@Denis9981, I deleted my previous message, as I found the answers I was looking for...

Your current situation:

Most recent 5 year I-192 Waiver has been revoked due to an overstay on an I-94.
You received a 5 year ban - 1 year ago
You have now applied for a new I-192 and I-212.

The USA is going to take time to investigate your reasons for "needing" to be in the USA. They will not consider your "wants" to be in the USA this soon into a 5 year ban in my option. Owing companies is not going to make much difference to them, unless you employ several USA employees. If you have family living in the USA who are dependent on you as support, they will investigate that. I believe that you are looking at 60 to 90 days for a response.

@Michelle HI Michelle. Just wondering if you would be so kind as to provide your thoughts on my correspondence between John and I in this thread. Thanks so much.

A few more waivers that came in. All of these are 5 year waivers. Only one is a re-application. I am trying not to show too many to overwhelm the board, but I want everyone to see the current timelines for themselves. The last 2 are brothers who went over the 45 days (as you can see) and they called and were given until October 8th to get the fingerprints done at the border. One had a 1 year before through another company, and his brother was a first time applicant.

So paid on July 21, not fingerprinted until October 8th and the waiver 19 days later.

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Status History (5)
10/20/2021, 07:30 AM EDT : Status changed to Completed
9/30/2021, 12:00 PM EDT : Status changed to Submitted to ARO
9/16/2021, 03:53 PM EDT : Status changed to Paid
9/16/2021, 03:51 PM EDT : Status changed to Signed
9/2/2021, 09:31 AM EDT : Application Created

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Status History (5)
10/27/2021, 06:00 AM EDT : Status changed to Completed
10/11/2021, 12:30 PM EDT : Status changed to Submitted to ARO
10/6/2021, 10:55 AM EDT : Status changed to Paid
10/6/2021, 10:53 AM EDT : Status changed to Signed
9/23/2021, 10:36 AM EDT : Application Created

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Status History (5)
10/27/2021, 09:00 AM EDT : Status changed to Completed
10/8/2021, 11:00 AM EDT : Status changed to Submitted to ARO
7/21/2021, 11:26 AM EDT : Status changed to Paid
7/21/2021, 11:24 AM EDT : Status changed to Signed
7/21/2021, 09:18 AM EDT : Application Created

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Status History (5)
10/27/2021, 08:30 AM EDT : Status changed to Completed
10/8/2021, 11:00 AM EDT : Status changed to Submitted to ARO
7/21/2021, 05:10 PM EDT : Status changed to Paid
7/21/2021, 05:06 PM EDT : Status changed to Signed
7/15/2021, 01:58 PM EDT : Application Created

@Denis9981

Regardless of the purpose of the I-212, the most recent "action" of overstaying is going to make them "punish" you for a period of time. If you had a 10 year ban, then I would say that they would probably give you a waiver after 5 years. In my experience (remember, you do not have a typical situation) my thought process is that they will not turn around and give you another waiver when they had to punish you for overstaying.

The exception is if they do not think your overstay is that egregious. Then they might be lenient. (fingers crossed) Had you not gotten a 5 year ban, then I would be more hopeful.

From a business standpoint, I hope I am wrong. Unlike many more predictable cases, this one wouldn't surprise me either way.

Michelle? Based on what you are reading, what is you prediction? He has already applied, so no harm in giving your best guess.

@J Rogers I was just reading your last reply again. When you say "Applying before the 5 year ban is up (if I understood that correctly) is not going to work.", I'm a little confused by that statement for the following two reasons:

1) The entire purpose of the I-212 waiver is to reapply for admission to enter the United States before the period of inadmissibility (ban) has been reached. In my case, my bar is five years (for the overstay).

2) If I waited for the five year ban to be over, then I would not require the I-212 waiver at all. Any person who files an I-212 waiver application is doing so because they are seeking to enter the United Stated within their banned period.

Please note that I am no longer barred from entering the US as a result of my felony conviction for forgery, from 2008, which is why I require the I-192 waiver. I have received two separate I-192 waivers in the past, but the most recent was revoked due to my three month overstay, which is why I now need the I-212.

From what I understand, my overstay (the recent violation) should not affect my ability to obtain another I-192 waiver whatsoever. However, without the I-212 waiver alongside the I-192, the I-192 is useless.

If I'm missing something, please let me know. And, I'm still interested in that call.

Thanks,
Denis

@J Rogers Thank you for your response. I would be interested in having a phone conversation with you, and have no problem compensating you for 15 minutes of your time. If this is possible, please let me know. I'd like some other feedback on a few other matters.

@Denis9981

The two most recent denials I got were started in May and July and both were denied in late September. I had 1 denial that took about 60 days in the summer as well.

If you came into my office I would advise you to wait. Your spending $585 +$930 US on something that has little chance of succeeding, no matter WHO does the application. Applying before the 5 year ban is up (if I understood that correctly) is not going to work.

