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Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
The fix: an approved Form I-192 waiver (advance permission to enter) from US Customs and Border Protection. It lets a Canadian who is inadmissible because of a record enter the United States temporarily.
The timing: there is no filing deadline, but plan months ahead. CBP says to allow 90 to 120 days from your biometrics, its e-SAFE portal currently says 9 to 12 months on average, and your RCMP fingerprint result must be dated within 15 months when you file.
Why a lawyer: whether you need a waiver at all depends on how US law classifies your Canadian offence. Why a lawyer
The lawyers who handle these files
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If you are a Canadian with a criminal record, or you were turned back at the US border, you usually need a US entry waiver before you try to cross again: an approved Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, decided by US Customs and Border Protection (CBP). The government fee is US$1,100 (as of November 7, 2026), the RCMP fingerprint result must be less than 15 months old when you file, and CBP’s own estimates run from about four months to a year. This guide covers who needs a waiver, the documents, the steps and what to do after a refusal at the border.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares US entry waiver applications for Canadians with a criminal record and for travellers refused at the US border; this guide is by Sundeep S. Grewal.
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What is a US entry waiver?
A US entry waiver is permission from CBP to enter the United States temporarily even though you are inadmissible under US immigration law. For Canadians it is Form I-192. The legal basis is section 212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)), which lets an inadmissible person be admitted as a visitor in the government’s discretion. The waiver does not erase your record or make you admissible for good. It is permission for a set period, and CBP decides how long.
You need one if a ground of inadmissibility applies to you. The common ones for Canadians are in the table below.
| Ground | US law | What triggers it | Can an I-192 waiver cover it? |
|---|---|---|---|
| Crime involving moral turpitude (for example theft, fraud, many assaults with intent to harm) | INA 212(a)(2)(A)(i)(I) | A conviction, or admitting the essential elements of the crime, even without a conviction | Yes |
| Controlled substance offence (including cannabis, and including Canadian law) | INA 212(a)(2)(A)(i)(II) | A conviction, or admitting the essential elements, for a drug law of a state, the US or a foreign country | Yes |
| Two or more convictions | INA 212(a)(2)(B) | Any two or more offences where the total sentences to confinement were 5 years or more | Yes |
| Drug trafficking | INA 212(a)(2)(C) | The officer “knows or has reason to believe” you have trafficked; no conviction needed | Yes, but it is a hard case |
| Drug abuse or addiction (a health ground) | INA 212(a)(1)(A)(iv) | A medical finding of drug abuse or addiction | Yes, with treatment evidence |
| Misrepresentation | INA 212(a)(6)(C)(i) | Lying about a material fact to get admission, for example denying a record at the border | Yes |
| Earlier removal (for example expedited removal at the border) | INA 212(a)(9)(A) | Being ordered removed; 5-year bar, 20 years after a second removal | Needs consent to reapply (Form I-212) as well |
| Terrorism, espionage and other security grounds | INA 212(a)(3) | Security findings | No. These are excluded from 212(d)(3)(A) |
Two exceptions matter for many Canadians. The petty offence exception applies if you committed only one moral turpitude crime, the maximum penalty possible was one year or less, and you were not sentenced to more than six months. The juvenile exception applies to a single crime committed under 18 more than five years before you apply (INA 212(a)(2)(A)(ii)). Canadian offences are often hybrid, so whether the petty offence exception fits turns on how the offence was prosecuted and what the Criminal Code allows. That is a legal question, and it decides whether you need a waiver at all.
Why a US entry waiver needs a lawyer
One lawyer, one file, every step:
- reading your court records against the US grounds and the petty offence and juvenile exceptions;
- deciding whether you need a waiver, a waiver plus Form I-212, or nothing;
- building the I-192 package, the personal statement and the rehabilitation evidence;
- advising you on a record suspension in Canada and on answering border questions truthfully;
- representing you on the application and filing it through CBP’s e-SAFE system, as foreign lawyers are permitted to do.
A waiver application turns on legal classification: whether a Canadian conviction is a crime involving moral turpitude under US law, whether an old charge that ended in a discharge counts, and whether something you said at the border amounted to an admission. Those answers decide the whole file.
Lawyers are members of a law society (in our case, the Law Society of British Columbia), which regulates the legal advice we give and our duty to you. Many waiver services are not law firms, and some say on their own websites that they do not give legal advice. They can fill in the form; deciding whether you need it is the part that takes a lawyer.
Getting this wrong has a cost. Filing when you did not need to wastes the US$1,100 fee and months of waiting, and crossing when you did need a waiver can lead to a refusal, a misrepresentation finding or a removal order that makes the next application harder.
Can I travel to the US with a criminal record?
Sometimes yes, without a waiver. If your only conviction falls within the petty offence exception, or your record is for an offence that is not a crime involving moral turpitude or a drug offence (a single impaired driving conviction is often in this group), you may not be inadmissible at all. If a ground in the table applies, you need an approved waiver before you travel. Do not try to cross and “see what happens”: a refusal or a wrong answer at the border creates new problems on top of the old record.
