How to Obtain a U.S. Waiver for Clients in Quebec

Introduction: As a criminal lawyer in Quebec, you may encounter clients who have a criminal record or have been deemed inadmissible to the United States. In such situations, they may need a U.S. waiver to overcome this inadmissibility and enter the United States legally. This blog post will guide you through the process of obtaining a U.S. waiver for your clients in Quebec, helping them navigate the complex procedures and requirements.

Step 1: Determine the Eligibility for a U.S. Waiver The first step in obtaining a U.S. waiver is to determine if your client is eligible. In general, clients who have been denied entry to the U.S. due to a criminal record, immigration violation, or other grounds of inadmissibility may qualify for a waiver. Consult the specific eligibility criteria on the U.S. Customs and Border Protection (CBP) website to assess your client’s case.

Step 2: Collect Supporting Documentation Gather all necessary supporting documents for the waiver application. These may include:

• Police records or court documents related to your client’s criminal historyProof of rehabilitation, such as completion of counseling or substance abuse programsLetters of reference from employers, community leaders, or other individuals who can attest to your client’s characterEvidence of ties to Canada, such as family, employment, or financial commitments

Step 3: Complete Form I-192, Application for Advance Permission to Enter as a Nonimmigrant Your client will need to complete Form I-192, which is available on the U.S. Citizenship and Immigration Services (USCIS) website. Ensure that the form is filled out accurately and comprehensively, as errors or omissions can lead to delays or denials.

Step 4: Submit the Application and Pay the Fee Once the Form I-192 and supporting documentation are compiled, submit the application to the designated U.S. port of entry, U.S. embassy or consulate, or the USCIS Vermont Service Center. There is a processing fee for the waiver application, which can be found on the USCIS website. Make sure to retain a copy of the submitted application for your records.

Step 5: Attend an Interview (if required) In some cases, your client may be required to attend an interview at a U.S. consulate or embassy. If this is the case, prepare your client for the interview by discussing potential questions and ensuring they have all necessary documentation.

Step 6: Wait for a Decision The processing time for U.S. waiver applications can vary, often taking several months. During this time, advise your client to avoid attempting to enter the U.S. without a waiver, as this can result in further inadmissibility issues.

Step 7: Receive the Waiver If the waiver application is approved, your client will receive a document granting them permission to enter the United States despite their inadmissibility. This waiver is typically valid for a specific period, after which your client may need to apply for a new waiver if they still require entry to the U.S.

Conclusion: Obtaining a U.S. waiver for your clients in Quebec can be a complex process. As a criminal lawyer, it is crucial to stay informed about the latest regulations and requirements to ensure a successful outcome for your clients. By following these steps and providing thorough guidance, you can help your clients overcome their inadmissibility and legally enter the United States.