Denied Entry to the US?

According to Express Pardons a person will need to apply for a US Entry Waiver if they are denied entry to the US for whatever reason.  There are many different reasons as to why someone may be denied to entry to the US.

Some reasons as to why someone may be denied entry to the US include having a criminal record in Canada, having a criminal record in the US or having any involvement with terrorism or terrorist organizations.  Other reasons can include having trafficked in persons, having been removed or deported from the US or having overstayed in the US previously.

Anyone who has been denied entry to the US or banned from entering will require a US entry waiver to get back into the US.

Denied Entry to the US from Canada

Express Pardons knows that entry to the US from Canada is not always the simple procedure that people would want it to be.  The US and Canada have an agreement about sharing information about its citizens, particularly access to CPIC, the Canadian Police Information Centre.  CPIC is the national database for criminal records in Canada. If a person has a criminal record for which they have not received a pardon for then it is most likely that that information will be in CPIC.

 

If the US wants to screen someone who is entering the US from Canada they can run their name through the CPIC database to see if that person has a criminal record.  If the US determines that person who is trying to enter the US from Canada is not eligible to enter the US then they will deny them entrance.  This can happen at any US point of entry, generally a border crossing or international airport.  The only way to regain entry to the US from Canada when this happens is to apply for a US entry waiver.  A US entry waiver is a legal document provided by the Department of Homeland Security that allows people who have been previously denied entry to the US from Canada to re-enter.

American Waiver

As Express Pardons talks about it their blog, an American Waiver is for Canadians is required when any Canadian is denied entry to the US for any reason. An American Waiver is a legal document granted by the American Customs and Border Protection Agency which allows a person to enter the United States when they would otherwise not be allowed.  The US will accept an application for an American Waiver from any person who had been previously deemed ineligible for entry.  It is up to the US’s discretion to grant an American Waiver. 

US Waiver for Canadians to Enter the US

Express Pardons states that a US Waiver for Canadians is required when any Canadian is denied entry to the US for any reason. A U.S. Waiver for Canadians is a legal document granted by the U.S. Customs and Border Protection Agency which allows a Canadian entry to the United States when they would otherwise not be allowed.

 

US Entry Waivers for Canadians are valid for multiple entries into the United States for the term of the document.  US Waivers for Canadians are granted for 1 to 5 years. The waiver must be renewed before expiry to maintain continuous access to the United States.

 

US Entry Waivers for Canadians guarantee Canadians the right to the same treatment as any other border crosser who is not inadmissible. Once a U.S. Entry Waiver is granted, that person can apply for a FAST or NEXUS card. A US Waiver for Canadians is the only way to regain entry to the US once deemed inadmissable for whatever reason.

Top 10 Reasons to Get a US Entry Waiver

Express Pardons is the leading US Entry Waiver expert in Canada and they explain how you can reenter the US if you are deported for any reason.

1. If you were deported from the US, you will need a waiver, meaning the US has granted you permission to reenter

2. If you were denied entry to the US for ANY reason, you will need a waiver in order to be able to reenter

3. Express Pardon has a 98% success rate with Waivers, meaning that we leading specialists who can help you complete your waiver application

4. If you have a criminal record in Canada and you try to enter the US, the US can deny you entry, meaning that you will need a waiver to enter

5. If you are a Canadian with a criminal record in the US and you try to enter the US, the US can deny you entry, meaning that you will need a waiver to enter

6. Anyone who has been banned from the US can reenter the US with an entry waiver, meaning that the US has given them permission to reenter the country

7. Once a person who has been denied entry to the US the information surrounding the incident is put into the US information system and cannot be removed.  The US Entry Waiver is the only way to get back into the US

