Canadian now living in the UK

Rwsimbulanposted 3 years ago

I applied for an i94 last year and approved for a 1 year waiver... now it’s expired but currently living in the UK for work.

Does anyone know the process for applying in the UK?

Thank you

Replies (recent first):

Rwsimbulan, have you been able to do some research to advise further? Please let us know the requirements? Thanks!

Michelle replied 3 years ago   #15

@KenScott, I think that post speaks for itself.

You may want to carefully research Law School here in Canada. (unless you meant taking law in the UK). You first will need a University Degree (undergrad) before considering law school. Also remember graduates of law school are required to do a year of "articling" before they can practice.

The quality of work I have seen from you may make you more qualified to take a paralegal course. Your "experience" can be used to fast track the process and you could be a certified paralegal in less than 2 years. More your "level" and more practical if you want to continue to do waivers.

Sorry, what am I talking about? This will be like the other things you have "floated" on here, like expanding nationally, opening offices in the EU, setting up fingerprinting offices in Brampton....I almost forgot that this is actually your "wish board", not your "reality list". My mistake. Carry on.

J Rogers replied 3 years ago   #14

I do not know how the crime of DUI relates to a person asking where to file a waiver packet in the United Kingdom but I will give it a pass here. I am not going to beat a dead horse since the matter closed. I also agree that hopefully the gentle man has essentially discovered that he cannot file his waiver packet from the United Kingdom.

I had a discussion with my Surrey BC Manager (Rick) and have decided to withdraw my concession in regard to missing the word Canadian and stating it was an error on my part. Rick has reminded me about a case that we had in Jan 2019. We had an individual contact us regarding a border crossing issue and needing a waiver regarding an incident that occurred 30 years ago. He stated to us that he was Canadian during the initial call and that he could not cross the border. He came to the Burnaby office and we got the particulars of his situation. He wanted a waiver but was actually a Canadian Permanent Resident from Greece. Note that we are going to say Greece to protect his identity. We then went over the particulars of his case in regard to obtaining a waiver. We all then agreed that it might be best for him if he applied for waiver as a Canadian citizen. I referred him to my associate that is a licenced Canadian counsel and he is preparing his citizenship application. We will then apply for his waiver as a Canadian citizen since he has no desire to go through the U.S. Consulate on Pender Street in Vancouver.

Anyway, the point is that I was initially correct when I did my assessment and clarification as to what the gentleman posted in regard to me asking if he meant I-194 as opposed to I-94. Also not withstanding the further back up of it being an I-192 waiver that he applied for as an actual Canadian citizen.
I will agree with you John that paying attention to detail is critical in this industry. So, clarifying with him what he meant by Canadian and the form designation (I-94, I194), is actually part of the due diligence process that I actually engaged in. Hence, I actually made no error in this regard and rightfully withdraw my concession over stating that it was a missight that I took ownership of.

You automatically assumed that he was a Canadian citizen because he said Canadian and that indicates that you did not even pay attention to detail since you did not obtain the appropriate clarification as I did. This by itself indicates that you did not even follow your own guidelines in regard to paying attention to detail.

One of the things that was taught at the academy was that an officer has to properly articulate the case specifics in a police report and possibly at trial. This can be a critical part to successfully obtaining a conviction. These valuable skills transferred over and reversed are one of the things that are successful to obtaining a favourable determination in a waiver case. Hence, we use a number of these tools and more in our waiver cases.

The gentleman may indeed have meant that he was a Canadian citizen when he said Canadian, but it was not necessarily apparent by the heading in his post. We have also posted a link to a news story where even the media did not even clearly distinguish in their heading regarding the status of the individual in the news story. The heading says Canadian, but the subject is a Canadian Permanent Resident and Brazilian National. Feel free to read the story at the link below.

https://geneseesun.com/canadian-man-sentenced-for-smuggling-aliens-into-the-united-states

Btw some of my best thought are generated while flat in bed as I have awakened in the morning and has nothing to do with alcohol. This is actually when I develop many theories and techniques and my creative thoughts flow much more. This is also proven in science and feel free to check on the link.

https://phys.org/news/2005-05-creative-lying.html

I also do not understand how you claim that you can distinguish a sober post from an alcohol infused one when you could not even determine which designation of Canadian that the gentleman was that made the post. There are no alcohol infused posts but thank you for letting the members know that I have the ability to procure expensive and imported Pinot Grigio wine from Italy.

