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What criteria are used to decide whether a Waiver application will be approved?

Region: Ontario Answer # 2214

To determine the applicant’s eligibility for a USA Entry Waiver, a number of factors are weighed, and each decision is made on a case-by-case basis. The criteria used include the following:

  • the type of offences committed, that is , did the crimes involve moral turpitude, and, if so, what category of crimes were they
  • the seriousness of the offences committed (that is, did the prosecutor proceed by way of summary or indictment)
  • the number of offences committed
  • how recently the offences were committed (as opposed to when the case went to trial, which can often be years later)
  • whether the applicant completed the sentence imposed by the court (e.g. paid fines, completed probation or community service, attended a rehabilitation program)
  • the applicant’s personal history (e.g. does the person have a long criminal history or was it a single lapse in an otherwise clean record)
  • whether the applicant has demonstrated rehabilitation since the offence was committed (e.g. obtaining a Canadian Pardon or Record Suspension, completing a counselling or drug-rehabilitation program, if applicable)
  • whether the applicant has steady employment and enough money to support himself or herself while in the USA
  • whether the applicant has a stable home life and ties to the community
  • the reason or purpose for the applicant’s wanting to enter the USA, and
  • recommendations or supporting letters from prominent members of the community attesting to the individual’s good moral character, reputation, and behaviour.

Get help

To erase your Canadian criminal record, or to obtain a USA Entry Waiver, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, refer to our criminal law section.

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