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Hi all,
Would appreciate some advice on my current situation. Was crossing the border by car and unknowingly had a small bag of marijuana. Hired a lawyer and he submitted the i194 via E-SAFE on December 1 2022. In April 2023, the lawyer stated that the CBP still did not make a decision. Fast forward until now, and still no word from the CBP. I have yet to go to the border to get my fingerprints They were also done at the border the day the incident happened - not sure if you have to go get them again.
Is this situation possible? From reading on this forum it seems like it typically takes 4-5 months for the i194 to process.
Thank you
@shwiike If I am reading this correctly, this "incident" happened recently.
Which means the delay is because your probably going to be rejected. If its "old" and they are going to say "yes" its unlikely it would take this long, although it could be a "borderline" case.
When you carry drugs across the border, its an "importing" type charge although obviously the amount is crucial.
If this happened AFTER 2020, you are NOT going to get a waiver unless it was a TINY bag. Not now anyways.
Just for everyone in the forum:
If a lawyer tells you "yes lets apply" your next question SHOULD be "what will I get? Are YOU sure? Why?"
Lawyers DO NOT CARE if you get approved. Worse, lawyers generally do not DO waivers or very few. Or they pay me a fraction of what you paid THEM to do it properly.
In General.
Lets pretend I JUST got caught at the border. I had weed, or lied, or I am going to sell sex.
What is the "date of the infraction? TODAY. October 5 2023
If I could turn around and APPLY immediately and get a waiver...then WHY HAVE WAIVERS?
The biggest factors are always, IN ORDER
-time since incident/conviction
-how serious
-how many
THEN everything else.
Now don't get me wrong, the majority of companies would take your money just as fast as a lawyer will, they just charge far less.
It frustrates me that Homeland Security catches you, they say "go apply for a waiver", and make it seem like "yes, you will get it". they have NO CLUE.
Then the person hires someone, and doesn't ask "wait, they will give me a waiver RIGHT after they caught me?" How does that make sense?
If you could rob a bank, and then get the record sealed RIGHT after, we would ALL rob banks.
A waiver is granted on the basis your criminal record/infraction is old, and enough time and evidence has passed to indicate a "change of character."
I hope in your case I am wrong.
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