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US Waiver FAQ

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If you have a criminal record you may be inadmissible to the United States, meaning you cannot travel to the US even for a day. In order to successfully travel to the US, you must apply for “Advance Permission to Enter as a Non-immigrant,” colloquially known as “a US Waiver.” A US Waiver is temporary permission to enter the US for business or pleasure. Waivers have fixed time-limits (often five years) and you will have to apply for a new one when your previous Waiver expires, unless you are able to resolve your inadmissibility.

Note: A Canadian Record Suspension will not, by itself, exempt you from needing a US Waiver.

More information about US waivers can be found on the US Citizenship and Immigration Services website.

I am HIV positive. Am I inadmissible to the United States?

No. Since January 2010, people infected with the HIV virus are no longer inadmissible and can enter into the United States without problem and are no longer required to file Form I-601.

How much will it cost for me to get a US waiver?

The filing fee is US $585. Payment must be made by certified cheque in US dollars drawn on a US bank.

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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