Handing in Waivers -Quarantine and timelines - Post here

J Rogersposted 2 years ago

Post real application stories here. Not "A guy told me" or "a few of my clients" but specific client experiences so others can see accurately what is happening.

[ J Rogers appended this reply on December 8, 2021 @ 5:00 pm ]

There are rare exceptions, but whether you file a waiver, or a waiver AND an I-212 you simply get a waiver in return. That's why I tell clients to wait. Its an extra $930USD for the exact same waiver.

[ J Rogers appended this reply on December 8, 2021 @ 5:01 pm ]

Sorry, that was meant for the response below

[ J Rogers appended this reply on April 28, 2022 @ 1:52 pm ]

Client #2 entered the United States illegally in 2010.

[ J Rogers appended this reply on January 26, 2024 @ 11:29 am ]

Sorry June 14th, not 16th.

Replies (recent first):

5 Year waiver
Hit and Run in California 2002

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/25/2024, 01:30 PM EDT : Status changed to Completed
6/21/2023, 07:01 PM EDT : Status changed to Submitted to ARO
6/12/2023, 09:50 PM EDT : Status changed to Paid
6/12/2023, 09:49 PM EDT : Status changed to Signed
5/17/2023, 01:37 PM EDT : Application Created

J Rogers replied 1 hour ago   #1721

I submitted mine in person so I don’t think there is a way for me to check on status. I did not to e safe.

Oliver replied 1 hour ago   #1720

I submitted my waiver application on Aug-11-2023, still waiting for my waiver. I hope as soon I will get my waiver.

SP replied 2 hours ago   #1719

@SlothDude I have a 10 year bar on me for overstay which expires March 2025. I turned my waiver in June 9th of 2023 and haven’t heard back yet.

Oliver replied 3 hours ago   #1718

@J Rogers I have a 10 year bar for overstay expiring in March 2028… maybe that’s why? 3 years only goes until 2027 though so I’m not sure why they did 3 instead of 4… maybe because 4 would go over when the bar expires?

SlothDude replied 4 hours ago   #1717

@SlothDude That is a VERY unusual Waiver path. 1 year followed by a 3 year waiver. Can you give us some general details? I think in the past 5 years I have had 2- 3 year waivers and 1-4 year. But NEVER after a 1. Curious about why.

J Rogers replied 5 hours ago   #1716

3 year waiver granted, already had a 1 year.

4/25/2024, 08:30 AM EDT : Status changed to Completed
8/28/2023, 06:06 PM EDT : Status changed to Submitted to ARO
8/27/2023, 11:18 AM EDT : Status changed to Paid
8/27/2023, 11:17 AM EDT : Status changed to Signed
8/7/2023, 10:04 AM EDT : Application Created

SlothDude replied 6 hours ago   #1715

5 YEAR WAIVER

ARO Decision
Please review the documents
Status History (5)
4/23/2024, 08:31 AM EDT : Status changed to Completed
8/28/2023, 09:07 AM EDT : Status changed to Submitted to ARO
8/25/2023, 11:03 AM EDT : Status changed to Paid
8/25/2023, 11:02 AM EDT : Status changed to Signed
8/8/2023, 10:10 AM EDT : Application Created

J Rogers replied 1 day ago   #1714

@J Rogers unfortunately I’m the rare occurrence. Stole less than $2000 from a previous employer and ended up with theft under indictable. Stupid things you do at 18. Live and learn (like learn to get a better lawyer from the start when you don’t understand the implications of summary vs indictable ) oh well. Waivers for life lol

Beex replied 1 day ago   #1713

@Just me Nothing is impossible. But I report of what I see. The problem with "experts" is they speculate, and I try not to do that, and base what I am telling everyone on things I have seen.

I hear a LOT of anecdotal stories. But I always want to see proof. What I like about this forum is the access to results I would not see. I do get waiver denials for example but It is rarely a surprise. The client was warned and then they get a denial. But I turn away a lot of waivers that WOULD be denied, because I am honest about what the person's chances are. In many cases they simply wait longer.

Here, I see a lot of people who should NOT have applied, and in some cases, that don't apply with a "strong" waiver. Seeing these results and the 4 page decision gives me RECENT insight into why waivers are being denied, and why they are being granted.

I don't see September Letters granted for Theft Under's. right now.

J Rogers replied 1 day ago   #1712

@Beex Your misunderstanding the code.

It is a hybrid offence YES, but that is for practical purposes. If you steal 20 items that are $3000 each, technically that is 20 counts of "theft under" but the crown would not treat that like stealing 20 chocolate bars. So 20 items of $3000 each WOULD be pursued as an indictable offence. But this is RARE. The Crown always tends to differentiate. Theft under - Summary Theft Over -Indictable.

