US Entry Waivers

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• $399 + (depending on complexity) US Entry Waiver Processing Fee (facilitation of all paperwork, gathering of all applicable documents, records checks, etc.)

Costs associated with getting your criminal record files (e.g., $75 for Digital Fingerprints—$50 processing fee plus $25 RCMP fee)

$585 US payable to US Citizenship and Immigration Services (USCIS).

Our payment schedule will require a payment of $200 on the first visit plus $75 for digital fingerprinting, then remaining balance mid-way through the process. All disbursements will need to be paid via money order or certified check to the applicable agency. GST is applicable to some of these fees.

Payment Methods
We accept major credit cards, debit or cash at our locations.

Appointments
Appointments are necessary to apply for a US Waiver. Please contact locations directly to confirm hours of operation and to schedule appointment.

Refunds
Fingerprints (either digital or ink and roll) not accepted by the RCMP will be fully refunded (100%) upon the verification of receipt and rejection from RCMP. Clients must verify all personal information prior to submission of applications. Resubmission of applications due to operator errors will be fixed and resubmitted free of charge to the client. Service fees for resubmission of applications due to client error will be charged to the client.

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How long does it take to receive a US entry waiver?

The application process for a US entry waiver can take from six to 18 months depending on its complexity.

What do I need to know before traveling to the US?

International events, such as 9-11, have led the US Department of Homeland Security to take numerous measures to increase border security services. The most important thing to know when you are traveling to the US is that if you have a Canadian criminal record, or if you are suspected of having a criminal record, the Department of Homeland Security (DHS) can legally prevent you from entering the country. DHS and the Federal Bureau of Investigations (FBI) have access to the RCMP’s databases such as CPIC and APIS.

Once the border agent enters your name into their database, your criminal file will show up with an FPS# number attached to your name. This FPS# prevents you from entering the US.

How do I prevent the border guards from refusing or stopping me at the US borders?

If you have a Canadian criminal record you are at risk of being denied entry into the US. You can ensure you will not be denied entry to the US by getting a US entry waiver. Anyone granted a US entry waiver should be at no risk of being refused entry to the US. A US entry waiver overrides any personal discretion border guards may have.

What is a US entry waiver?

A US entry waiver is a document issued by the Department of Homeland Security (DHS) that grants entry to a Canadian citizen with a conviction into the US. The waiver will remove all risks of being refused entry at the border. Because the DHS is considered a “superior governing body” to the border guards, it overrides any discretion the guards might have when you try to cross the border. A US entry waiver can be granted for a period of one (1), two (2) or five (5) years by the US Government and can be renewed. (It is recommended you start the renewal process six months prior to the expiry of your US entry waiver.) The length of the waiver normally depends on the extent or seriousness of the crimes you have committed and the period of time that has elapsed since conviction. Once you have received your US entry waiver, you will be legally permitted to enter the US despite your criminal record.

What is the difference between getting a pardon and a US entry waiver?

Depending on your situation, you might need 1) a pardon and / or 2) a US entry waiver. If you have never been refused entry into the US for having a criminal record, a Canadian pardon may suffice to enter the US.

However, if you have been denied entry at the border for a criminal record, you will need a US entry waiver. If you have been stopped at the border and were refused entry because of your criminal record, your record will forever stay in the US Department of Homeland Security criminal database. Canadian pardons are not recognized by the US government if they are aware of your conviction but US entry waivers are.

If you have not been refused entry prior to getting your pardon, the border guards and the Department of Homeland Security may not know of your previous criminal record unless you tell them at the border.

Do I need a pardon before I apply for a US entry waiver?

You do not need to apply for, or receive a pardon before applying for a US entry waiver. If you need to travel to the US and have a Canadian criminal record you can choose to apply only for a US entry waiver to ensure access to the US.

However, if you have a Canadian criminal record and have not been pardoned, and the requisite amount of time has elapsed, you may want to consider applying for a pardon at the same time. Commissionaires BC offers a fast and affordable pardons service.

If I have received a pardon am I guaranteed entry to the US?

A pardon is not recognized by the US border guards. If at any time you have been denied access to the US, you will still be denied access to the US even if you have a pardon. You must apply for a US entry waiver.

Can my application for a US entry waiver be denied by the US government?

If you are deemed to be high-risk to re-offend, your application for a US entry waiver will most likely be turned down. Generally, applicants with numerous drug trafficking and / or sex related offenses are considered to be high-risk re-offenders. Other reasons why your US waiver might be denied includes: 1) the risk of harm to the society if the applicant is admitted, 2) the seriousness of the applicant’s prior violation(s) of immigration or criminal law, if any and 3) the nature of the applicant’s reasons for seeking entry.

What are the rights of the border guards? How much discretion do they have to refuse my entry?

The US border guards are given permission by US law to refuse entry to anyone for any and all convictions showing up on your criminal record without taking into account the details of the crime(s). Anyone granted a US entry waiver should be at no risk of being refused entry to the US. A US entry waiver overrides any personal discretion border guards may have.

What are some of the risks associated with entering the US illegally?

There are numerous risks involved in trying to enter the US illegally. You are not only exposing yourself to a refusal of entry but also confiscation of your property, which could include the seizure of your vehicle. You will also most likely be detained or incarcerated for entering the US in an illegal manner. There are numerous risks involved in entering the US illegally such as:

• Arrest
• Confiscation of your vehicle
• Conviction
• Deportation
• Detention
• Embarrassment
• Inability to travel internationally via the US
• Incarceration
• Fines
• Loss of travel expenses
• Refused entry / voluntary departure
• Removal
• Limits on business opportunity
• Missed vacation opportunity

People traveling to the US with you face the same risk as you because of your inadmissibility. If you are traveling with a friend or relative that is aware of your inadmissibility and you do not have a US entry waiver, your friend or relative could be subject to all of the above risks—and they can be charged and convicted with harbouring an illegal alien, an offence that would make them inadmissible to the US.

It is worth mentioning that you might think you are still in Canada while trying to cross the border but you will most likely be under US jurisdiction if you lie to US border guards. Being honest with US border guards will likely only result in your entry being denied with no further consequences.

Note: This rule only applies to the US. You may not be prevented from travelling to other countries around the world. However, if your method of traveling to another country is flying, you will still be prevented from landing in the United States to do a flight transfer.