8. A US Entry Waiver means that you can apply for a Nexus Fast card

9. A US Entry Waiver means that you can travel into the US hassle free whenever you want while the waiver is valid

10. A US Entry Waiver is the only way you can reenter the US once you have been denied entry

Fingerprinting Required for Certified Criminal Record Searches

A criminal record check is required for both pardon and waiver applications.  In order to obtain a certified criminal record from the RCPM CPIC database a person has to have their fingerprints done for the purpose of a pardon or waiver, depending on the application.  Fingerprints can be done at any local police station or there a number of private locations across Canada that can take fingerprints for either application.  Once the fingerprints are completed they are sent to the RCMP who will in turn generate the criminal record.  The criminal record will show all charges for an individual that are found on the Canadian criminal record database.  According to the RCMP:

• The Canadian Criminal Real Time Identification Services destroys fingerprint submissions relative to civil screening (including Vulnerable Sector Verifications) when the search process is completed. The fingerprints are not added to the RCMP National Repository of Criminal Records and are not searched for future purposes.

This means that any person can get a criminal record search done without worrying about whether or not doing so will flag them in a system or create a new record.  Getting fingerprints done is the only way to get a certified criminal record check done in Canada.  The certified criminal record is a requirement of both the Canadian and US governments.  Contact Express Pardons for all your pardon and waiver questions or to start an application today.

Criteria For The Approval Of A U.S. Entry Waiver

Many Canadians with criminal records have experience the misfortune of being denied entry into the United States as a result of their records persisting on CPIC, the Canadian Police Information Centre.If you or someone you know has been denied, and are looking into regaining entry into the U.S., you will need to apply for a U.S. Entry Waiver.

Canadians who have been convicted of, or who admit to having committed, or who admit to committing acts which constitute the essential elements of a crime involving moral turpitude, other than purely political offenses are excludable under INA 212(a)(2)(A)(i)(I).

Fortunately, the United States does allow for your inadmissibility to be cleared. The authority to grant permission to enter the United States despite certain grounds of inadmissibility is contained in section 212(d)(3) of the INA, and Title 8, Code of Federal Regulations, Part 212.4. The exercise of such authority is discretionary, and granting of an application for advanced permission to enter as a non-immigrant is considered on its merits which include presence of extenuating or mitigating circumstances and a positive showing of rehabilitation when criminal activity is involved. The applicant bears the burden of establishing that the waiver should be granted in the exercise of discretion.

The requirements for establishing grounds for the exercise of such discretion was further refined in a seminal precedent setting case, Matter of Hranka, 16 I&N Dec. 491 (BIA) 1978. As set out in the outcome of this case, the following three criteria are now used to determine if the exercise of discretion is warranted:

• (1)    Risk of harm to society if the applicant is admitted;
• (2)    The seriousness of the underlying cause of inadmissibility;
• (3)    The nature of the applicant’s reason for wishing to enter the United States.

In addition to the above factors, more specific matters taken into account include:

• (1)    The nature of the offence;
• (2)    The circumstances which lead to the offense;
• (3)    How recently the offence occurred;
• (4)    Whether it was an isolated incident, or part of a pattern of misconduct;
• (5)    Evidence of reformation or rehabilitation.

As you can see, the objective of an application for a U.S. Entry Waiver is to convince the U.S. Customs and Border Protection Agency that you present a low risk, and that your need for entry outweighs this risk.Given the complexity of these applications, you would be well-advised to obtain the services of a U.S. Waiver specialist such as those at Express Pardons.

About the Author

Jared Church is RCMP accredited, a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada. Feel free to Email Jared your questions at info@ExpressPardons.com

For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

(ArticlesBase SC #2080642)

Article Source: http://www.articlesbase.com/ – Criteria For The Approval Of A U.s. Entry Waiver

Traveling to the United States more and more difficult for Canadians with Criminal Records

Author: Jared Church
If you have been following the news lately, flights to the U.S. from Canadian airports came crashing to a halt with news of the terrorist plot on Christmas Day. With each new terrorist plot uncovered and thwarted, the U.S. border and airport security are becoming more and more vigilent, and rightfully so. No one wants to witness the horrors of another September 11th type attack.