As for telling your own story the best, that depends. I can write a letter based on what Homeland Security wants to hear because I am not emotionally invested. Letters of denial tell me exactly what Homeland Security WANTS to see, and what they don't. The problem is you have people like me and Michelle, and then you have a LOT of awful "experts". I don't blame you for your view, based on your past experiences. When the airport was open, I would look at some applications people would show me and just shake my head. You have every right to be cautious.

Please let us know what happens and the timeline so others can learn and thank you for sharing.

@J Rogers I do waivers by myself because a) after spending thousands on "reputable" immigratiin attorneys who specialize in waivers, and after receiving two denials, I prepared the I-192 waiver myself two weeks after the last denial and was approved for a 5 year waiver. And b) nobody can tell your story better than yourself.

There are people (such as yourself) who have an enormous amount of experience and whom are highly knowledgeable in this area, and that's great; however, my questions are more about process and timelines as opposed to whether I've prepared my applications properly.

I appreciate your feedback and the valuable insight you provide to many on this forum. Decisions on applications for others have no impact on a decision made for me, as everyone's case is different.

I fully expect my I-212 application to be denied based on the fact that I'm applying so soon after being removed. I'm more interested in the timeline of it all based on your experience.

Any feedback you can share would be greatly appreciated.

Thanks again.

@Denis9981

This is a very difficult and complex waiver because of the fact you have a 5 year ban, and the fact you RECENTLY overstayed.

The reason you need a waiver is 1% of their consideration. 99% is what you did wrong and 1.) how recent 2.) how egregious

For all of you who do waivers by yourself, here is how little Homeland Security cares about "why" you need a waiver.
1. Your Canadian. Why would they CARE about hardship from a person who isn't even American?
2. A story.

I had a client who lived in Denver and was quite wealthy. He was convicted of an offence and deported. Just a fraud. Anyways, his wife and kids were American and stayed in Denver. His son joined the Army and was being deployed in a "hot" zone. He applied for the waiver, and while he was awaiting the result, tried an "Advance Parole" to see his son BEFORE he deployed. Just in case.

This request was seen as "frivolous". His son deployed. 3 weeks, later? Son DEAD. Waiver was denied.

So when you fill out an application, ask yourself "is this a bigger deal that my son being killed as an American Soldier?" If not, then realize WHY means very little.

@J Rogers So, with your experience, should my application be going towards a denial, it typically takes longer for them to make such a determination? Overall, the actual reasons as to why I even require both waivers are rather "frivolous", if that term can even be rationalized when it comes to immigration law. I was removed due to a 3-month overstay and was handed a 5 year ban. I own companies in both Canada and the USA, and my livelihood is heavily dependent on frequent travels to the US which I've evidenced in my waiver application. My overstay was due to an assumption that my I-94 was valid for a period of six months, as was the case with my prior 33 admissions to the USA. This time it was issued for 5 days, which didn't make much sense considering my return flight was booked for three months later. I understand that length of time since the removal weighs heavily on an approval, however, have you seen cases be approved without a considerable period of time between the removal and waiver application?

@Dennis if you were removed last year, I would assume they are going to deny your waiver. (without knowing the details of course this is just a guess) so the answer is going to take awhile. It will not be fast.

@Gerry65 I completed my biometrics at the Massena, NY port of entry.

@Dennis Where did u do your biometrics ?

[ Gerry65 appended this reply on October 25, 2021 @ 10:04 pm ]

@denis9981 Where did u do your biometrics

Hello,

On October 5th I completed my biometrics for both the I-192 Waiver and the I-212 Waiver:

As of right now, here are the statuses:

I-192 WAIVER:

10/5/2021, 07:30 PM MDT : Status changed to Submitted to ARO
10/2/2021, 03:03 PM MDT : Status changed to Paid
10/2/2021, 03:02 PM MDT : Status changed to Signed
4/14/2021, 07:13 AM MDT : Application Created

I-212 WAIVER:

10/5/2021, 07:30 PM MDT : Status changed to Submitted to ARO
10/2/2021, 07:03 PM MDT : Status changed to Paid
10/2/2021, 03:12 PM MDT : Status changed to Signed
4/14/2021, 11:52 AM MDT : Application Created

Please note, I have previously applied for the I-192 waiver through E-safe which took 10 days to get a 5 year approval. Last year I was "removed" from the US for an overstay which is why I now also need the I-212 waiver.

My question: It's been 20 days since "submitted to ARO". Will the process take longer because I require both waivers? Would they both be approved or denied at the same time, or are they completely separate from one another? Just curious if anyone has any experience with the submission of both waivers.

Thanks so much.

@Terri

They don't contact YOU. You contact THEM and make an appointment.

@J Rogers I live in BC and holding of on submitting my forms on esafe... it's all ready to go, but the borders are closed... in your opinion, when should I send it and will they contact me to get my biometrics done?

This is a client who had his waiver denied. Serious record.

I am posting it to give everyone an idea of a timeline. They asked him for additional documents, he replied, then today we have a decision. Notice June 21st fingerprinted at the border, and it took almost 3 months to gather documents needed.

After that, 29 days for an answer.

