Determining the grounds of inadmissibility
A waiver application begins with understanding the reason for inadmissibility. Criminal history, a prior immigration violation, misrepresentation or a previous removal can raise different questions. We review the available border or visa decision and the relevant records before advising on the next step.
Canadian citizenship and residence in Canada are not interchangeable for procedural purposes. The appropriate route may involve U.S. Customs and Border Protection (CBP) or a consular visa process, depending on nationality, the proposed classification and the legal issue.
This page concerns waivers for temporary entry to the United States. Waivers connected with permanent immigration require a separate review.
Preparing a waiver application
Form I-192 and e-SAFE are used in certain nonimmigrant cases. They are not the correct procedure for every person living in Canada. Our firm assesses the available route, identifies the supporting evidence and explains the stages of the application.
The evidence must address the applicable requirements and the circumstances of the case. It may include court records, immigration history, the purpose of travel and information about what has changed since the underlying events. We advise clients on the records needed for that review.
Waiver decisions and travel arrangements
A waiver decision involves eligibility and the exercise of discretion. Processing time and the period of validity depend on the application and the decision. Before making travel arrangements, review the approval and its conditions. A waiver does not remove the need to meet the other requirements for admission.
Waiver assistance across Canada
Our firm assists clients across Canada, including Toronto, Vancouver, Montreal, Calgary and Ottawa. Please request an assessment to discuss your intended travel and any previous refusal. A brief summary is sufficient for the initial inquiry.
PREPARING FOR A CONSULTATION
Information to prepare
Detailed court or immigration records should be provided through the appropriate consultation process, rather than through the initial assessment form.
- Citizenship and passport information
- Written refusal or inadmissibility records
- Court and immigration documents
- Purpose of travel and any previous waiver
Common questions
Do I need a waiver after being refused entry?
Not necessarily. The reason for the refusal must be reviewed before deciding whether a waiver is required or available. Please retain any written decision and provide a brief account of what happened when you contact our firm.
Does living in Canada mean I can apply directly through CBP?
No. Citizenship, visa requirements and the reason for inadmissibility determine the appropriate procedure. Form I-192 and e-SAFE are relevant to certain nonimmigrant cases; they are not the correct route for everyone living in Canada.
How long does a U.S. entry waiver application take?
There is no single processing period for every application. Time is needed to obtain records and prepare the application before government processing begins. For applications made through CBP, consult the current e-SAFE processing information and allow for the circumstances of your case.
How can I find out about legal fees?
Please contact our firm for information about consultation and legal fees. We can discuss the applicable fees in relation to your matter and the services required.
Does an application guarantee approval?
No. A waiver decision involves eligibility and the exercise of discretion.
Official sources and further reading
- Form I-192 applications - U.S. Customs and Border Protection (opens an official external source) ↗
- e-SAFE application and processing information - CBP (opens an official external source) ↗
- Visa denials and waiver eligibility - U.S. Department of State (opens an official external source) ↗
- Visa ineligibilities and waivers - U.S. Department of State (opens an official external source) ↗
Requirements can change. Check the current official instructions and obtain advice about your circumstances.
General information only; it does not replace advice about an individual case.