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@magnus..thank u for sharing with us. As I stated..I would not be able to help u with a waiver as ur ban is under the 7 year mark of a 10 year ban. . John and Ken r much more familiar with this..speaking of them..I honestly have to say I never looked at a denied entry into the usa the same as a ban..I have always associated a denied just that..not really that serious..a ban i associate with Immigration reason and more serious..I think just from my experience.. anyway..please keep us posted on process and results u get..
@ Magnus yeah it sounds like you only have the 7A violation. I know for the fact that they likely did a sworn statement with you and they had you admit that perhaps you overstayed in the USA by 1 year of more. Hence, the 10-year ban. Btw, the book says that if you overstay more than 6 months but less than 1 year, you get a 3-year ban. The 1-year ban is something that is not set-in stone per se but is only an officer's order to stay away.
Also, you definitely will qualify to get your waiver approved if you have it ready for filing for when the border reopens. I suggest that you do your own case and save the money. You can always give me a shout and I can talk you through everything. I will not charge you a penny since you would be doing 100% of the work yourself. We can also do a screen share and go over some techniques and case law that would make your case a slam dunk.
There are a few things that will definitely make your case as strong as titanium. You seem like a good guy and I would hate for you to get bent over by a Discount Waiver Company. The big thing is hopefully you kept a copy of your sworn statement.
Think I will do that screen shot internet talk radio show episode tomorrow and go over the particulars with a case similar to yours. I am always around and available pretty much 7 days a week.
Senior U.S. Immigration Law Intelligence Analyst
[ K SCOTT appended this reply on February 13, 2021 @ 6:18 pm ]
Sorry, meant to say that you have the 2129B & 2127A violation. The 9B is the overstay and the 7A is the one where they feel you do not have the proper documentation and such. Also, this factors into the presumption of intending immigrant category. So yeah, they got you for 2129B & 2127A.
Sorry for the omission, I hold myself to a personal higher standard and always like to ensure that accuracy is unquestionably factored into my posts.
I have a 10 year ban and I've already done 6 1/2 years of it. They banned me at the airport when I was flying through Calgary. It's been pointed out to me that yyc is considered one of the worst places to fly through as one is dealing with redneck officers. I've flown out of Toronto and Winnipeg and Vancouver and have never encountered the level of disrespect I've received when flying through yyc. I've heard immigration lawyers in America tell clients to avoid yyc if they can so obviously yyc has a checkered reputation with their American CBP.
I was unable to prove that I had come back and forth across the border via car because oftentimes they don't swipe your passport at the land crossings. The CBP officer even owned up to the fact that they often don't enter your passport information into the computer at the land border crossings. He explicitly said that was a flaw in the system and it was something that pissed him off.
I even know of a person who, just a couple years ago, driving from Spokane, Washington to Alberta forgot her passport back in Spokane and was allowed to cross back and forth with just her (Washington State) driver's license. I guess some folks got it like that. Good old Alberta... land of the Proud Boys.
It's difficult to have confidence in a system that obviously is very flawed.
@Magnus They cannot hit you with misrep unless there is something in your sworn statement that could indicate this. I am assuming that you only have the 7A 5 yr ban? Also, yes, they will go through your entire immigration history and focus on anything that they consider is questionable. They will not necessarily come out and deny your case if they feel misrep. They have to find something that leads them to have what they call “reason to believe.” They will likely send out an RFE anyway if they have any questions. Be careful of where you get your info since some people have no clue of what they are talking about. We deal with a lot of former heavy traffickers, serious criminality offences, alien smuggling and much more in our Surrey B.C. Burnaby and Vancouver offices.
John does not have the training or knowledge regarding how to interpret and apply the basic principals of these cases. Filling out a form is fine, but you have to have a background in understanding the law and how to interpret properly apply the principals. A monkey can be trained to fill out a form, but you need someone that can demonstrate to you that they are competent to perform the task at hand. Most people can usually tell when they meet, he person or chat on the phone with them.
John despises anything to do with lawyers due to his inability to be seen on their level. I work with firms, I have no feelings of insecurity, and they share a lot of their techniques with us. I also have access to their manuals and techniques. I have a tendency to go by what the manuals say and use proven techniques of success. I do not dream and make fake claims of accreditation since most people from here and our clients only care if the job gets done or not.
I will say in your case that you can likely apply when the border has started accepting waiver packets again if more than 1 year has passed. Also, I also assume that you overstayed 1 year or more and did a sworn statement? Did you go through removal proceedings at the border or at an immigration court? You might be in a good position to save some money by only having to file for this waiver 1 time.
