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Just wondering if anyone has had any success in receiving their Waivers yet or renewals or any news at all from the ARO? Been over 9 months for me and the wait time seems very very long. I have applied for my second waiver. Has anyone else experienced waiting this long? I have sent a few enquiries and all I get is that my application was received and they are processing my request!
What I was asking was if one has a ten year ban (for example) and they get a waiver in their 9th year of the ban (for example) and get a TN visa or O1 visa (which are generally good for at least 3 years) would they still need to get waivers after that?
Say the waiver ends in year 10 but the visa is good until year 13 would that person still need waivers if they already have a visa that is already good for 3 years after the 10 year ban is over? … and then waivers going forward to keep getting the visas in the future?
There are exceptions to the rule, but in my experience "overstay" people have to continue to do waivers after their ban is up.
Remember, Ken is "selling" the concept that "if you use me i'll get you a September Letter" vs his real motive, which is to make you overpay for a regular waiver.
Before the pandemic, I would always give the same advice. "If your ban is up, and you think you do not need a waiver, go to the border, explain you are NOT trying to cross, and want to ask if you need a waiver." Homeland Security, despite peoples suspicions, will tell you that you do not need a waiver if that is true. Remember, Homeland Security cannot carry a profit or make a loss. They also do not want extra work. If you do not need a waiver, they will TELL you that.
There is no magic formula. There is also a reason why a guy who pitches "September Letters" had to leave Canada, and now only has a mailbox in Surrey.
As per your comment... " An example is that you have a 10-year ban for overstay. You will not need to keep doing waivers after you cover the 10 year period."
So you're saying just for an overstay after the ten year period expires then waivers are no longer needed?
Any other experts on here able to corroborate the veracity of this?
For some reason I thought I had read a few months ago on this site that waivers would be required even after the time period of a ban expires.
@ Karen this is not necessarily true since sometimes people do not have to keep doing waivers for life. It really depends on the situation. Also, we just did a You tube video on the subject of waiver renewals. CBP states that every waiver application is always a new application. They do not really like it if people feel that a waiver is a renewal. This is because a waiver is always adjudicated by a different officer. Each officer will render a decision as they see fit. This is why you hear the stories regarding people that have had waivers for years but suddenly got denied on a "renewal." An example is that you have a 10-year ban for overstay. You will not need to keep doing waivers after you cover the 10 year period. Now, this is if your offence is only an overstay.
@ Captain The wait time is not surprising since there are many factors that go into CBP adjudicating a waiver. Some offences will take longer to process. There are really very few straight across the board answers in these waiver cases. It just really depends on your case particulars. Also, people need to be aware that having a green card could make getting a USA family sponsorship much harder. This is written in the US immigration regulations. So getting a green card is not necessarily the answer. Also, people can lose their green cards because of criminality.
Senior U.S. Immigration Law Intelligence Analyst
If your truly inadmissible, and it seems you are since you have had multiple waivers then;
1. You need to keep doing waivers as long as you want to travel into the United States
2.Hope that there is legislative changes that make you admissible
3. Possibly get a greed card one day, but then you would have to move to the United States.
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