Any update on I 192 process

Jordanposted 1 year ago

I applied for my I 192 renewal four months ago using e safe - online. Any idea what will happen to my application since I couldn't for fingerprinting within 45 days after filing my application online.


Replies (recent first):

@Jess E

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

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

J Rogers replied 9 months ago   #14

where can one find assist for this application or using esafe

Jess E replied 9 months ago   #13

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:

(C) Misrepresentation
(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.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

K SCOTT replied 10 months ago   #12


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.

J Rogers replied 10 months ago   #11

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.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

K SCOTT replied 10 months ago   #10

@John, what email did you receive the response from? Thanks!

Michelle replied 10 months ago   #9

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.

J Rogers replied 10 months ago   #8

Has anyone sent a trace email to the inquiry email address and have you received a response?

Michelle replied 10 months ago   #7

@roy I have had "essential" truck drivers given an informal extension on their waivers but nothing official. For those who only got 1 year waivers unfortunately, unless they do something when they open the border, you may be out of luck.

You never know, when they start taking waivers again they may do something for waivers that are just expiring. Don't forget, the official government line is that you CAN travel right now, just by air, not ground.

One of my clients was allowed to travel JUST because he has a girlfriend in the United States. They aren't being that strict, which is probably why Covid is still spreading.

J Rogers replied 10 months ago   #6

Hey guys I apply for a u. S waiver I got only one year I am so unlucky I did not get the chance to used it due to covid 19 but my waiver expired in April have to idea What to do can I ask for an extension.? Or apply for a new waiver. Please help

Roy replied 10 months ago   #5

e-SAFe is faster. Although I still do the majority of my waivers the regular way, there is no doubt e-SAFE is better.

-No paper going back and forth in itself makes the process faster
-Homeland Security doesn't have to "data enter" the information
-The waiver is sent by email, not regular mail.

At its fastest, 30-60 days is the best case scenario for paper. I have seen e-safe in 2 weeks.

Here is the perfect example of where Homeland Security is going with this.

At Pearson Airport they started taking all the eSAFE people first and lecturing the other people. At certain borders, they would "pretend" that they were too busy and send people away with packets, telling them they "only do electronic" filing.

There is no DOUBT e-safe is better, but I understand why it is hard to embrace change.

J Rogers replied 1 year ago   #4

@ Jordan we will research this issue next week and post our results here for you. This is another reason why we do not partake in esafe since the tried and true paper method has worked for us. Some lawyers push this saying your approval will be faster but this is no guarantee. An example is that we have a client that used esafe through a lawyer in Nov 2019 and his waiver case is stil pending.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 1 year ago   #3

@Jordan, I really can't help you, I am not familiar with any of the e-safe process, as it is not here in Saskatchewan, and to be honest, I am surprised that you were even able to apply. My advise is to phone the nearest Custom Office and ask them.

Michelle replied 1 year ago   #2


DId you pay as well? What does the application (online) say now?

Why did you start an application online in (July? August?) if the border wasn't open? Did someone advise you to do this?

J Rogers replied 1 year ago   #1

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