Area of Law: Criminal Records
Answer # 2217
How long are Waivers valid?Region: Ontario Answer # 2217
USA Entry Waivers are issued for periods ranging anywhere from six months to five years. The most common terms issued are for one year, three years, and five years. However, most Waivers allow the person to enter the USA on multiple occasions until the Waiver expires.
In cases where a person has submitted a Waiver application for an offence that is determined not to be a Crime Involving Moral Turpitude (CIMT) the Admissibility Review Office will issue a letter stating that a Waiver is not needed. Although this type of letter is not actually a Waiver, it is used like a Permanent Waiver because it does not expire, and because it will be needed to show to the Custom and Border Patrol Officers each time the person goes to the USA.
In cases where the crime is determined to be a CIMT, a Waiver may be issued. The length of time for which a Waiver will be valid depends on many factors, and includes the nature and number of offences, how long ago the offences were committed, the length of the criminal record, the individual’s personal situation, and whether the individual has been issued a Waiver in the past.
If you have been charged with a criminal offence, refer to our criminal law section.
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