How to Appeal Being Denied Entry to the United States

Canadians are denied entry to the United States every day. If you’re a Canadian citizen and have been denied entry to the United States, it may have been because you have a medical condition or a criminal record. These two factors create medical inadmissibility or criminal inadmissibility, which are two reasons the United States would deny someone entry. Denied entry from Canada

Appealing your denial of entry to the United States

A Canadian citizen is able to appeal being denied entry to the United States through the Board of Immigration Appeals. This will allow the United States to have a closer look at your situation and truly consider why you want to enter the United States, how serious your previous violations were if you have a criminal record, and if there is any risk to United States society if you were to enter the United States. To do so, you will apply for a US Waiver of inadmissibility.

How to apply for a United States waiver of inadmissibility (I-192)

1. If you have a criminal record, you must obtain an RCMP certificate and details about your criminal offence.

2. There are two forms to fill out, one that applies for a US waiver of inadmissibility (Form I-192 Application for Advance Permission to Enter as a Nonimmigrant) and one that provides information about you to the government (Form G-325A Biographic Information).

3. You will need to provide government with information to prove your ties to Canada (to show that you will have sufficient motivation to return to Canada at the end of your state) as well as up to three character references if applicable.

4. If your criminal conviction is drug related, you may need to visit your doctor and get a clearance certificate to show you have passed a drug test.

5. You will need to apply at the closest United States port of entry to submit your application for a US waiver of inadmissibility, and they can take up to 9 months to process your request.

It’s vital that you apply for a waiver of inadmissibility well in advance of your travel plans because of the lengthy processing times for this type of application. It’s also a great idea to have a licensed immigration lawyer review your application – a mistake or omission could result in your being denied and having to start the process all over again.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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