Sgallagher@Rogers.Com

Here's an interesting situation:

My cousin's husband (a recently naturalized Canadian - originally from
Britain) isn't sure whether he's considered inadmissible to the US or
not.

About ten years ago, he was charged assaulting someone, and given a
three month suspended sentence and a fine. At that time, he was
allowed to enter the US as a visitor under what is referred to as the
Petty Offense Exception. Since this was prior to becoming a Canadian
citizen, he would complete an I-94W at the border, and whenever he
entered he would declare his criminal record, and he was admitted.
This went on for eight years without any problems.

Two years ago, he and his wife - my cousin, were taking a short trip
into the US, and at the border he was diverted into the immigration
desk to complete an I-94W. He didn't have his glasses with him, so he
asked his wife to answer the questions on the form for him. She was
unaware that he had to answer yes to the question of committing a
crime of moral turpitude, and so she answered "no", she then gave him
the form to sign, and he handed it the immigration officer. The
officer came back a moment later and asked him if he had a criminal
record, and he immediately answered "yes" and explained the whole
thing. The immigration officer asked why he didn't mention it on the
form, and they explained that he didn't have his glasses, so his wife
filled it in, and didn't know. The immgiration officer basically said
"You signed it.", and denied him entry. He was also fingerprinted
before being sent back across the bridge into Canada.

He has recently become a Canadian citizen, not that that would have
any bearing on his inadmissibility. However, as a Canadian it does
remove the requirement for him to apply for a visitor visa.

What he doesn't know is whether or not he is required to apply for an
inadmissibility waiver.

It would be understandible if he had tried to hide his conviction, but
he was always totally open about it, and even when he was asked on the
trip when they denied him entry, he didn't try to hide it. This
happened, simply because he left his glasses at home, and his wife
didn't know that she should have ticked "yes" on the immigration
form. Is he doomed to have to apply for waivers for the rest of his
life, or is there any way to get someone at immigration to realize
that this was a simple paperwork mistake?

Rete

Even as a Canadian citizen, he still has to disclose the offense. Canadians are not exempt disclosing criminal offenses committed while a citizen of another country. Now as for the inadmissibility, a lot depends on what his passport was stamped or if he didn't use a passport, what the paper stated. If he had been returned for having committed fraud then yes, he will need to apply for a waiver. He can do that, I believe, at one of the US Consulates in Canada. I also believe a one time waiver is all that is needed for future travels.

Sapphyre

Someone here might be able to give you an answer... However, it's
important to know the reason (under the INA) that he was denied.
Usually, as far as I know, any denials into the US will have a code
written in the refusee's passport or on a separate piece of paper with
the reason. After that, someone might be able to give you a definite
answer because we can look up the INA reference and tell you what it
says. Then you have your answer.

S.

On Sep 28, 7:30 pm, "sgallag...@rogers.com" <sgallag...@rogers.com>
wrote:
> Here's an interesting situation:
>
> My cousin's husband (a recently naturalized Canadian - originally from
> Britain) isn't sure whether he's considered inadmissible to the US or
> not.
>
> About ten years ago, he was charged assaulting someone, and given a
> three month suspended sentence and a fine. At that time, he was
> allowed to enter the US as a visitor under what is referred to as the
> Petty Offense Exception. Since this was prior to becoming a Canadian
> citizen, he would complete an I-94W at the border, and whenever he
> entered he would declare his criminal record, and he was admitted.
> This went on for eight years without any problems.
>
> Two years ago, he and his wife - my cousin, were taking a short trip
> into the US, and at the border he was diverted into the immigration
> desk to complete an I-94W. He didn't have his glasses with him, so he
> asked his wife to answer the questions on the form for him. She was
> unaware that he had to answer yes to the question of committing a
> crime of moral turpitude, and so she answered "no", she then gave him
> the form to sign, and he handed it the immigration officer. The
> officer came back a moment later and asked him if he had a criminal
> record, and he immediately answered "yes" and explained the whole
> thing. The immigration officer asked why he didn't mention it on the
> form, and they explained that he didn't have his glasses, so his wife
> filled it in, and didn't know. The immgiration officer basically said
> "You signed it.", and denied him entry. He was also fingerprinted
> before being sent back across the bridge into Canada.
>
> He has recently become a Canadian citizen, not that that would have
> any bearing on his inadmissibility. However, as a Canadian it does
> remove the requirement for him to apply for a visitor visa.
>
> What he doesn't know is whether or not he is required to apply for an
> inadmissibility waiver.
>
> It would be understandible if he had tried to hide his conviction, but
> he was always totally open about it, and even when he was asked on the
> trip when they denied him entry, he didn't try to hide it. This
> happened, simply because he left his glasses at home, and his wife
> didn't know that she should have ticked "yes" on the immigration
> form. Is he doomed to have to apply for waivers for the rest of his
> life, or is there any way to get someone at immigration to realize
> that this was a simple paperwork mistake?

