Denied Entry to the US? How to Appeal

Many people traveling to the united States every year find themselves being denied entry to the US. Surprisingly, you may be denied entry to the United States for medical reasons or due to a criminal record – even if you have been admitted to the United States prior without any problems. US Denied Entry

How to appeal being denied entry to the US

If denied entry to the United States, the Board of Immigration Appeals will consider three things: the nature of your reason for seeking entry to the United States, the seriousness of your prior violations, if any, and the risk of harm to society of you are admitted. You can apply for a US Waiver of inadmissibility when you are denied entry, which is typically good for five years unless the immigration officer decides to make it less.

1. Canadians must obtain an RCMP certificate and court records detailing their criminal offences that are causing them to be denied entry to the United States.

2. Complete the two necessary immigration forms for the US Waiver: I-192 (Application for Advance Permission to Enter as a Nonimmigrant) and G-325A (Biographic Information).

3. Gather supporting documentation for your application for US Waivers: this includes information about your family, employment and assets (to prove your ties to Canada and that you intend to return) and if possible, three character references.

4. You may need to undergo a drug test and get a letter of clean record from your doctor if your criminal conviction is drug-related.

5. Visit the designated port of entry to apply for the US Waivers, which will be processed within 6 to 9 months.

Because of the lengthy processing time for US Waiver requests, it’s vital that you consult with an immigration lawyer long before you expect to travel to the United States.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.