@Beu

[ Certified82 appended this reply on July 18, 2022 @ 9:02 pm ]

I did not ask the particulars of his case but I do k own It was a i-192. It was through e-safe as well. May I ask why you think it's not good news? I think it's great because he did receive his waiver! Thank you

Hi. That’s not a good news. Does he have a unique situation. Was it an I -212? Was it on Esafe? @Certified82

A friend of mine submitted on April 1st and got his 4th waiver a few days ago. So about 110 days for him.

@Shawn Kelly no we still waiting.. no update for the past 3 weeks 😢

Any recent good news stories of waivers being approved fast?

@Kombucha @BM thank you for the info. Every little bit helps, even just not to feel completely in the dark.

@Kombucha can I ask how long did they make you wait before sending you the denial? Vs. How long it took to send you the approval?

It's crazy that even though Hranka is the leading and most used the case for this, it still makes a huge difference to explicitly cite it vs just expecting them to apply it.

@J Rogers yeah my overstay was more than 5 years ago..

@candra1

If it stays consistent and under 80 days you should be fine.

May 8 + 80 days = July 28. Assuming it stays within those guidelines, notice the last waiver we saw was 74 days, so you still have a 6 day buffer.

You overstayed 3 years, but when did the overstay end? I hope more than 5 years ago?

May applicants any updates yet. It looks like they forgot about the may people smh.. I have an important event coming up on the 29 in usa but it looks like I will miss it. I applied in May 8 and still nothing. Just overstayed for 3 years no criminal record.

I will for sure update you guys once i receive it@Magnus

@Sophia

Lately I’ve been seeing on here that it’s taking 65-75 days for waivers to currently be approved.

It’s only been 45 days since May 30th so chances are you’re going to be waiting a little longer - possibly 2-3 more weeks.

Best of luck and please let us know on here when you finally get your waiver.

I had two waivers before 1st was for 6 months and 2nd for 5 years. At the time esafe did not exist and it only took 2 months for me to receive it. This time i applied to renew through esafe and it was on may 30th and still nothing im ready to cry

I was in a similar situation (not criminal or overstaying) and waited a year before applying. I got rejected with some really generic reasons but one of which was the whole recency thing. I then got a lawyer to do another application only four months after my rejection, so less than 1.5 years since being denied. My lawyer wrote a very detailed legal brief referencing caselaw relating to Hranka and I ended up with a 1 year waiver. Planning on doing my 2nd waiver, hopefully a 5 year waiver.
I think if your case has good grounds then you should reapply with a good immigration lawyer who does a lot of waivers.

[ Kombucha appended this reply on July 14, 2022 @ 8:33 pm ]

Wanna point out that I did the first waiver myself because I naively thought it was a slam dunk - the reason of the ban being fairly innocuous and that I have no criminal history.

Kat,

By the law governing these waivers (you can research “Matter of Hranka”), there is no requirement for a certain amount of time to pass.

However, the passage of time is still considered by the ARO. You can research “9 FAM 305.4-3(B) (U) Criteria for Waiver Recommendation”. Here it states that recency (among other things) is to be considered.

Best of luck. I hope you’re able to fix your situation. I’m also waiting to hear from the ARO.

@J Rogers Every lawyer except for 2 told me that I didn't have to wait. One said to wait a year, and one said to wait 3 months. I consulted about 10 lawyers in US and Canada.

I did ask if they are sure, and they said it depends on my ground of being banned - and with my situation it wasn't unreasonable to reapply right away (no overstays, no criminal record - they just thought I was trying to work or get married in US but had no evidence).

So I don't know, maybe they were all crooks, sure, it's possible. How long would you have suggested that I waited? And does the time spent waiting for this waiver, if denied, count towards "time served" when I reapply?

@KatM

Magnus is right. The problem is that if this JUST happened, why would the US give you access after JUST banning you? Makes no logical sense.

Why would a lawyer tell you 3 months? Because they told you something to give you hope...so you would try. Otherwise, no money. I hate to say this, but most lawyers really feel like you are paying them to TRY, not be successful. This lawyer either really doesn't know, so therefore should not be doing waivers, or really doesn't care, which is worse.

I would have told you to wait. I very much doubt you will get approved. When you get your response, if it is a no, they will critique all aspects of the application, but the real reason will be "not enough time has elapsed". Make sure you ask the lawyer at that point....if your are taking money for this service...should you not KNOW I would be rejected?

@Magnus 5 years. The lawyers I spoken to said there's no waiting time required, and one said I should wait a minimum of 3 months. I think it depends on the reason of the ban?

@KatM
My understanding is that one should wait until at least 5 years after a 10 year ban to even have a decent shot at getting approval for a waiver.

I don’t know how long your ban (how long btw?) is for but there’s a good chance you may be applying too soon after being banned. That would be my guess.

@Magnus 7 months ago. Applied 2 months after date of denial.

I don’t know that if they were planning on denying me, they would just do it right away and tell me to reapply later. Or if they are sadistic and will drag it out for a while and then deny me 😭

[ KatM appended this reply on July 14, 2022 @ 3:39 am ]

I’m in a FB group for just waivers and the lawyer there is saying it could take 6-8 months for Canadians. She handles mostly non-eSAFE waivers for people from south america however so I’m hoping her info isn’t too accurate for esafe…

@KatM

May I ask how long ago you got banned?

Forgive me if you’ve already stated that in the thread somewhere.

I’m just curious if not enough time has gone by since you were banned and that may be factoring into the equation here.