Btw I think the last time I spoke to you was when you was in your "back room office"(pre Covid) and your kids were literally crying and you had to quickly go.

[ KSCOTT appended this reply on June 30, 2020 @ 8:59 am ]

My issue John is that I lack humility and sometimes have a habit of being much more intelligent and experienced than my managers that I previously worked under when I worked for the system. I had a habit of pointing out correctly where their policies were fundamentally flawed and why they would not work. The long story short is that Indeed it got me called into the manager's office multiple times with my government union rep and they attempted to reprimand me. It never worked 99% of the time as I pointed out to them that their data used to reprimand me was factually incorrect...therefore a reprimand cannot be given using such incorrect data as it would render the reprimand moot.

Anyway me and my team have a similiar personality and we use these skills to win 98% of our caseload. So It is not a matter of wine but more so just the aforementioned personality traits that come up. So when I engage with you it is just my past essentially coming out again and again. Although not to give you a managerial designation. This is why I also have finally decided to attend law school next year and get my new designation upon successful passage of the bar.

KSCOTT replied 3 years ago   #13

@KenScott

While we all know not to drink and drive, some apparently have not learned to not "drink and post". I wish I was being sarcastic here, but since you have actually CALLED me on the phone while drunk, I can tell your sober posts, from your "wine infused" ones.

I won't clog up the board with nonsense. I hope the person with the question is able to extract some information they can use.

J Rogers replied 3 years ago   #12

Well you know John...I assumed that you could have answered his question and did not need to forward it to me.The answer is simple since I assumed that you knew that England is not geographically close(meaning next to) to Canada. I assumed that you knew Canadians cannot really file from the United Kingdom.

We have a Canadian guy in South Korea that had this problem and we told him that he had to file in Canada since South Korea is not geographically near Canada. We went over this same information with him and he got his prints done in Seoul and filed in Canada. I must apologize though because I keep forgetting that you do not have the volume and/or the variety of unique situations regarding these border cases....so would not likely have this info. I am truly sorry for that and please accept my apology.

Btw I merely presented some detailed info regarding I-94s, I-194s, fingerprinting in London and the process etc. I need to make you aware that the purpose of the forum is to share information. Yes I missed the Canadian part in the heading and checked with some staff members to get more info. This is part of doing research and I have the advantage of being surrounded by talent staff members. So what I missed it and owned up to it.

Sorry, but I respectfully do not need for you to give me an opportunity to do anything. I will contact you if my clients have questions related to utilities in Ontario since I am not qualified to be a Utilities Consultant as yourself. I do not require nor desire your assistance thank you.

I have repeatedly told you that you are free to discuss issues and even waiver material on the air with me and you refuse to comply. You do not have to be scared since I will be gentle, it will be a professional dialogue and everyone here can indeed listen at their pleasure. It is also not a nice thing to try and use this forum to obtain business since a lot of people come here for free help. We are not here as often since we are still way too busy even in this pandemic.

So Sorry I did not make it more simple for you to understand the things that you call rambling.

KSCOTT replied 3 years ago   #11

@KScott

So after your rambling sarcastic answer, which answered NOTHING, you finally READ what he had to say and come up with this?


I think I may have missed the Canadian part in the heading and that is my oversight and I own up to it. However, there is really not much else that he can do from the United Kingdom in his case

I was making the point that you obviously didn't carefully read what he asked. Then you went on to criticize ME, and do it again.

I gave you the opportunity to show your UK experience and help someone, and you replied at length showing a shocking inability to show attention to detail. Twice.

Expertise is important in this field, but attention to detail and LISTENING to the client, also very important.

Thank you for eventually getting to an answer....kind of.

J Rogers replied 3 years ago   #10

Jazzsax I do not know about a wine and Tequila mix lol.

