, confiscation of property, or even being barred permanently from entry.

3. Cannabis-Related Inadmissibility: Even admissions of marijuana use to a CBP officer, without a conviction, can result in inadmissibility. Waivers are required in these circumstances.

4. Length of Inadmissibility: The length of inadmissibility depends on the circumstances surrounding the offense. For example:

   • Individuals who are deported or removed from the U.S. may face a 5-year, 10-year, or permanent ban, depending on the nature of their removal.

   • Fraud or willful misrepresentation can result in permanent inadmissibility unless a waiver is granted.

   • Controlled substance violations often lead to permanent inadmissibility, although exceptions exist for minor offenses like possession of less than 30 grams of marijuana.

5. Legal Assistance: Given the complexity of the process, many applicants opt to work with a qualified U.S. immigration lawyer. A lawyer can ensure that all required documents are included and can expedite the process through the e-SAFE system.

6. Costs: The government fee for Form I-192 is $930 USD. If Form I-212 is required, additional fees will apply. Other costs include obtaining RCMP background checks and certified court records.