Sgallagher@Rogers.Com

On Sep 30, 12:56 pm, Rete <member2...@nomx.expatforums.com> wrote:
> > Here's an interesting situation:
>
> > My cousin's husband (a recently naturalized Canadian - originally from
> > Britain) isn't sure whether he's considered inadmissible to the US or
> > not.
>
> > About ten years ago, he was charged assaulting someone, and given a
> > three month suspended sentence and a fine. At that time, he was
> > allowed to enter the US as a visitor under what is referred to as the
> > Petty Offense Exception. Since this was prior to becoming a Canadian
> > citizen, he would complete an I-94W at the border, and whenever he
> > entered he would declare his criminal record, and he was admitted.
> > This went on for eight years without any problems.
>
> > Two years ago, he and his wife - my cousin, were taking a short trip
> > into the US, and at the border he was diverted into the immigration
> > desk to complete an I-94W. He didn't have his glasses with him, so he
> > asked his wife to answer the questions on the form for him. She was
> > unaware that he had to answer yes to the question of committing a
> > crime of moral turpitude, and so she answered "no", she then gave him
> > the form to sign, and he handed it the immigration officer. The
> > officer came back a moment later and asked him if he had a criminal
> > record, and he immediately answered "yes" and explained the whole
> > thing. The immigration officer asked why he didn't mention it on the
> > form, and they explained that he didn't have his glasses, so his wife
> > filled it in, and didn't know. The immgiration officer basically said
> > "You signed it.", and denied him entry. He was also fingerprinted
> > before being sent back across the bridge into Canada.
>
> > He has recently become a Canadian citizen, not that that would have
> > any bearing on his inadmissibility. However, as a Canadian it does
> > remove the requirement for him to apply for a visitor visa.
>
> > What he doesn't know is whether or not he is required to apply for an
> > inadmissibility waiver.
>
> > It would be understandible if he had tried to hide his conviction, but
> > he was always totally open about it, and even when he was asked on the
> > trip when they denied him entry, he didn't try to hide it. This
> > happened, simply because he left his glasses at home, and his wife
> > didn't know that she should have ticked "yes" on the immigration
> > form. Is he doomed to have to apply for waivers for the rest of his
> > life, or is there any way to get someone at immigration to realize
> > that this was a simple paperwork mistake?
>
> Even as a Canadian citizen, he still has to disclose the offense.
> Canadians are not exempt disclosing criminal offenses committed while a
> citizen of another country.

Definitely. At one point he thought he would be in the clear because
he would entering with a Canadian passport. I told him not to try it
as he could be arrested, and his car could be confiscated.

> Now as for the inadmissibility, a lot
> depends on what his passport was stamped or if he didn't use a passport,
> what the paper stated. If he had been returned for having committed
> fraud then yes, he will need to apply for a waiver.

I'll have to ask him, what, if anything was stamped on the paper or
into his passport at that time.

The sad part is that for years he honestly declared his offense, every
time he went into the country, and they allowed him to ernter under
the petty offense exception. I believe that he was turned away
because his wife had filled in his I-94W and she didn't know that she
should have marked off yes to the question about having committed a
crime of moral turpitude. He didn't notice it because he didn't have
his glasses with him. In fact, when the immigration officer asked
him, at that point, he didn't even try to hide it, so it really was an
honest mistake.

Still, like you said, it depends on what grounds he was excluded, so
I'll have to ask him what paperwork they gave him.

> He can do that, I
> believe, at one of the US Consulates in Canada. I also believe a one
> time waiver is all that is needed for future travels.

>From everything I've been able to see, there are no one-time waivers
for non-immigrants. They seem to be issued for a year, and cost at a
time and cost $545 each time you file.