WAIVER APPLICATION

Entry Waiver

It is illegal for anyone with a criminal record to enter the United States, unless you are an American citizen, you have Native American status, or you have been granted a United States entry waiver.

Some minor criminal charges such as drinking and driving may not prevent a person from entering the United States. However, the board officers have the discretion and authorization to restrict you at any time. Often criminal record checks reveal only that a charge was laid and says nothing about the nature of the offense committed. We therefore encourage you with such kinds of charges to bring your court records with you when crossing the border.

J Residence Waiver

The waiver program requires certain non-immigrants (J-1 status) who participate in the Exchange Visitor Program to depart from the United States and live in their country of residence for two years before they are allowed to change to a new nonimmigrant status, or to apply for an immigrant visa or permanent residence.

If you are subject to the waiver requirement before you can change to a new nonimmigration status, you may be eligible to apply for a waiver if you meet the following  conditions:

1.      Your spouse or child is a U.S. citizen or legal permanent resident and you can provide evidence that returning to your country would impose exceptional hardship on your family.

2.      You cannot return to your country because you would be subject to persecution because of your race, religion, or political opinion.

3.      A U.S. government agency requests a waiver for you because you are engaged in a project of official interest to the agency.

4.      Your country provides a written statement directly to the U.S. State Department stating that your country has no objection to a waiver. However, you are ineligible to receive a waiver on this ground if you came to the United States as a Fulbright Scholar or as an exchange visitor to receive graduate medical education or training.

5.   For certain physicians sponsored by the state office of public health and/or its equivalent.