Anyway, I ran this question by the administrator and Mr. Ben Archer since they handle this area. Mr. Ben Archer is from England and he gave me some helpful info. There is a 100% certainty that Mr. Rwsimbulan cannot file at the US Embassy in London since he is a Canadian.

Now there is way that he could get his waiver prints done in London since we have accompanied people to see the fingerprint guy before. The company literally just told me on the phone that the rules for Canadians not living in Canada have just changed a few days ago in regard to fingerprinting. Mr. Rwsimbulan can call 020 3291 1452 to discuss prints with them for a waiver. I was told that the tech may have to do pad and ink prints and Mr. Rwsimbulan then has to get them digitized by a Canadian fingerprint company. Apparently, this change is only a few days old. I also recommend that he bring and wear a mask.

The tech usually meets people at 68 Lombard Street in London to do the printing and there is really no parking around the location. Apparently, they may also be able to come Mr. Rwsimbulan to do the prints. Mr. Rwsimbulan may be able to prepare his own actual waiver case but should for sure get call the company for clarification on the prints.

The only hard part would be the submission process. The only border that he could had possibly attended was at CBP Preclearance in Dublin. Unfortunately, CBP came out with a memo the other day (about June 24) that says they are no longer taking waiver packets at preclearance locations so this will not work for him anyway. I also do not know if Mr. Rwsimbulan is under a Tier 1, Tier 2, or Tier 5 Visa since I don't know when he can get back to Canada to file. He can always call Dublin Preclearance and see what they say in regard to accepting the packet but do not hold your breath.

I think his best option is to maybe prepare his complete package now to include the RCMP prints and just hold onto it until he can get to Canada to file. Hopefully by that time they are taking waiver packets again. I think I may have missed the Canadian part in the heading and that is my oversight and I own up to it. However, there is really not much else that he can do from the United Kingdom in his case.

KSCOTT replied 3 years ago   #9

It's friday and I have wine and tequila and popcorn.

GO GO GO GO GO GO GO

:)

jazzsax1 replied 3 years ago   #8

Well yes John the question was clear and I again will explain briefly/ go over it so even you can understand. What I had asked was simple. Basically, I was asking him if he was a Canadian citizen temporarily living in England on a work visa and did he file for an I-192 waiver from Canada before he came to the UK. This is not really a tough question and he understood it. The waiver application part for non-Canadian citizens is included in the process for a B1/B2 visa for the people in Europe that do not qualify under ESTA. So if he is on a USA B1/B2 then everything is handled at the US Embassy in London in terms of a new waiver and longer B1/B2 visa.You have got to understand John that the UK is not geographically(physically) positioned next to Canada.

I would think that you would know what an actual I-94 document is in regards to the industry. Also, on the bottom of both pages of the I-192 waiver it does say I-194. So I will assume that he meant I-194 waiver when he said I-94. Also note that obtaining clarification sometimes has to be done in preparing these cases and client interaction.

Also John he never said that he was actually Canadian but I will assume that he is so. So the answer to your question John is that he cannot reapply from the UK since there is no facility that he can use as a Canadian to accomplish this goal. If you are in the waiver business John then you should already know that a Canadian citizen cannot apply for a US Entry waiver from a US Embassy or Consulate.

Also John please note that Canadian citizens are visa exempt and this is why they cannot file at an Embassy/Consulate. Obviously, you may not have been aware of this fact. We are aware because of the complex nature of the border cases that we work on in Canada and England.

I am also surprised that you did not answer his question by just simply telling him that he has to either attend a US Port of entry to file using the paper I-192 packet or attend a relevant US Port of Entry to give his fingerprints in regards to using esafe. I think you could have answered his question easily by clarifying where he obtained his first waiver and what status was he in.

So to provide even further clarification for you...(Assuming he is Canadian)...he has to wait until he gets back to Canada and see if the US Border has started accepting waiver applications or start doing esafe again.