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ARO Decision
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ARO Decision
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Status History (7)
10/20/2021, 03:00 PM EDT : Status changed to Completed
9/21/2021, 03:18 PM EDT : Status changed to Request for More Information Response
6/30/2021, 03:35 PM EDT : Status changed to Request for More Information
6/21/2021, 10:01 AM EDT : Status changed to Submitted to ARO
6/14/2021, 04:29 PM EDT : Status changed to Paid
6/14/2021, 04:21 PM EDT : Status changed to Signed
6/14/2021, 03:23 PM EDT : Application Created

My most recent waivers, notice the last 3 are faster than the 20 days I had been seeing. Trend? 21 days, 17, 14, and 13 days. So these 4 seem to indicate its getting faster again.

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Status History (5)
10/18/2021, 10:00 AM EDT : Status changed to Completed
9/27/2021, 07:00 PM EDT : Status changed to Submitted to ARO
9/16/2021, 11:50 AM EDT : Status changed to Paid
9/16/2021, 11:49 AM EDT : Status changed to Signed
9/16/2021, 11:20 AM EDT : Application Created

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Status History (5)
10/18/2021, 02:00 PM EDT : Status changed to Completed
10/1/2021, 09:30 AM EDT : Status changed to Submitted to ARO
9/27/2021, 03:44 PM EDT : Status changed to Paid
9/27/2021, 03:42 PM EDT : Status changed to Signed
9/24/2021, 11:12 AM EDT : Application Created

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Status History (5)
10/19/2021, 12:30 PM EDT : Status changed to Completed
10/5/2021, 02:02 PM EDT : Status changed to Submitted to ARO
9/24/2021, 11:26 AM EDT : Status changed to Paid
9/24/2021, 11:24 AM EDT : Status changed to Signed
9/14/2021, 11:03 AM EDT : Application Created

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Status History (5)
10/19/2021, 03:30 PM EDT : Status changed to Completed
10/6/2021, 12:00 PM EDT : Status changed to Submitted to ARO
9/7/2021, 03:32 PM EDT : Status changed to Paid
9/2/2021, 03:50 PM EDT : Status changed to Signed
9/2/2021, 11:33 AM EDT : Application Created

SOME RECENT WAIVERS.

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Status History (5)
10/12/2021, 08:30 AM EDT : Status changed to Completed
9/21/2021, 11:00 AM EDT : Status changed to Submitted to ARO
9/17/2021, 11:00 AM EDT : Status changed to Paid
9/17/2021, 10:58 AM EDT : Status changed to Signed
9/8/2021, 03:16 PM EDT : Application Created

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Status History (5)
10/13/2021, 10:00 AM EDT : Status changed to Completed
9/22/2021, 01:00 PM EDT : Status changed to Submitted to ARO
9/16/2021, 02:17 PM EDT : Status changed to Paid
9/16/2021, 02:16 PM EDT : Status changed to Signed
9/1/2021, 03:16 PM EDT : Application Created

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Status History (5)
10/13/2021, 03:30 PM EDT : Status changed to Completed
9/27/2021, 11:30 AM EDT : Status changed to Submitted to ARO
9/20/2021, 04:01 PM EDT : Status changed to Paid
9/20/2021, 03:59 PM EDT : Status changed to Signed
9/20/2021, 11:18 AM EDT : Application Created

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Status History (5)
10/14/2021, 06:30 PM EDT : Status changed to Completed
9/16/2021, 05:00 PM EDT : Status changed to Submitted to ARO
9/14/2021, 09:32 AM EDT : Status changed to Paid
9/14/2021, 09:31 AM EDT : Status changed to Signed
9/7/2021, 02:17 PM EDT : Application Created

My most recent 5 year waivers, including the one I posted before it.

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Status History (5)
9/28/2021, 11:00 AM EDT : Status changed to Completed
9/15/2021, 12:00 PM EDT : Status changed to Submitted to ARO
9/13/2021, 05:00 PM EDT : Status changed to Paid
9/13/2021, 04:48 PM EDT : Status changed to Signed
9/8/2021, 02:12 PM EDT : Application Create

Completed
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Status History (5)
9/28/2021, 02:30 PM EDT : Status changed to Completed
9/8/2021, 12:00 PM EDT : Status changed to Submitted to ARO
8/30/2021, 04:58 PM EDT : Status changed to Paid
8/30/2021, 04:56 PM EDT : Status changed to Signed
8/26/2021, 01:39 PM EDT : Application Created

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Status History (5)
9/28/2021, 04:30 PM EDT : Status changed to Completed
9/9/2021, 12:30 PM EDT : Status changed to Submitted to ARO
9/7/2021, 04:28 PM EDT : Status changed to Paid
9/7/2021, 04:27 PM EDT : Status changed to Signed
9/1/2021, 02:04 PM EDT : Application Created

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Status History (5)
9/28/2021, 01:30 PM EDT : Status changed to Completed
9/14/2021, 07:30 PM EDT : Status changed to Submitted to ARO
9/7/2021, 03:50 PM EDT : Status changed to Paid
9/7/2021, 03:48 PM EDT : Status changed to Signed
8/30/2021, 04:40 PM EDT : Application Created