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US Waivers FAQ's

Pardon FAQ's

1. What is a US Waiver?

A US Waiver (Waiver of Ineligibility) is a document that allows persons who have been convicted of a criminal offense to legally enter the US. Waivers last for up to 5 years, at which time it must be renewed.

2. Can you process out-of-province and out-of-country US Waiver applications?

Yes, in fact we process applications for Canadians living anywhere in the world as long as the location is served by reliable postal or courier delivery. Just call our office and apply over the telephone or complete our Secure Online Application form and submit it to us along with your payment.

3. Does a US Waiver have limitations?

Yes. US Waivers only allow a person to visit the U.S. for a specific period of time, however, they can be used multiple times right up until they expire. If you are planning to stay in the US for longer than 3 months there may be additional forms that must be completed and notarized, and then attached to your application.

4. When can I apply for a US Waiver?

You can apply for a US waiver at any time, as there is no waiting period. However, if you have multiple drug trafficking and/or sex related indictable offenses, odds are your Waiver application will be denied unless at least 15 years have past since your last conviction.

5. Can a US Waiver application be denied?

Yes, if you are deemed to be of a high risk to re-offend, your application can be denied. In such cases we will assist you in filing an appeal.

6. Do you assist with FAST Cards and Work Visas?

We endeavor to provide up-to-date information regarding the requirements and procedures to obtain these documents, especially when a US Waiver or Canada Pardon is one of the requirements, and is being processed through our office.

7. If I have been granted a Standard or Basic Canada Pardon, do I still need a US Waiver?

Unfortunately, US Customs does not recognize a Canada Pardon if they become aware of it. If you have never been denied entry, deported or interviewed by US Customs, and US Customs has never accessed your criminal record via CPIC or APIS prior to you being granted a Canada Pardon, and your criminal record was properly sealed, then US Customs will no longer be able to access it on CPIC or APIS. However, US Customs officials have several ways of finding out if you have ever committed a criminal offense. If you are not properly prepared to answer their wide assortment of questions you could be denied entry, face property seizures, short-term imprisonment, and be permanently banned from entering in the future. Our Customized Canada Pardon removes your criminal record from CPIC and APIS, as well as all trace evidence that you were ever arrested, charged, fingerprinted, photographed, went to court, etc., and it includes all the information you need to know to navigate US Customs. Note: If you were at one time involved or suspected of international gang related activities, or you have multiple sexual assault charges, a copy of your record could have been sent to the FBI and/or placed on Interpol. Such records are not destroyed through the Pardon process.

8. How much does a US Waiver cost?

Our fee to process a US Waiver application is: $495.00, plus 5% GST ($24.75) = $519.75. Price includes our administration fee (includes document certifications, application tracking, ARO update requests, email updates and express courier fees). Note: There will be a $65.00 biometric fingerprinting fee charged by Alberta Fingerprinting Services located on the second floor (which will dramatically speed up the processing of your Certified Record). If you live outside the Edmonton area we will arrange for you to be fingerprinted at the nearest biometric fingerprinting office or your local police station. There you will have to pay between $55 and $65, including the mail-in or electronic submission fee. Of course ink fingerprints can still be taken by our staff or your local police detachment for $30.00 plus a $25.00 mail-in submission fee, however, processing times for ink fingerprints are currently 9 to 10 months. Note: When your application is ready to be submitted you will be required to pay a $545.00 (USD) United States Department of State filing fee (as of July 30th, 2007). This fee can be paid with US cash, a major credit card, or a money order drawn on a U.S. bank account. Note: If you were convicted of illegal drug possession, sexual assault, assault, theft over $1000 or any indictable offense(s) or crimes involving moral turpitude within the last 15 years you will also be required to submit certified court and police records for all convictions at a cost of $60 each, plus per-page court transcript fees (if required).

9. What other documents will I need to attached to my US Waiver application?

That depends on what you were charged with, how long ago you were charged and why you need to enter the U.S.. Our staff will carefully review your application and explain to you what documents will be requested by U.S. Customs. Attaching the right documents to your application will greatly increase your odds of getting a Waiver. Our staff will draft and edit all the required documents.

10. How long does it take to process a US Waiver application?

Due to delays in acquiring RCMP Certified Records from Ottawa, Waiver applications can now take up to 5 months to assemble, and another 10 to 18 months to process, mostly due to delays in obtaining FBI background checks. Waiting periods can also vary depending on which U.S. Customs and Border Protection office processes your application. Click Here for Current Application Processing Times. Note: In rare circumstances a Port of Entry Parole permit can be obtained from US Customs and Border Protection, Homeland Security and/or USCIS, which is a permit that allows the applicant to enter the U.S. while their Waiver application is being processed. However, such permits are now only granted for emergency medical treatments, or to attend a funeral of an immediate family member. For eligible applicants who have applied for a Waiver through our office, an additional fee of $240.00 plus GST will apply, which is non-refundable.

11. Do all criminal convictions ban me from entering the U.S.?

No. People who have been convicted of only 1 Summary offence or who have DUI's or wreckless driving offenses are allowed to enter the U.S., as long as no other charges appear on their record. However, this could change at any time.

12. If my charge was withdrawn or suspended, do I still need a US Waiver?

Only if your offense happened prior to July of 1992 and is still on CPIC, or you admit to the offense even after it was removed from CPIC.

13. Do you provide free information to people who are applying for a US Waiver on their own, or who have received a Pardon through some other means?

No. This is due to the many time consuming complications that arise which take our staff away from properly serving our clients.

14. Do I qualify to receive a Port of Entry Parole permit, and what is the cost?

Thanks to Homeland Security, POEP permits are now only granted for 2 reasons; (1) Emergency Life-Saving Medical Treatment, and (2) to Attend a Funeral for an Immediate Family Member. There are absolutely no exceptions, and any other reason will mean you will be paying $240 just to get a major disappointment.

15. Can you get me a 5-year Waiver?

Unfortunately, since August of 2007, all first time US Waiver applicants are now only granted a 1-year Waiver. Also, renewal applications that have multiple Summary offenses that were committed less than 15 years ago, or that contain an Indictable offense, are usually only granted a 1 or 2 year Waiver the second time around. Note: Since August of 2007 all applicants who have recent narcotics convictions (within the last 15 years) or who have been convicted of sexual assault or a similar Indictable offense(s) involving moral turpitude, are required to attach Certified Court and Police Records, regardless of how long ago the offense(s) was, what type of counseling the person received, whether they've been pardoned, etc. Homeland Security's ARO grants or denies Waivers after reviewing each application and its attached documents; which include a recent and properly completed RCMP certified criminal record and attached fingerprints, a properly completed US Waiver application, including accurate biographical information, a certified criminal record background search performed by the FBI, which must also be verified through fingerprint comparison, and many other documents that are required which depend on the offense(s) committed. Our staff will assemble all the necessary documents and deliver a completed US Waiver application to the client to submit it at nearest US Customs and Border Protection office, along with a personalized cover letter addressed to that office, in order for clients to be FBI fingerprinted and then best considered for a US Waiver by Homeland Security's ARO. Our complete and customized service reduces application processing times, lost or misplaced applications due to errors and/or omissions, and greatly increases the odds of the applicant being granted a Waiver, and the length of time it will be valid.

16. What is your refund policy?

Full refunds (minus banking transaction fees) are only given when a service is not provided. Refunds are not given if your application is refused by U.S. Customs. To arrange for a refund please contact our office manager at: 780-473-7171.

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