Unfortunately, the increased scrutiny at the border has had a few consequences. Much of the press on the matter has focused on the potential effect of increased border security on trade between Canada and the United States. The focus on trade is not unexpected. As of October, trade between the two countries totaled 351.31 Billion USD in 2009. Any security policy which hinders the exchange of goods across the border threatens the economic livelihood of both countries.

However, one of the less-observed consequences of the ever-tightening security on U.S. bound flights and border crossings is the effect on certain Canadians traveling to the United States.

The issue is criminal records, particularly old, minor offences such as theft and simple possession. Over 3 million Canadians have a criminal record of some form or another.

The United States has always had immigration laws prohibiting entry by people with past criminal records; however the laws were only loosely enforced prior to the 9/11.

Now, as border guards and customs officers do their due diligence on travelers, when the criminal record pops up on screen, they are forced to detain and process the unsuspecting Canadian traveler. Even for a 30 year old pot charge, a Canadian citizen can be forced through a 3 to 4 hour ordeal, including being fingerprinted by the U.S. Customs and Border Protection Agency.

Fortunately, there are solutions available to Canadian travelers with criminal records. If they have not yet been denied entry, they can apply for a Canadian pardon. If they have already been denied entry, they will need a U.S. Entry Waiver. Although these legal applications are complex, they can be obtained through a legal service such as Express Pardons for a nominal fee.

About the Author:
Jared Church is a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada.

Feel free to Email Jared your questions at info@ExpressPardons.com
For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

Article Source: ArticlesBase.com – Traveling to the United States more and more difficult for Canadians with Criminal Records

Applying for a U.S. Entry Waiver (I-192 Application for Advanced Permission to Enter as a Nonimmigrant)

Author: Jared Church

If you have been denied entry to the United States or if you are otherwise inadmissible, you will need to obtain a U.S. Entry Waiver.

The U.S. Entry Waiver, also known as an I-192 Application for Advanced Permission to Enter as a Nonimmigrant, is a legal documents that clears you to travel to the U.S. as often as you like, while the document remains valid.

When Do You Need A Waiver?

The most common reason for needing a waiver is having a criminal record in Canada which makes you inadmissible. The second most common reason you may require a U.S. Entry Waiver is because you have been deported from the United States for over your allowing time or for working without a proper visa.

How Do You Apply For A Waiver?

U.S. Entry Waivers are complex legal petitions to the United States Customs and Border Protection Agency and can easily be rejected unless they are prepared properly. You will probably want to use a professional service such as Express Pardons to draft the legal documents and prepare the petition on your behalf.

To start the U.S. Entry Waiver, you will need to sign some documents drafted for you, and then have your fingerprints taken for the purpose of a visa/waiver. The fingerprints are used to obtain a certified copy of your criminal record, or in the case you do not have a criminal record, then to obtain a certified clearance.

Next, certified true copies of the original court documents for each and every conviction you may have must be obtained from Provincial Court Archives. This work is handled on your behalf by Express Pardons, as they maintain contacts at all of the court houses and archives in Canada. Depending on the types of convictions you have, if any, police reports and court transcripts may also be required.

When using Express Pardons to prepare your waiver, you will be requested to supply some extra supporting documents to help them prepare a compelling case to present to the U.S. government.

Applying for a waiver of inadmissibility takes only five to ten minutes by toll free telephone. Visit Express Pardons today to learn more about the U.S. Entry Waiver, and to make an application.

About the Author:

Jared Church is RCMP accredited, a voting member of the Paralegal Society of Canada, and a leading expert in the field of Canadian Pardons, U.S. Entry Waivers, criminal record systems, and similar legal matters in Canada.

Feel free to Email Jared your questions at info@ExpressPardons.com
For more information on the author’s Better Business Bureau Accredited firm, visit www.ExpressPardons.com

Article Source: ArticlesBase.com – Applying for a U.S. Entry Waiver (I-192 Application for Advanced Permission to Enter as a Nonimmigrant)