@J Rogers

Thanks for the response.

Does the fact that they allowed one to “withdraw your application” have any positive bearing on the adjudication process when one files a waiver?

I understand that being given the opportunity to withdraw an application is a privilege and not a right and not extended to everyone as it’s at the discretion of the CBP officer. This seems to suggest that there must be some sort of positive to being granted this privilege by CBP.

Thus I’m curious as to what effect this may have on how favorably or not one’s waiver application is viewed.

If

@Magnus My experience tells me the following. I did not look this up.

1. If you withdraw your application, you just leave, and are flagged.

2. If you do NOT, then they make a date with an immigration judge, to rule on your admission. I assume you would still be allowed to leave.

Would they hold a person until their hearing? I do not know for sure. If its a criminal record issue, I would say no.

If you are denied entry, it makes no sense to see a judge. Much much easier to do a waiver. Probably cheaper too.

If you’re detained at the border on a suspected immigration violation and they don’t let you through but give you the option of “withdrawing your application” is there any advantage to them giving you this privilege as it pertains to potential future border crossings?

I understand that not everyone is given this opportunity/option.

I post these waivers basically in the order I get them, then I skip a few, then I post more, just so everyone can see typical timelines.

Look at this fluke. A 1 year waiver, a September Letter, a 5 year waiver, and a 2 year waiver. All in a row.

My first 2 year waiver in YEARS by the way. A woman, ex postal carrier who took some mail in 2010 and one other minor offence before.

1 year waiver.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/28/2022, 06:30 AM EDT : Status changed to Completed
3/21/2022, 02:30 PM EDT : Status changed to Submitted to ARO
3/1/2022, 12:19 PM EST : Status changed to Paid
3/1/2022, 12:16 PM EST : Status changed to Signed
3/1/2022, 11:23 AM EST : Application Created
__________________________________________________
SEPTEMBER LETTER

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/28/2022, 11:30 AM EDT : Status changed to Completed
3/9/2022, 11:00 AM EST : Status changed to Submitted to ARO
2/25/2022, 03:41 PM EST : Status changed to Paid
2/25/2022, 03:38 PM EST : Status changed to Signed
1/26/2022, 11:14 AM EST : Application Created

________________________________________________________
5 year Waiver

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/28/2022, 01:30 PM EDT : Status changed to Completed
3/23/2022, 10:00 AM EDT : Status changed to Submitted to ARO
3/9/2022, 09:05 PM EST : Status changed to Paid
3/9/2022, 09:04 PM EST : Status changed to Signed
2/1/2022, 09:46 AM EST : Application Created

2 YEAR WAIVER
Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
5/3/2022, 01:32 PM EDT : Status changed to Completed
3/23/2022, 01:30 PM EDT : Status changed to Submitted to ARO
3/16/2022, 03:26 PM EDT : Status changed to Paid
3/16/2022, 03:23 PM EDT : Status changed to Signed
2/24/2022, 02:58 PM EST : Application Created

@Jay22 You misinterpreted my post.

Your LAWYER isn't slower. He just doesn't KNOW how long waivers typically take, which means your using an expert in law who doesn't have a lot of experience in recent waivers. When they don't know timelines, that is your first clue. I bet reading this forum means YOU know more about current waivers than HE does now.

MY waivers are NOT necessarily faster. Once they reach Homeland Security, the time they take to reach a decision has NOTHING to do with who prepares the application. I make mine problem free and make it easy for them to say "yes" but I have some clients who have complicated cases that take much longer.

You see the timelines. They are everywhere in this thread and others. Not just mine, but DIY posters, and Michelle. I am telling you what is TYPICAL. But the reason i post proof is so you can SEE for yourself.

@J Rogers What makes you say that your waivers are approved way faster? I thought the length of time it takes depends on the nature of your admission - so if you have a lot of criminal history then it takes way longer. Once they open my file, shouldn't it mean that they will take the same amount of time no matter who prepared the application?

