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Q&A Categories Archives: US Waiver FAQ

Can I travel to the US with a criminal assault record

The short answer is you cannot travel to the US with an assault conviction.

You could attempt to cross the border and you may be let in, but you also may be denied entry.

In order to resolve this issue, you’ll have to complete an application called “I-92 Advance Permission to temporarily enter The United States as a Non-Immigrant.” You will have to provide documentary evidence along with the completed application. You’ll have to hand it in, in person, to a US CBP agent at a port of entry or airport. If you are approved, the “waiver” (as it’s usually known) will be issued for up to 5 years, and then you’ll have to get another one.

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I am a Canadian citizen and my same sex partner is a US citizen. We are planning to get married in October this year and i want to stay in the U.S till my paperwork is complete and i get a legal status to continue living there. Therefore i’m planning to wind up everything in Canada, resign and leave, would there be any problem for me crossing the border? if i tell the officer the reason of my travel?

You need a visa to enter the US if you are planning to marry an American citizen. If you do not have one with you when you reach the border, you may be denied entry.

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I applied for US Visitor Visa today December 2nd ,2014 in Toronto,Canada, and it was rejected saying to get the information on why you were rejected in India for a student visa to US, back in 2002 and that I lied to the Visa Officer back then about my Education, It being close to 12 years now I have no recollection of any such thing happening and I have all my Certificates Verified by the Universities I have attended. Also the Visa Office here in Toronto mentioned that I have applied for US visa 5 times before today which is not true, I have all my passports since my childhood and I only applied 3 times including this time in Toronto. I applied first time for a student visa on November 21st 2002 in Chennai,INDIA. Second time for a visitor Visa on 26th Jan 2004 in London, England and third time today Dec 2nd 2014 from Toronto,Canada. How do I resolve this issue and get a US visitor Visa, or shall I just wait for another 2 years to get my canadian passport and then travel to US. I am now a permanent resident here in Canada with a full time Job,a home which I own and have my wife and child here in Canada they are both Canadian Citizens.

It is entirely possible that you have been confused with someone else. You should look into something called a Department of Homeland Security (DHS) TRIP appeal, http://www.dhs.gov/dhs-trip. However, because it is about travel, and not immigration, it is unlikely to solve your problem even if it is successful.

Unfortunately for you, it is their prerogative to deny you a visa. I would strongly recommend that you wait until you are a Canadian citizen before trying to enter the US again. Even then, the passport will not necessarily solve your admissibility issue.

You may require a “waiver of inadmissibility”.

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I have travelled into the US a few times even though I am supposed to be inadmissible. How can this happen?

US Border officials do not always have time to run record checks each time you cross. However if you are inadmissible and are crossing without a waiver this is a serious offence, which can result in the confiscation of your vehicle, criminal charges and jail sentences. Those travelling with you may be charged with harbouring a criminal as well as being classed as inadmissible to the United States.

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What must I prove when applying for a waiver?

You must provide complete assurance that you are not a risk to US society and you can do this by proving that you have been on a rehabilitation course; that 15 years have passed since the action that made you inadmissible; that your absence would cause economic hardship to immediate dependents. The severity of your criminal or immigration crimes are taken into account when reviewing your waiver application and the reasons for you wanting to enter the United States.

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