What are my options?
- Have a lawyer review your record first. Get your court records and RCMP fingerprint result, and have them read against the US grounds. This decides whether you need a waiver at all.
- Apply for a US entry waiver (Form I-192). This is the route for almost everyone who is inadmissible for a criminal record. It is filed with CBP, online through e-SAFE, with biometrics at a designated port of entry.
- Add Form I-212 if you were removed. If you were ordered removed, for example by expedited removal at the border, you also need consent to reapply within the bar period (INA 212(a)(9)(A)(iii)).
- A Canadian record suspension (pardon), alongside the waiver, not instead of it. A record suspension sets the record aside in Canada and removes it from CPIC. The Parole Board of Canada itself says it does not ensure entry or a visa to another country, and the United States does not recognize a Canadian record suspension: US officers still treat the conviction as a conviction, so a waiver is still needed. A record suspension is still worth having for work and other purposes in Canada.
Booking a trip does not speed any of this up. Start the waiver well before you need to travel.
What CBP weighs when it decides a waiver
CBP has broad discretion. The test comes from Matter of Hranka, 16 I&N Dec. 491 (BIA 1978), the case of a Canadian applicant, where the Board of Immigration Appeals said three factors are weighed.
- The risk of harm to society if you are admitted. Answered by time since the offence, a clean record since, completed sentences and programs, stable work and family.
- The seriousness of your past criminal or immigration violations. Answered by the court records themselves and an honest, specific personal statement.
- The nature of your reasons for wanting to enter the United States. Answered by evidence of the trip: work, family, business or a planned holiday.
In Hranka the Board said your reasons for travelling do not have to be “compelling.” A holiday or family visit can be enough when the risk is low and the record is explained.
US entry waiver facts at a glance
| Item | What applies (as of November 7, 2026) |
|---|---|
| Form | Form I-192, Application for Advance Permission to Enter as a Nonimmigrant |
| Who decides | US Customs and Border Protection, Admissibility Review Office |
| Legal basis | INA 212(d)(3)(A), 8 U.S.C. 1182(d)(3)(A) |
| Government fee | US$1,100 (8 CFR 106.2(a)(13)); electronic payment only |
| Where to file | Online through e-SAFE, then biometrics in person at a CBP-designated port of entry. CBP preclearance offices (for example at Canadian airports) are not accepting I-192 applications |
| RCMP record | Fingerprint-based RCMP result, dated within 15 months of filing; file only after you have it |
| Court records | For each crime, anywhere in the world, or a court letter saying why the record is not available |
| How long an approval lasts | Set by the officer for each approval. A first approval is usually for one year and later approvals are often for five years, but I have seen five years granted the first time |
| Other costs | RCMP federal fee CA$25 per check, plus the fingerprinting agency’s fee and any court record fees |
How to apply for a US entry waiver: steps and timeline
The times below are the agencies’ own statements, not a promise. CBP does not commit to a date for any single file.
| Step | What happens | Time, as the agency states it |
|---|---|---|
| 1. Lawyer review | Your record is read against the US grounds and exceptions | Depends on how quickly you can get the records |
| 2. RCMP fingerprints | Fingerprints taken by an accredited agency and sent to the RCMP for a certified result | RCMP: 3 business days or less with no record match; up to 120 business days when a record or manual processing is involved |
| 3. Court records | Certified records for each conviction from the court that decided it | Varies by court |
| 4. Prepare and file on e-SAFE | Form, statement, evidence and the US$1,100 fee, filed online | Within 15 months of the RCMP result date |
| 5. Biometrics | Fingerprints and photo at a designated port of entry | Appointment through e-SAFE |
| 6. CBP review | The Admissibility Review Office decides | CBP’s I-192 page: 90 to 120 days from biometrics, and allow at least 180 days before a status inquiry. e-SAFE notice (read November 7, 2026): currently 9 to 12 months on average |
| 7. Decision | Notice through e-SAFE; travel with the approval document | Approval period set by CBP |
Documents checklist for a US waiver application from Canada
Identity and forms
- Canadian passport (evidence of citizenship)
- Form I-192, signed by you
- Form G-28 if someone represents you on the application
- Form I-212 as well, if you were ever removed
Record
- RCMP fingerprint-based criminal record result, dated within 15 months of filing
- Certified court records for every conviction showing the charge, plea, conviction and sentence, or a court letter explaining why a record is not available
- Records for any arrest or conviction in the US or elsewhere
- Proof the sentence was completed (probation, fines, programs)
Your statement
- A signed statement in your own words explaining each arrest, conviction and sentence, consistent with the court records
Rehabilitation and ties
- Employment letter (and tax returns if self-employed)
- Reference letters from people who know about the record
- Counselling, treatment or program certificates; a recent drug test for drug-related health grounds
- Community service, family responsibilities, property and other ties to Canada
- The record suspension, if you have one
What a reference letter should include: who the writer is and how long they have known you, that they know about the conviction, what they have seen of your conduct since, and their contact details and signature.