[ Jay22 appended this reply on May 6, 2022 @ 5:25 am ]

Doesnt seem to make sense to me that they'll just decide to take 3 more months to ponder over my file just because someone else prepared it vs. you. I mean the checklist of documents is pretty standarized now and plus they'd let me know if anything's missing.

@TB555 It is hard to say. Misrepresentation can vary in severity. Even though this client was very happy, I actually was a little disappointed he didn't get a 5 year.

Hi J Rogers, thanks for sharing the timelines. I am looking to apply for my first waiver. I am inadmissible due to misrepresentation that happened back in 2009. I have no criminal history, clean record. What are the chances of getting 1yr waiver vs. 5yr waiver? I noticed someone in your last timeline got 1yr waiver so was wondering. Thanks.

Here are two recent waivers.
No criminal record in either case.
Both have never had a waiver before.

I'll explain about both because they are a study in contrasts. Both clients were THRILLED.

Client #1
This is a Misrepresentation. He lied on a his Green Card application and said he was not married because she didn't want to go to the United States. Misrepresentation was in 2007. 1 year waiver.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/28/2022, 06:30 AM EDT : Status changed to Completed
3/21/2022, 02:30 PM EDT : Status changed to Submitted to ARO
3/1/2022, 12:19 PM EST : Status changed to Paid
3/1/2022, 12:16 PM EST : Status changed to Signed
3/1/2022, 11:23 AM EST : Application Created
__________________________________________________

Client #2. I have had a few clients from Sri Lanka who went to Mexico, then crossed illegally into the United States. They were detained but before their hearing, they came to Canada.

Important to note with this client, he had the documents that proved when he came to Canada.

SEPTEMBER LETTER

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/28/2022, 11:30 AM EDT : Status changed to Completed
3/9/2022, 11:00 AM EST : Status changed to Submitted to ARO
2/25/2022, 03:41 PM EST : Status changed to Paid
2/25/2022, 03:38 PM EST : Status changed to Signed
1/26/2022, 11:14 AM EST : Application Created

@Jay22

If you look on this thread alone, you will see posted examples, literally over a 100 and less than 5% ever make it to 2 months, never mind even close to 6 months.

When someone tells me their lawyer says "2-6 months" I know IMMEDIATELTY that lawyer has done literally less than 5 waivers since May 2021.

Right now is the SLOWEST its been since May 2021. On Canada Day (July 1 2021) I had 3 clients go the the border. All three got their waivers 5 days later.

Look at this thread. Not just MY posts, but Michelle's, and people who did that on their own. The normal time is 30 days or LESS.

Here is a test. Here are MY last 4 waivers granted. Ask your lawyer for HIS last 4. I GUARANTEE he won't even be able to produce 4 from this month.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/12/2022, 09:30 PM EDT : Status changed to Completed
3/10/2022, 06:00 PM EST : Status changed to Submitted to ARO
3/4/2022, 03:23 PM EST : Status changed to Paid
3/4/2022, 03:21 PM EST : Status changed to Signed
3/3/2022, 01:21 PM EST : Application Created
_________________________________________________________

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/20/2022, 01:00 PM EDT : Status changed to Completed
3/17/2022, 01:00 PM EDT : Status changed to Submitted to ARO
3/14/2022, 04:16 PM EDT : Status changed to Paid
3/14/2022, 04:14 PM EDT : Status changed to Signed
3/14/2022, 09:54 AM EDT : Application Created
___________________________________________________________

1 year waiver –very recent immigration offence

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/22/2022, 12:30 PM EDT : Status changed to Completed
3/10/2022, 03:30 PM EST : Status changed to Submitted to ARO
3/7/2022, 09:26 PM EST : Status changed to Paid
3/7/2022, 09:23 PM EST : Status changed to Signed
3/7/2022, 10:57 AM EST : Application Created
_____________________________________________________________

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/25/2022, 02:00 PM EDT : Status changed to Completed
3/17/2022, 08:01 PM EDT : Status changed to Submitted to ARO
3/15/2022, 02:52 PM EDT : Status changed to Paid
3/15/2022, 02:47 PM EDT : Status changed to Signed
3/9/2022, 01:31 PM EST : Application Created

Post your lawyers here, lets compare. I guarantee I do more waivers in a month than he will do in an entire year, and I bet I do better work for a fraction of the cost. Lawyers are great at many things I am not even qualified to do. Waivers? They usually do a terrible job (with exceptions).

