U.S. Waiver – Some answers to your questions

En-tête de document du U.S. Customs and Border Protection

U.S. Waiver – Some answers to your questions

Here are the answers to the questions people frequently ask me to submit a waiver application to the U.S. Customs and Border Protection:

How long does the process of submitting a waiver application take?

Timescales vary constantly. Presently, it can take about 9 to 12 months before the U.S. authorities make a decision. The processing time is calculated from the date the application is received.

In addition to this period, we need to add a few months before sending the application to obtain the required documents and thoroughly prepare the file.

Globally, it takes between 12 and 18 months from the date you make an appointment with the retained lawyer to start preparing your waiver application until you receive the decision from the U.S. authorities.

What are the costs related to preparing a waiver application?

The answer to this question depends on many factors, such as the number of times you have been previously convicted and the number of documents requiring translation.

In addition to the professional fees of the lawyer who will prepare your file, you should also expect to pay the following costs:

  • fees for taking fingerprints and obtaining a copy of the criminal record (approximately $90);
  • fees charged for consulting criminal court records (usually less than $50);
  • fees charged by the courts for obtaining certified copies of relevant documentation (usually less than $50);
  • translation fees (usually several hundred dollars, depending on the number of documents requiring translation);
  • fees charged by the U.S. Customs and Border Protection for analyzing the application (US$1,100.00).

 
How long is a waiver valid?

A waiver is usually granted for one year or five years in the case of a first application. On renewal, it is usually granted for five years.

Should I retain the services of a lawyer to prepare my waiver application?

Yes! The U.S. Customs and Border Protection will thoroughly analyze your application to grant you a waiver.

So, who is best placed to ensure that your file is submitted impeccably? A lawyer, of course. As a legal professional, a lawyer will gather all the necessary information and documents, and proceed to the relevant drafting with appropriate legal terms for this procedure.

By entrusting the preparation of your application to a lawyer, you can be sure of sending a well-constructed file, which should increase your chances of obtaining your waiver.

IMPORTANT NOTICE: This article does not provide a complete review of the subject. It should not replace at any time the analysis made by a lawyer who has studied your file. Each case is different. Furthermore, the analysis made by a lawyer will take into account many other aspects which are not covered in this article.