Area of Law: Criminal Records
Answer Number: 2214
What criteria are used to decide whether a Waiver application will be approved?Region: Ontario Answer Number: 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.
If you have been charged with a criminal offence, refer to our criminal law section.
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