@LyndseyP I submitted biometrics on Mar 1st... no crim record no overstays (they thought I was going to take up employment,
negative phone search zero evidence and still 5 year ban...) and still haven't heard anything... been almost 2 months :'( I wonder how accurate is the info in a prev post that most waivers take 10-20 days... my lawyer told me 2-6+ months...

Thanks for all the Info…really appreciate it…if you have other recent timeline let us know!@J Rogers

@BobbyD

Assuming the sentence is minor for the Harrassing Calls, I think you are ok, but probably just a 1 year waiver.

You are not a slam dunk though, make sure your personal letter is full of details and contrition. Do NOT blame the victim.

J Roger what do you think about my conviction?
2002 steal +5k (18years old)
2017( harnessing call)
And is there enough time since 2017?

@LyndseyP
Jazzsax is correct.

Its possible that they could give you a September Letter. I am finding 21-30 days is actually typical right now.

Re-applications for this type of offence should include
-a personal letter taking FULL responsibility for the mistake, NO EXCUSES and the assurance that you "learned your lesson" and no longer use drugs of any kind
-A drug test (better than a letter in this case) showing NO marijuana

The rest of the usual stuff. That would be my "strategy", although it gets harder to get a September Letter the more times you get granted a waiver.

You do have the "raw materials" for a possible September Letter, but it is a stretch.

@jazzsax1 Thank you! Like I said, wishful thinking! I read somewhere someone had an experience where their waiver was taking longer than anticipated, with a very straightforward application/minor offence, only to their surprise, were issued September letter which was what was causing the delay. So I got to hopefully thinking maybe thats why mine is taking a bit longer!

I think once you have a waiver you're in the system so they wouldn't be giving you a September letter. The us still considers these COMT as far as I'm aware. John / Michelle could easily answer this.

September letter would usually be based on the charge and whether it's considered a COMT of falls under their rules or not.

@J Rogers

Hi, In your experience have September letters ever been issued for minor canibas offence years ago?

1 medical cannibas edible found in purse, accidentally left there going through land border crossing. Clean record, upstanding citizen, just forgot it was in purse and it was legal in Canada.

First waiver approved 5 years. Submitted reapplication and it’s been one month and still haven’t heard back. Border said it would take two weeks, but it’s now been one month. Circumstances havent changed, crystal clean record. I wonder what the hold up is? Is a September letter possible??Wishful thinking????

Thanks J Rogers….i was at the border on March 29….custom border agents told me that a lot of waiver was issued between 10-20 days…he was very kind and also hope me to have it on time for summer….

It’s my first waiver application….I’m nervous of the decision….my conviction is a thieft 5k and more in 2002. Some breech of condition in 2003. And my last conviction is for telephone harrasment in 2017. The thing is I don’t know if that last conviction is included in moral turpitude. And my rehab should be enough in my opinion( paramedic since 12 years, Married kids etc)
What do you think about it????@J Rogers

@BobbyD Here are two recent ones.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/12/2022, 09:30 PM EDT : Status changed to Completed
3/10/2022, 06:00 PM EST : Status changed to Submitted to ARO
3/4/2022, 03:23 PM EST : Status changed to Paid
3/4/2022, 03:21 PM EST : Status changed to Signed
3/3/2022, 01:21 PM EST : Application Created

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
4/20/2022, 01:00 PM EDT : Status changed to Completed
3/17/2022, 01:00 PM EDT : Status changed to Submitted to ARO
3/14/2022, 04:16 PM EDT : Status changed to Paid
3/14/2022, 04:14 PM EDT : Status changed to Signed
3/14/2022, 09:54 AM EDT : Application Created