Our website clearly shows the types of cases that we deal with and win. The only that I can say to you is to make sure that your waiver provider knows what they are talking about. Also make them show you the principals in the actual regulations and manuals. This is what we do, and people seem to appreciate it.
Again, I think you have a good chance of saving some money in the future but do not use Batman to do your waiver.
Senior U.S. Immigration Law Intelligence Analyst
No, if they found you "untruthful" they would probably just deny your waiver.
I think April POSSIBLY for waivers. Just a guess.
Overstay, after about 5 years you should be ok to apply. (In the majority of cases)
Sorry I had mixed you up with the person who started the thread.
@Jordan any luck on the email inquiry?
Just to make it clear and for the record here I DO NOT have a misrepresentation charge it was just something I was curious about. I have an overstay and that is all... no criminal convictions and/or conduct on my part.
I have yet to apply for any waiver at this point.
Is it possible that in adjudicating a waiver they could slap a misrepresentation charge on you after the fact? For instance in the adjudication process they find something they deem as “misrepresentation” (not in one misrepresenting something in their waiver application but them retroactively going over your original charge of overstaying) and then slap that charge on you and deny your waiver?
Once again this is just something I’m curious about.
Having spent time in America let’s just say I’m not very trusting of how they operate as it is a country that spends a great deal of money and resources on “social control” (particularly for people of colour) and not like here in Canada where much more of our resources are spent on “social involvement”.
Btw anyone have any sort of inkling when waivers will start being accepted again and if more POEs will have eSAFE capabilities?
In addition I’d like to thank Michelle, Ken and John all for their respective efforts here in trying to keep us “lay persons” informed.
About 1/3 of the waivers i do here in Brampton are for things other than criminal records. Misrepresentation, smuggling and alien, tried to get asylum, overstaying.
Any ban can be overcome. Time helps significantly. 20 year bans are rare. When a person is denied entry to the United States, they are "technically" permanently banned. The waiver "waives" this ban for the duration of the waiver.
Michelle and I are usually trying to legitimately answer your questions. Ken sometimes does this, but sometimes he is trying to create a scenario where he "sells" a unique ability to do something others cannot, even though he is really doing the same thing. This causes confusion. (see long winded answer above which is less about helping you, and more about promoting HIM)
If you have misrepresentation, you need a waiver. You can get a waiver. Back to the main problem, you filed on eSafe but did not get to do biometrics. Did you get a response to the email?
@ Magnus Technically all relevant criminal convictions are a lifetime ban. A lifetime ban means that a person is technically inadmissible to the United States for the violation of a relevant criminal or immigration law or regulation. This also includes a person having to get a waiver for a RELEVANT conviction for the rest of their life. Hence, a waiver provider preparing a waiver for a B & E conviction for example, is technically preparing a waiver for a person that has a lifetime ban.
If this were not the case, then someone with a B & E conviction (or anyone with a relevant conviction) would not need a waiver to enter the USA. The term lifetime ban can definitely be a bit of a misnomer though.
Also, per 212(a)(6)(C) the term Misrepresentation means:
(i) In general
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has
sought to procure or has procured) a visa, other documentation, or admission into the United
States or other benefit provided under this chapter is inadmissible.
(ii) Falsely claiming citizenship
(I) In general
Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of
the United States for any purpose or benefit under this chapter (including section 1324a of this
title) or any other Federal or State law is inadmissible.
An example is that Jane Doe tells CBP at YVR that she is going to Vegas to visit her girlfriends for the weekend. She also has plans to meet up with Fabio to get married but hides this from the officer. He finds the text messages in her phone and she admits in a sworn statement that her true intent was to get married to Fabio, and the girlfriends are just the witnesses. Per the aforementioned statute, she "willfully misrepresented a material fact" by stating that she was only going to visit the girlfriends in Vegas.
However, there is a way to beat the 6C violation allegation by immediately withdrawing the stated answer to the specific question and doing other things mentioned. Hence there would not be a misrep charge since the stsatement was immediately withdrawn. This could possibly be based on a misunderstanding of the question. A lot of lawyers are actually not aware of this provision but it is in the regulations.
Anyway, she just violated 212(a)(6)(C)(i) and now has a lifetime ban. Luckily, she can still get a waiver but now she may or may not need an I-601 hardship waiver for sponsorship due to her violation. Btw this is also another reason why we try to see if the person will qualify for the September Letter aka lifetime clearance. If you apply for an unneeded waiver and get issued one, you could make it harder to get a green card through future family sponsorship. A lot of people do not factor these future things into the equation when they drop $599 at Batman’s Pardon & waivers.
