Appeal

Brian19802706posted 4 years ago

Received denial from ARO. What are the chances of a successful appeal?

Replies (recent first):

@waiverless, Yes, a mischief charge with a sentence of Conditional Discharge is the most minor of a criminal record and especially with a sentence of C. Discharge. Mischief is the term used for something that is so minor, but technically "broke the law" I sometimes think it is only used to help with insurance claims. I call it the junk file..it is for things, like breaking a car window, scratching a car with a key, knocking a car mirror off, stealing gas from a farmer (back in the day), ect...

Michelle replied 4 years ago   #10

@waiverless "sodomy" is a law that was directed at having an excuse to persecute gay people. Michelle didn't point out that "mischief" was admissible, she pointed out that "mischief with a conditional discharge" was admissible.

I will sound self-serving if I defend myself, so I won't bother, but your criticism of Michelle is ridiculous. She is very honest, detail oriented, and gives a lot of free information. She is not a 'cheerleader' on here and has disagreed with me on certain issues. She gives her real opinion, and unlike most of us, has real experience working in government and has a unique knowledge of CPIC. She has also been vetted thoroughly by the RCMP (as have I) to get her fingerprinting certification. That's not just "she doesn't have a criminal record" that's credit records, which websites she goes to...the whole package.

We know NOTHING about you. And that's fine, but it makes you look less credible when you criticize someone who has a reputation, built over many years for honesty.

J Rogers replied 4 years ago   #9

@Michelle

You claim my charge is no big deal but why would a theft under make someone inadmissable? Sodomy for example has been legal in the US for some time, yet CBP still considers this a grave matter. Weed possession is no big deal, quite minor. Not for our neighbors though. Truth is, if you have a record.... whatever the outcome, your chances at getting hastled at the border are tripled.

Waiverless replied 4 years ago   #8

@waiverless, as I have stated many times on here in previous comments... A mischief conviction with a conditional discharge is of no concern to the USA, they would not deny you or make you apply for a waiver and the conditional discharge will be removed from your record 3 years from court date. And just for the hit you gave John and I..I am going to hit back...This information about a Conditional Discharge is easily accessible on the Parole Board of Canada or RCMP website and has been addressed many times...You are not stating anything new or providing any helpful information...in fact, sometimes I think people come on here to "brag" about some minor thing they were convicted of and make it seem that they have this big deal with US Customs and then offer a lot of useless or non-relevant information, thinking they are helping all the people who have bigger issues to deal with, and then they go on to "insult" the experts, because their issue is really nothing and US Customs could care less...just saying...and venting my frustration...

Michelle replied 4 years ago   #7

@waiverless I don't see any posts from you. Get fingerprinted and if its been 3 years the record will be erased. They will mail the results back to your home.

as for this:

"I do believe Ambassador contrary to people like J. Rogers or Michelle. After all, they are here to make a few dollars on people's back" I notice you came here looking for free advice. Now you have your free advice. No money made off your "back". What do we call it when you criticize people trying to work for a living, then ask for things for free? I assume the demonstration you attended was "having to work for a living".

J Rogers replied 4 years ago   #6

I crossed the border a few weeks ago with a conditional discharge. I posted before about it on this thread but it seems I was ignored. My only crime, you may ask? Participating in a demonstration a few years back, throw a few punches and broke something. I was charged with mischief under. The record, most probably, is not removed. I would need to hit up the authorities about it, from what I am reading, to actually expunge it.

I do believe Ambassador contrary to people like J. Rogers or Michelle. After all, they are here to make a few dollars on people's back. Everyone's experience is different. If you look "shady" to CBP, you will definitely be denied entry even though you never got arrested. Then again, Ambassador could be a scammer praying on the vulnerable.

I guess the best policy is to wipe out whatever you can before crossing the border. In my case, I didn't really have a choice, it was a business trip and I took a calculated risk. My only fear is the second time around, I'm likely toast. Luckily, I won't be returning for a while. With the proposed fee hike, I won't be able to afford a waiver either way.

Waiverless replied 4 years ago   #5

@JD Canada, I am throwing in my 2 cents, Sexual Assaults are virtually impossible to get a waiver for at the moment, and have been even before Trump got in..although it is worse now. The percentage of being granted a waiver for Sexual Assault is less then 1%....and it costs a lot of money..upwards of $5000..as you most likely will have to attend a panel review consultation with one of the few doctors selected by the USA. I will be honest..and sorry if anyone is offend...the only "sex" offense that you might get a waiver for is "touching an adult"..absolutely no minors, no relationships such as boyfriend - girlfriend with an age difference of more then 2 years, no sexual intercourse, no timeline is considered..it could be 40 years ago or last year..USA looks at it the same way...And if you get your waiver, there is a notation on it that you are a sex offender...(I will have to look at the exact wording and advise)....

Michelle replied 4 years ago   #4

@J Rogers

Hi John,

Do you mean that anyone whose offence is sexually based has no hope to get a waiver at all? Or is this only for Trump's government?

JDCanada replied 4 years ago   #3

I can usually tell by reading the letter they send you whether you will be successful (they issued a decision based on faulty conclusions) or you had no change to begin with.

I see many rejection letters (thank you to those who take the time to share with me that are not my clients) and I see about 1 per week. I learn so much more from these letters than I do from successful waivers.

Main problems:

1. Not enough time has elapsed
2. Lack of articulated responsibility
3.Lack of proof of rehabilitation
4. Sexually based offence

I hate to say this to all the people who hold out hope, but this administration is saying NO to EVERY waiver for sexually based offences....even if you had waivers granted in the past. Its a non starter. Take your $585 and do something else with it. ANYTHING sexual.

If you have trafficking of narcotics, get some help with your personal letter. It does not matter if Barak Obama gave you a waiver. These guys are DIFFERENT.

If you are using a company/lawyer for a waiver and you are writing your own personal letter...you are a sucker. Seriously. Its the most important element....why would you pay someone then HANDLE that part yourself?

Appeals can work but it is RARE. Why? Well to start, you send your appeal to the same people who rejected you first, then THEY forward it on. That means they have a chance to JUSTIFY their decision.

J Rogers replied 4 years ago   #2

@Brian19802706

May I ask what your charges were for that required you to need a waiver?

It's been my understanding that mounting an appeal is not worth the time nor expense ...but I suppose this would be based on what the specific factors of your specific case are... so perhaps a blanket response from a non waiver expert such as myself isn't worth much other than from what I've personally read in the past.

I've heard the typical route to go is to wait a year and try again. I'm sure Michelle and/or John Rogers who have a long history of experience with this stuff can advise you as to the most prudent action to take.

I wish you the best of luck with it however.

Adelaide replied 4 years ago   #1

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