@ 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:

(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.
(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 Hence there would not be a misrep charge since the stsatement was immediately withdrawn.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.

Ken Scott
Senior U.S.Immigration Law Intelligence Analyst
Bachelor of Science In Criminology
www.usentrywaiverservices.com
888 908-3841
604 332-9213

@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?

@Ken

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.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
Bachelor of Science in Criminology
www.usentrywaiverservices.com
888 908-3841
604 332-9213
info@deniedentrytousa.com

@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 inquiry.waiver.aro@dhs.gov

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

where can one find assist for this application or using esafe

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
www.usentrywaiverservics.com
888 908-3841
604 332-9213

@Ken

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.

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

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

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.

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

@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.

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

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.

@ 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
www.sendittoken.com
www.usentrywaiverservices.com
888 908-3841
604 332-9213

@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.

@Jordan

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?