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US Waivers FAQ's

Benefits of Using
Alberta Pardons to get your US Waiver

 

Pardon FAQ's

Last updated 27/02/2013

1. What is a US Waiver?

A U.S. Waiver (Waiver of Ineligibility) is a document that allows Canadian citizens or non VWP citizens who have been convicted of 2 or more Summary offenses, 1 or more a Possession of Narcotics offense, or 1 or more Indictable offence(s), to legally enter the United States for 1-year. Waivers have to be renewed and can then last for up to 5 years. U.S. Waivers only allow a person to visit the U.S. For a specific period of time (up to 6 months), however, they can be used multiple times right up until they expire. If you are planning to stay in the U.S. For longer than 3 months there may be additional forms that must be completed, notarized, and attached to your application.

2. When can I apply for a US Waiver?

You can apply for a Waiver at any time as there is no waiting period. However, there is no guarantee you will be granted a Waiver. (See next question for more information)

3. Can a U.S. Waiver application be denied?

Yes, if you are deemed to be of a high risk to re-offend, your application will most likely be denied. High risk offenders are usually described as people with multiple drug trafficking and/or sex related offenses, or more than 7 Summary convictions or 3 or more Indictable convictions within the last 10 years, or with 1 or more convictions within the last 5-years, and people who have stayed in the U.S. Illegally within the last 5 years. If your Waiver is denied we can assist you in filing an appeal within 60 days.

4. How much is a Waiver Renewal and how can I get started?

Waiver Renewals for previous clients are $467.25. When fingerprinted in our office we often waive the $70.00 Biometric Fingerprinting fee. We also waive all Document Certification Fees and all Court, Police and Pardoned Record Search Fees. To begin please complete our Secure Waiver Renewal Application form.

5. 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 U.S. Waiver or Canada Pardon is one of the requirements, and is being processed through our office.

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

Unfortunately, U.S. Customs does not recognize a Canada Pardon if they become aware of it. If you have never been denied entry, deported or interviewed by U.S. Customs, and U.S. 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 U.S. Customs will no longer be able to access it on CPIC or APIS. However, U.S. Customs officials have several ways of finding out if you have ever committed a criminal offence. 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 Canada Pardon service removes your criminal record from CPIC and APIS and it includes all the information you need to know to navigate U.S. 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.

7. How much does a U.S. Waiver cost?

We charge $519.75. (No Interest 3 Monthly Payment Plans Available) Price includes our Administration Fee (Includes Free Priority Service, Application and Document Processing, Application Tracking, ARO Update Requests, Email Updates, Express Courier Fees, Return Postage, Faxes, Photocopies and Document Certification Fees). Note: Does not include Court Record Searches which if necessary are normally $63.00 each. Note: There will be a $71.50 biometric fingerprinting fee charged by Alberta Fingerprinting Services, which will 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 $55.00 and $75.00, including the mail-in or electronic submission fee. Unfortunately, processing times for ink fingerprints are currently 6 to 8 months. Note: When your application is ready to be submitted to US Customs you will be required to pay a $585.00 (USD) United States Department of State filing fee (as of November 23rd, 2010). This fee is best paid with US cash or a major credit card. Note: If you were convicted of illegal drug possession, sexual assault, assault, theft over $1000 or any indictable offence(s) or crimes involving moral turpitude within the last 15 years, Homeland Security may require you to submit Certified Court and/or Police Records for each conviction at a cost of $63.00 per record, plus per-page Court Transcript Fees (if available), which are usually $1.25 per page. Note: If you have a Sexual Assault or Schedule 1 conviction we may also need to do a Privacy Act Information Requests for $252.00, and Homeland Security may require you to undergo a physical and psychological evaluation in Vancouver or Toronto, which costs up to $4000. (For more information on our Standard US Waiver application processing fee, please see our Fees page).

8. What other documents will I need to attached to my U.S. 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 before attaching them to your application. 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 offence(s) was, what type of counseling the person received, whether they've been pardoned, etc. Our staff will assemble all the necessary documents and deliver a completed U.S. Waiver application to the client to submit it at nearest U.S. 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 U.S. 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 when it comes to renewals.

9. How long does it take to process a U.S. Waiver application?

Due to delays in acquiring RCMP Certified Records from Ottawa, and Court and Police records, Waiver applications can now take up to 5 months to assemble, and another 6 to 10 months to process by Homeland Security, mostly due to delays in obtaining FBI background checks. Click Here for the Most Current Application Processing Times. Note: In rare circumstances a Port of Entry Parole Permit can be obtained from U.S. 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 $252.00 will apply, which is non-refundable.

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

No. People who have been convicted of only 1 Summary offence (not including a Possession of Narcotics offense) or who have DUI's, reckless driving and/or general assault 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.

11. If my charge was withdrawn or suspended, do I still need a U.S. Waiver?

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

12. Do you provide free information to people who are applying for a U.S. 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.

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

Unfortunately, POEP permits are now only granted (guaranteed) for 2 reasons; (1) Emergency Lifesaving Medical Treatment, and (2) to Attend a Funeral for an Immediate Family Member. At this time there are very few exceptions, and we don't recommend applying for any other reasons. Our fee to assemble a POEP application is $252.00.

14. Can you get me a maximum 5-year Waiver to start?

Unfortunately, since August of 2007, most first time Waiver applicants have been granted a 1-Year Waiver and recent Indictable and/or Trafficking offenders (with convictions less than 5 years ago) only get a 6 month Waiver. Also, renewal applications that have 1 or more Indictable or illicit drug offenses within the last 10 years, are usually only granted a 1 or 2 year Waiver the second time around. Note: We do not take on clients who we strongly feel will be denied a US Waiver.

15. Will I save some money if I start the process myself?

No, and in fact we no longer take on applicants who drop off or send in big piles of paperwork full of errors and omissions and outdated forms. Our process is very effective and efficient and too many problems occur when we step outside of that process.

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 denied by the ARO. To arrange for a refund please contact our office manager at: 780-473-7171.

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