However, let me show you how misrep can get tricky. A person making a false claim to USA citizenship (misrep under 212(a)(6)(C)(ii) ) is unquestionably violating the law and will receive a lifetime ban where they are technically not even allowed to be issue a waiver.... except under extremely limited circumstances. A lot of people do not realize this and end up getting screwed. Again, there are a few limited areas that we can use to possibly fix this problem.
Also, we have gotten waivers for people that have had the 5,10- & 20-year bans. You do not necessarily have to wait for the ban to end if you know how to properly document and present the case. However, it is always best to wait at least 1 year to do a waiver for the 5-year bans and others. If not, then you run the risk of CBP denying the waiver since they will likely state that there has not been sufficient time passed to show rehabilitation. There are also special things that should be shown in these cases to denote rehabilitation.
Now, let me tell you what some crooked lawyers and discount waiver companies will do. Also, for the moment, lets assume that COVID-19 does not exist at this time. Let us say that Jane Doe got a 5-year ban on Feb 12, 2021 because CBP thought that she was moving to Cali to live with her boyfriend. Note that this could be a 7A or 6C violation. Jane goes to a DWC or crooked lawyer on March 12, 2021, and they file for her waiver. The case goes to maybe Jan 2022, and she gets her denial letter in the mail or ESAFE. The letter will essentially state that she did not wait enough time to show rehabilitation and is denied. Essentially, she filed too early, and some waiver providers will file the case anyway since it is still income in their pocket.
Unfortunately, Jane is out of $930usd and maybe $1500 or so to prepare the case.
I have training examples of this happening to a client that tried to do it himself and got denied. Also, ones where people used an incompetent/crooked lawyer or DWC.
There is also a process where you could "technically" get a 5-, 10- or 20-year ban lifted by CBP without a waiver. This is extremely difficult to do but we have done it before in the past. You have to essentially show that the ban was issued in error.
It is also a bit of misnomer for people that get the 5-year bans for misrep(212(a)(6)(C)(i) violation). Specifically, you will still need a waiver after the 5-year ban since Misrep is still a lifetime ban. However, you will not need a waiver after the 5 years if the 5-year ban is only under the "intending immigrant/immigrant without a visa category(212(a)(7)(A)(i)(I) violation).
Also, you likely will not need a waiver after the 10 year ban if you only have a 212(a)(7)(A)(i)(I) violation. There are also ways to document that a person has not been deemed to have overstayed. Hence no waiver needed, and the person can save some money.
You raise some great points here, and I will do a talk radio show episode on your question. Btw I like and admire the fact that you and HATS BOOTS both have intellectually challenging questions. I also wish to clarily that none of this is legal advice but just facts that are covered in the manuals and regulations.
Senior U.S.Immigration Law Intelligence Analyst
Bachelor of Science In Criminology
@Magnus, I would not attempt to do a waiver for a person who has a 20 year ban or a lifetime. I have done waivers successfully, for individuals who received 1 or 5 year bans. My policy is to wait until the ban timeline has been completed or at the minimum 3 months before time is up. This is my own policy to which I feel comfortable with. Bans are usually issued for some type of Immigration violation, and I do not have enough experience with the various Immigration laws in the USA to attempt a waiver while a ban is in place. John or Ken may have a different approach.
Just a question I'm curious about here...one of the posts from K Scott states "However, yes Misrepresentation is indeed a permanent ban and he will definitely need a waiver."
From this one can gather that one needs a waiver for misrepresentation but if it's a permanent ban and makes you inadmissible forever is there actually a waiver to overcome this? My understanding was that if you have a misrepresentation charge that you're screwed for life and that there's no waiver in existence that can help you. One simply will never be admitted to America again waiver or not. Am I correct in this understanding?
Can one of the experts here touch on this further?
This guy wants to get what he paid for.
Be aware that you may not even need a waiver and this is irregardless as to whether you use esafe or not.
is not what he wants. He wants answers to "what happened to the application/money I paid?"
Do you have any contacts he can call? You claim to have so many people you know at Homeland Security. Prove it. Can you help him?
@Jess You can also contact us regarding your case if you have any questions. Be aware that you may not even need a waiver and this is irregardless as to whether you use esafe or not. We do tend to specialize in complex waiver cases and this may be applicable to yours as well. We also provide a lot of free info on our website, internet talk radio show episodes, and youtube videos.
