Area of Law: Criminal Records
Answer # 2212
When is someone eligible to apply for a Waiver?Region: Ontario Answer # 2212
Technically speaking, a person can apply for a USA Entry Waiver at any time. Practically, however, the chance of an application being successful will depend on several factors, one of which is how much time has passed since the crime was committed. The longer the time, the better the chance of being granted a Waiver.
That being said, it is recommended that individuals submit their application well in advance of the date they intend to visit the USA because the application review time at the Administration Review Office (ARO) varies and can take as long as one year or more. Also, there are several documents that must be submitted in addition to the application forms, and these documents, such as an RCMP Certified Criminal Record Report, can take several months to collect, adding more time to the process.
If you have been charged with a criminal offence, refer to our criminal law section.
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