Refused entry at the US border?
If a CBP officer refused you entry, find out what kind of refusal it was. If you were allowed to withdraw your application for admission and go back to Canada, there is usually no bar on returning, but you still need a waiver if a ground applies. If you were ordered removed by expedited removal, you are barred for 5 years (20 years after a second removal) unless CBP consents to your reapplying, which means a Form I-212 alongside the I-192 (INA 212(a)(9)(A)). A finding that you misrepresented something at the border is a separate ground that the waiver also has to cover.
Keep any paper the officer gave you, and write down what was asked and what you answered while you still remember it. Do not try a different crossing; the refusal is recorded.
Why US entry waivers get refused: mistakes I have seen
- I have seen applicants treat the waiver as a form to fill in rather than a case to prove. CBP expects a significant amount of evidence of rehabilitation and genuine remorse, and a thin file is easy to refuse.
- I have seen personal statements that play down the offence or do not match the court record. The officer reads both, and an explanation that does not take responsibility works against you.
- I have seen weak applications cost people a year of waiting and the US$1,100 fee, only to start again with a refusal on file. It is cheaper to build the file properly the first time.
- I have seen travellers rely on a record suspension and try to cross without a waiver, then end up with a refusal on record.
CBP will not process a file without an RCMP fingerprint result dated within the last 15 months, so get the fingerprints done first.
Frequently asked questions
How long does a US entry waiver last?
It is up to the officer. A first approval is usually for one year and later approvals are often for five years, though I have seen five years granted on a first application. A waiver does not renew itself: you file a new I-192 for each new period, so start the renewal well before the current one ends, given current processing times.
How much does a US entry waiver cost?
The US government fee for Form I-192 is US$1,100 (as of November 7, 2026). On top of that are the RCMP federal fee of CA$25, the fingerprinting agency’s fee, any court record fees and legal fees.
How long does it take to get a US waiver?
No one can promise a date. CBP’s I-192 page says 90 to 120 days from biometrics and asks you to wait at least 180 days before a status inquiry, while the e-SAFE portal says applications are currently taking 9 to 12 months on average. Getting the RCMP result and court records comes first and adds time.
Do I need a US waiver if I have a pardon (record suspension)?
Usually yes. A record suspension sets the record aside in Canada, but the Parole Board of Canada says it does not ensure entry to another country, and the United States does not recognize a Canadian record suspension. US officers still treat the conviction as a conviction.
Can I go to the US with a DUI from Canada?
Often yes. A single impaired driving conviction is often not treated as a crime involving moral turpitude, but CBP can still ask questions or refer you for a medical exam, and a DUI combined with other offences can change the answer. Have the record reviewed before you travel.
I was denied entry to the USA from Canada. Can I just try again?
Not without fixing the reason for the refusal. The refusal is recorded, and trying another crossing without a waiver usually ends the same way or worse. If you were removed, you also need consent to reapply (Form I-212).
Can I apply for a US entry waiver online?
Yes. CBP encourages filing through e-SAFE, but you still attend a designated port of entry in person for fingerprints and a photo. CBP preclearance offices at Canadian airports are not accepting I-192 applications.
Do I need a waiver if I was never convicted?
Possibly. US law makes you inadmissible if you admit the essential elements of a moral turpitude or drug offence, even without a conviction, and an officer who has “reason to believe” you trafficked drugs can refuse you. Answer border questions truthfully and get advice before you travel.
What should I do right now?
Gather what you have: any court documents, your sentence and probation papers, any border refusal paper and the record suspension if you have one. Then get your fingerprints taken for an RCMP result, because nothing can be filed until it comes back, and that result is only good for 15 months.
Book a consultation with our immigration lawyers in Abbotsford, Surrey or Vancouver to have your record reviewed and your US entry waiver prepared.
Ready to book? Open the booking form ↑
See also, for travel in the other direction: Can felons go to Canada?, Can you go to Canada with a DUI? and Criminal rehabilitation in Canada.
Sources (official)
- US Customs and Border Protection, Form I-192: Application for Advance Permission to Enter as Nonimmigrant
- CBP Help, Inadmissibility waiver: Advance Permission to Enter as Nonimmigrant
- CBP, e-SAFE
- USCIS, I-192, Application for Advance Permission to Enter as a Nonimmigrant
- 8 CFR 106.2 (USCIS fees, Form I-192)
- 8 U.S.C. 1182 (INA section 212: grounds of inadmissibility and waivers)
- Matter of Hranka, 16 I&N Dec. 491 (BIA 1978)
- Parole Board of Canada, Applying for a record suspension
- RCMP, Criminal record checks: processing times and fees
This article is general information, not legal advice. Every case depends on its own facts.