We do get a large number of people here on this forum that contact us since we have the specialized knowledge, tools, and resources in resolving all USA border crossing issues. This includes other areas besides US Entry Waivers. Also, a number of forum members are now members of our affiliates program.
Senior U.S. Immigration Law Intelligence Analyst
Bachelor of Science in Criminology
Feel free to call myself or Michelle. You can reach me at 905-459-9669.
If you want to contact Homeland Security you can try email@example.com
Homeland Security at the Rainbow Bridge took another package from a client of mine on Sunday at 11 am. This is their number. 716-284-5174 ext 324
Well, I asked for clarification and you provided it. Hence that part of the matter has already been asked and you provided the answer. However, yes Misrepresentation is indeed a permanent ban and he will definitely need a waiver. The immigration code for Misrepresentation states:
(i) In general
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.s
He must have made a documented false statement somewhere in the process in order for him to be charged with Misrep. I say this because a person can still enter as a visitor but later apply for Asylum since conditions can change back home while they are in the USA. We have had cases where people came from India as a visitor and applied for asylum. They get denied and then get immigration to Canada. Some of these people are only deemed to have overstayed. However, sometimes these people use fake passports or fake names to either enter the USA and/or on asylum applications. I am thinking that this must be the case with your gentleman.
We get these cases all the time in Surrey since we have the largest Indian population outside of India. Also, my grandfather is from Chandigarh and I am indeed aware of things in regards to the culture. You are indeed correct that this is a large issue in the community though.
Senior U.S. Immigration Law Intelligence Analyst
He isn't an overstay. It's a misrepresentation. Again, a VERY common waiver application I get. A person comes to the US as a "visitor" but in reality is trying to gain asylum, or residency in either the US or Canada. He also admitted in an interview he "visited" for the purpose of gaining entry into Canada.
Remember, I have said 1/3 of my waiver clients have nothing to do with a criminal record. Brampton has a large population of people from South Asia, and in the 80's and 90's many people fled to North America. Just ask for clarification next time, I could have saved you all the typing.
We contacted DHS on a similar case last month. A gentleman applied for his waiver himself using esafe around Oct 2019 and never received a reply. We contacted DHS to get a status update and are still waiting for a reply.
@ John Also, what does this statement mean "He entered the US many years ago for the purpose of entering Canada. They only "caught" him in December 2020. So no criminal record, it is an "immigration" offence. (I do a lot of these being in Brampton)" ? You cannot enter the USA for the purpose of entering Canada. Not trying to troll but this statement is not logical. Now, are you saying that the gentleman overstayed?
He may not even need a waiver if his only offence was an overstay and enough time has passed in his case. He would need one if he had other specific immigration violations or possibly had a RELEVANT criminal conviction that has made him inadmissible. The point is that not all overstay cases even require a waiver since there is a policy in the US immigration manuals that can be argued that a person has been deemed to not have overstayed based on a certain provision. I know because we have used this provision before and the person did not need a waiver.
The US immigration code says that there is a 10-year ban if you overstay 1 year or more. There is also a 3-year ban if you overstay more than 6 months but less than a year. So a person that has a 3-year overstay has a 10-year ban to enter the USA. He does not need a waiver after the 10-year ban unless he has another relevant offence. The 10-year ban can be erased with filing the proper waiver and indicating why the client should be approved. We have documented this provision and the other one for some people that showed it to the guards at the border that mistakenly thought that they needed a waiver. They came back and said that the guard cleared them in the computer. Hence, the client saved a lot of money by not filing an unneeded waiver that an Ontario waiver company tried to force down his throat.
Senior U.S. Immigration Law Intelligence Analyst
Here is some related info.
A truck driver was referred to me because he was having trouble with e-safe. I didn't do his waiver, his friend did, but they ran into an issue with missing documentation.
See the information I cut and pasted with his permission.
1/28/2021, 10:01 AM EST : Status changed to Request for More Information Response
1/25/2021, 07:00 AM EST : Status changed to Request for More Information
1/11/2021, 05:30 PM EST : Status changed to Submitted to ARO
1/9/2021, 04:27 PM EST : Status changed to Paid
1/9/2021, 04:23 PM EST : Status changed to Signed
1/9/2021, 01:47 PM EST : Application Created
So it is clear that up to this point, they accepted the money, and even responded. We uploaded the missing information today.
He is a truck driver, deemed essential who was denied entry while brining a load into the States. He entered the US many years ago for the purpose of entering Canada. They only "caught" him in December 2020. So no criminal record, it is an "immigration" offence. (I do a lot of these being in Brampton)
I will update his results when I know more information.
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