Anal Sex is a great example. I have a client who was convicted of this offence in 1991. They did not think they would get a conviction for sexual assault, so they had him plead to "Anal intercourse" which was still technically illegal in 1991.

Why would anal sex be illegal? Well, it was meant to punish gay men of course. And although the Liberals THANKFULLY removed all those records and recognized it was a mistake, I still have waiver clients who were convicted of that offence or "indecent act" for having CONSENSUAL sex with someone of the same gender. The current Toronto Police Chief was apparently a BIG part of going after the gay community. But of course now he prefers to pretend about "justice" like when he let his true feelings be shown about Mr. Zameer.

Punishment for theft

334 Except where otherwise provided by law, every one who commits theft

(a) if the property stolen is a testamentary instrument or the value of what is stolen is more than $5,000, is guilty of

(i) an indictable offence and liable to imprisonment for a term of not more than 10 years, or

(ii) an offence punishable on summary conviction; or

(b) if the value of what is stolen is not more than $5,000, is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 334R.S., 1985, c. 27 (1st Supp.), s. 431994, c. 44, s. 202019, c. 25, s. 122

J Rogers replied 1 day ago   #1711

@J Rogers so it's IMPOSSIBLE to get September letter for "theft under $5000 is indictable in Canada. Section 334(b)(i) "?

Just me replied 1 day ago   #1710

@J Rogers theft under $5000 is indictable in Canada. Section 334(b)(i) - just an fyi ! (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

Beex replied 1 day ago   #1709

@hot shot I cut and pasted it, and the waiver actually DOES say 04/23/2024 but the date I cut and pasted has a typo. That interesting. Great catch.

@beex I never see Theft Under's get a September letter (that I can remember). Also it is NOT indictable, it would be a summary if it was in Canada. In his case it was in the USA so a misdemeanor, not a felony.

J Rogers replied 1 day ago   #1708

@dstriin

happy for you, So the law firm didn't have access to e-safe? some U.S law firm has access to e-safe and after the biometrics you and the firm will get notification through e-safe if there is any communication like more docs needed etc.. Please confirm. Thanks.

hotshot replied 2 days ago   #1707

I got my 2nd waiver today. It's a 5 year. I overstayed my TN visa in 2020 during the pandemic.

I did it through an immigration firm so I don't have access to the esafe portal myself but I submitted biometrics on August 27th.

dstriin replied 2 days ago   #1706

@J Rogers

is it april 23rd or 3rd?

4/3/2024, 12:30 PM EDT : Status changed to Completed
just checking. Thanks

hot shot replied 2 days ago   #1705

@J Rogers it’s wild that something this small doesn’t get a September letter. I assume you’ve never seen one for a single count of theft under $5000 (indictable)

Beex replied 2 days ago   #1704

5 year waiver

Shoplifting in 1989. Once. In Georgia. $30 watch.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/3/2024, 12:30 PM EDT : Status changed to Completed
8/27/2023, 01:03 AM EDT : Status changed to Submitted to ARO
7/12/2023, 07:43 PM EDT : Status changed to Paid
7/12/2023, 07:39 PM EDT : Status changed to Signed
7/6/2023, 09:59 AM EDT : Application Created

J Rogers replied 2 days ago   #1703

1-212 AND SEPTEMBER LETTER
Documents Shared With You
ARO Decision
Please review the documents
Status History (7)
4/22/2024, 03:30 PM EDT : Status changed to Completed
4/3/2024, 11:19 AM EDT : Status changed to Request for More Information Response
3/1/2024, 11:31 AM EST : Status changed to Request for More Information
7/5/2023, 04:31 PM EDT : Status changed to Submitted to ARO
6/27/2023, 04:20 PM EDT : Status changed to Paid
6/27/2023, 04:15 PM EDT : Status changed to Signed
6/21/2023, 04:19 PM EDT : Application Created

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/22/2024, 03:30 PM EDT : Status changed to Completed
3/27/2024, 03:33 PM EDT : Status changed to Submitted to ARO
3/25/2024, 05:12 PM EDT : Status changed to Paid
3/25/2024, 05:06 PM EDT : Status changed to Signed
3/25/2024, 04:37 PM EDT : Application Created

Client did a waiver, then was asked to do an I-212 as well.

2019-EXPEDITED REMOVAL
I was inadmissible to the United States under the provisions of section 212 (a) of the Immigration and Nationality Act. I was there on a TN visa and opened a company without U.S. government authorization.

J Rogers replied 2 days ago   #1702

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