[ KSCOTT appended this reply on June 26, 2020 @ 9:36 am ]

Btw the same process will apply for a Canadian Permanent Resident that is living in Canada and needs a waiver. An example is that an Indian citizen on Canadian PR status has a criminal conviction for bribing a Edmonton police officer. He needs to attend the US Consulate anyway to apply for a B-1/B-2 Visa. During the interview the counsulate officer will decide if he will qualify for the visa. The basic process is the officer will review the visa application file and then likely and essentially say:

- Yes and issue the visa within the office policy timeframe

- No you do not qualify due to a relevant area of inadmissibility but I will allow you to apply for a us waiver to overcome your
particular area of inadmissibility

- No you do not qualify for the visa and I will not allow you to apply for a waiver since there is no waiver available for your particular
area of inadmissibility

- No you do not qualify for the visa and I will not allow you to apply for a waiver since it is officer discretion and there is the door to
leave

- No since you are inadmissible under 214b

The officer could also say that they need more time to review the visa application. This is also another reason why it really pays
to understand what you are doing in regards to these cases.

KSCOTT replied 3 years ago   #7

Additional #2, this might have been more of a problem because my client was living in Mexico, and everything from Mexico is an issue for the USA. You might have better luck from the UK..again, I am only advising based on my experience. Thanks!

Michelle replied 3 years ago   #6

Additional: This was 10 years ago, and I am sure things have changed. Just not sure for the better or worse...I would assume the paperwork is the same, except that you would need to get a few additional documents from the UK. Good luck and please keep us posted on your process..

Michelle replied 3 years ago   #5

@Rwsimbulan, I had a client years ago who was a Canadian living in Mexico doing bible work. He applied for a waiver and to put it simple it was a nightmare for me. I will not do it again, Ken might have better luck and advise. US Customs made my client come back to Canada and then attend US Port of Entry from Canada. They would not let him attend a US Customs port of entry direct from Mexico to deliver his paperwork. I have absolutely no idea why, and he could not attend the Consulate as they do not accept I-192 waiver paperwork.. I have tried different Consulates for different circumstances, and they never accept I-192 - advising that this is handled by Customs and Border Protection, not them. I have had this happen at both Calgary and Vancouver Consulates. Based on my experience, I am going to say that you will have to come back to Canada and then deliver your paperwork to a US Port of Entry. So if you fly into Toronto, then stay overnight and delivery your paperwork there. I am interested to see what Ken says...

Michelle replied 3 years ago   #4

@Rwsimbulan

I am sorry Ken did not read your question. I will re-post it and hopefully he can give you a more direct answer, or simply say "I don't know".


I applied for an i94 last year and approved for a 1 year waiver... now it’s expired but currently living in the UK for work.

Does anyone know the process for applying in the UK?

Ken Scott? Do you know how a Canadian WITH A WAIVER can renew it from the UK?

J Rogers replied 3 years ago   #3

There are a few different factors at work here. An actual I-94 is the document that you sometimes get at a land border(depending on your location) that dictates the amount of time that you are allowed to stay in the USA. They also have electronic I-94s where you do not get an actual paper copy but it is maintained in the CBP database. These are then established as certain passport stamps.

I assume you are Canadian and mean that you applied for an I-192 waiver and got a 1 year one in Canada? If not, then are you a British citizen and you do not qualify for the visa waiver program and need a waiver based on a B-1/B-2 visa? This is all done at the Consulate/Embassy anyway.

There is also a process where a person can apply and may get an I-94 extended so that they can stay in the USA somewhat longer if approved. This does not necessarily have anything to do with waivers though. So just trying to clarify if you meant that you are Canadian and applied for an I-192 waiver in Canada and received only 1 year and then moved temporarily to England for work? If so, did you have a trafficking offence?

If you are Canadian living in England it will be difficult to file your waiver from England. This is whether you use the Esafe(which we don't believe in) or you file in person at a US Border in Canada. I spoke to the Pacific Hwy Border in Surrey BC about 2 weeks ago and they said that they are not accepting waiver applications right now anyway since they are deemed to not be an essential service.

Btw we also never really bring up waivers that accompany B-1/B-2 visas since it seems most people here do not have to file at a Consulate and likely have no interest in the subject.

KSCOTT replied 3 years ago   #2

I would assume this would be filed at the consulate, and also these instructions would be online.

I would ASSUME Ken Scott SHOULD know. But he has never really mentioned Waivers form the UK.

J Rogers replied 3 years ago   #1

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