I‑192 Waivers of Inadmissibility for Canadians: How to Overcome a U.S. Entry Ban

Many Canadians are surprised to learn they’ve been deemed inadmissible to the U.S.—sometimes only discovering this when they try to cross the border.

Whether it’s a criminal conviction, past immigration violation, or even a misrepresentation to a border officer, inadmissibility means you can be refused entry, even for a short visit.

The good news? There is a legal solution: the I‑192 Waiver of Inadmissibility.

When Do Canadians Need a Waiver of Inadmissibility?

Even though Canadians don’t need a visa for short U.S. visits, they’re still subject to U.S. immigration laws.

You may need a waiver if you have:

- Criminal history: 

• Crimes involving moral turpitude (CIMT) such as theft, fraud, assault with intent 

• Controlled substance violations (even minor drug possession) 

• Multiple convictions with aggregate sentences of 5+ years

- Immigration violations: 

• Prior overstays or deportations 

• Working without authorization in the U.S. 

• Unlawful presence resulting in 3- or 10-year bars

- Misrepresentation: 

• Providing false information to a U.S. border officer 

• Misstating your purpose of entry (e.g., claiming to visit but intending to work) 

• Submitting fraudulent documents in a past visa application

- Health-related grounds: 

• Certain communicable diseases or a history of drug addiction

If you fall under any of these inadmissibility grounds, U.S. Customs and Border Protection (CBP) can refuse your entry.

What Is the I‑192 Waiver?

The I‑192 Waiver of Inadmissibility is a discretionary waiver that allows inadmissible Canadians to enter the U.S. temporarily for business, tourism, or other legitimate reasons.

The I-192 Waiver is tied to the class of admission you are seeking, so if you are a Canadian applying for a work permit (TN, L, E, etc.,) the waiver will be issued specifically for that type of permit. So, if apply and receive a waiver in order to enter the U.S. as a visitor, you will need to submit a separate application to enter under a different visa class. Lastly, the I-192 Waiver does not permanently erase the underlying issue, but, gives you advance permission to enter despite it.

How Long Is an I‑192 Waiver Valid?

- First-time waivers are usually granted for 1 year or less, depending on the inadmissibility ground, but can be issued for a maximum duration of 5 years

- Subsequent renewals are available, and the length can also vary, but up to 5 years max

- Once expired, you must reapply to maintain your ability to travel

How to Apply for an I‑192 Waiver

1. Confirm You’re Inadmissible

   A lawyer reviews your criminal and immigration history to confirm if you’re actually inadmissible or if an exception applies.

2. Gather Supporting Documents

   This usually includes:- Certified court documents for any past convictions- Proof of sentence completion and rehabilitation- Evidence of strong ties to Canada (employment, family, community involvement)- A detailed personal statement explaining circumstances and showing remorse- A valid Canadian passport

3. Submit Form I‑192

   Canadians can apply electronically through the CBP e-SAFE portal and then schedule an appointment at a designated U.S. port of entry.

4. Wait for Processing

   Processing times vary, but typically take 6–12 months.

5. Receive a Decision

   If approved, you’ll receive advance permission to enter for the waiver validity period.

   
   

Case Study: Misrepresentation at the Border

Amira, a Canadian visitor, told a U.S. border officer she was only coming for a “short vacation” but was actually planning to work remotely in the U.S. for several weeks. CBP discovered emails about her work plans and found her inadmissible for misrepresentation.

She was refused entry and told she would need a waiver to return.

We prepared her I‑192 waiver by:

- Writing a detailed personal statement acknowledging the mistake and clarifying her current plans

- Showing strong professional ties to Canada and no intention to violate U.S. immigration law again

- Including letters of support and evidence of rehabilitation of her credibility

Result? She received a 1-year waiver, which was later renewed for 5 years, allowing her to visit for legitimate purposes.

Common Mistakes with I‑192 Waivers

- Submitting incomplete or uncertified documents

- Not addressing every inadmissibility ground

- Writing a weak personal statement without demonstrating rehabilitation

- Applying when a waiver isn’t actually required

- Assuming a border officer will be “lenient” without proper documentation

Because waivers are discretionary, a poorly prepared application often leads to delays or denial.

How Is an I‑192 Waiver Different from Other Remedies?

- I‑192 Waiver: Temporary U.S. permission; must be renewed.

- Canadian criminal rehabilitation/pardon: Permanent removal of Canadian inadmissibility but doesn’t affect U.S. entry.

- U.S. immigrant waiver (I‑601): Used for immigrant visa cases, not short-term travel.

For many Canadians, the I‑192 is the fastest solution to regain the ability to travel.

Why Work with an Immigration Lawyer?

I‑192 waivers are not automatic approvals—CBP looks carefully at your past record, risk factors, and reasons for travel.

At Tchern McCallum Immigration Law, we:

• Confirm whether you truly need a waiver

• Collect and certify all required documents

• Draft a strong, persuasive waiver package

• Guide you through renewals to secure longer validity periods

We’ve helped countless Canadians overcome inadmissibility and restore their freedom to travel to the U.S.

Need to Travel but Inadmissible?

Don’t risk another border denial.

Contact Tchern McCallum Immigration Law today to start your I‑192 waiver application and travel confidently again.