Have there been any waivers granted for someone who had undocumented presence over 180 days, resulting in a 10 year ban? No other convictions, not even a speeding ticket. Voluntarily moved to Canada without US immigration ever knowing. Only got the ban because I tried to apply for a visitor visa from Canada and was truthful about my time in the US.

I am 5 years through the 10 year ban after spending 10 or 11 years in the US undocumented. I got my Canadian citizenship last year and applied for the waiver in November, so hopefully will hear back around March. It seems like a lot of these waivers are for old crimes that resulted in inadmissibility in general, not a determined length of a ban.

Note one of these was granted 8 days ago, but the client just realized now. Both are re-applications. The bottom one had a 1 year waiver, now a 5.

5 year waiver

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Status History (5)
1/12/2023, 08:30 AM EST : Status changed to Completed
9/9/2022, 09:00 AM EDT : Status changed to Submitted to ARO
8/17/2022, 11:29 AM EDT : Status changed to Paid
8/17/2022, 11:28 AM EDT : Status changed to Signed
8/17/2022, 09:52 AM EDT : Application Created

5 year waiver

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Status History (5)
1/19/2023, 05:00 PM EST : Status changed to Completed
9/17/2022, 11:46 PM EDT : Status changed to Submitted to ARO
9/14/2022, 02:39 PM EDT : Status changed to Paid
9/14/2022, 02:38 PM EDT : Status changed to Signed
8/30/2022, 02:47 PM EDT : Application Created

5 YEAR WAIVER
MISREPRESENTATION in 2000 (fake visa) AND 2005 (someone else's passport)
Had a 1 year waiver, this is a re-application.

Status History (5)
1/19/2023, 09:30 AM EST : Status changed to Completed
9/17/2022, 11:46 PM EDT : Status changed to Submitted to ARO
9/8/2022, 03:53 PM EDT : Status changed to Paid
9/8/2022, 03:52 PM EDT : Status changed to Signed
9/8/2022, 10:00 AM EDT : Application Created

5 year waiver. He had a 1 year before the pandemic.
2010 Schedule II for the purpose of Trafficking.
2010 Possession of Property Obtained by Crime under $5000

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Status History (5)
1/19/2023, 11:00 AM EST : Status changed to Completed
9/17/2022, 11:46 PM EDT : Status changed to Submitted to ARO
8/26/2022, 02:21 PM EDT : Status changed to Paid
8/26/2022, 02:19 PM EDT : Status changed to Signed
8/26/2022, 10:46 AM EDT : Application Created

@Tiffany

Yes, more time will help absolutely.

@Kev great for you. I haven’t applied yet but I’m here almost every day because I’m hoping that someone would share a successful story similar to my situation.

@Tiffany I’m only at 30 days since I applied hopefully I won’t have these issues, but my case seem a slam dunk

@J Rogers sounds like a very difficult one. Do you think the client would be able to reapply at some points?

Not all the waivers I do are success stories. This client had a very difficult case. Sexual assault. 2012. 3 year sentence.

TRIGGER WARNING - Before you go forward, please remember, I am not making excuses, or minimizing this offence. I try my hardest for each client, I take their explanations at face value, and my intention is to help them. Trauma is real, and I truly believe that survivors of SA NEVER get real justice.

I also know there or people out there who have difficult situations, and I hope sharing this will give insight into the possibilities of getting, or not getting a waiver.

The case was problematic for 2 reasons.
1. The client insisted he was innocent. The victim was his ex-wife and he claimed she used this as fuel to get a divorce, because he had caught her having an affair. Just before she charged him, they had a huge fight about the proceeds of their house sale, where she wanted her "half" and he argued that this was basically an admission that they were going to end the marriage.
2. Even in jail, the client had insisted he was innocent. But after 2 years, they would not release him unless he took programs, admitted his guilt, and fully embraced rehabilitation. He took this because he wanted to see his kids, and also his mother from India was a widow and was suffering in Canada alone.

On the plus side
- He had tons of rehabilitation. I have never had a client who had so much paperwork with therapists notes, evaluations, and tons of documents saying that he was a low risk to re-offend.
-I wrote the letter and we hit all the right notes with insisting he was not guilty, but still expressing the fact that after he caught the wife having an affair, he was still bitter and unable to let it go, so he probably was not a very good husband after that
-The actual allegation of rape was centered around him having anal sex despite her reluctance, so although a sexual assault, it was not in the category of a violent sexual assault. Despite this, we expressed remorse, sympathy for victims of sexual assault, and an acknowledgement that SA survivors have lasting trauma.

The first time the client applied, he missed the response, so we went under the assumption he probably got rejected or 1 year. Instead of paying more money to re-open the case, it was cheaper to re-apply, and he only had to play the $585USD. I did not charge him to re-do the application.

The result? Partially "not enough time" but the adjudicator was more conflicted by the mixed message. "I didn't do it", but he was found guilty, and the appeal also failed, and he got a fairly big sentence. Also, his reluctance to accept responsibility for 2 years, coupled with him explaining he was only pleading guilty to get out of jail. Also, this tainted his participation in programs, because it looked less like he "learned" from it, and was just giving lip service. I obviously tried hard to explain that once he was in the programs, his perspective changed and he had a new understanding of what victims of SA go through and his own responsibility in the whole situation.

Sorry for the long post. I hope this gives people more insight into a difficult case.

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Status History (5)
1/19/2023, 08:00 AM EST : Status changed to Completed
5/12/2022, 08:30 AM EDT : Status changed to Submitted to ARO
5/5/2022, 05:01 PM EDT : Status changed to Paid
5/5/2022, 04:59 PM EDT : Status changed to Signed
4/19/2022, 01:50 PM EDT : Application Created

@J Rogers thank you.

@Orlando

When I say "normal" i really mean waivers that are granted in the average timeline, no need to ask for further information, no need to send it to a supervisor.

Excluded from "normal" would be anything where more documents are requested, or even an I-212. Also September Letters, and waivers that are sent to a supervisor or rejected. Also anyone asked to see a panel doctor.

@J Rogers what’s considered normal application in your experience? Is a ban easier to obtain a waiver for apposed to theft, fraud or a drug offense?

2 waivers, note the dates are September 14th and 17th that they went to the border, so for "normal" applications, they are about 115-121 days.
Both of these clients had 5 year waivers in the past.

5 YEAR WAIVER

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ARO Decision
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Status History (5)
1/18/2023, 10:00 AM EST : Status changed to Completed
9/17/2022, 11:46 PM EDT : Status changed to Submitted to ARO
8/22/2022, 06:27 PM EDT : Status changed to Paid
8/22/2022, 06:25 PM EDT : Status changed to Signed
8/10/2022, 01:16 PM EDT : Application Created

5 year waiver

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
1/18/2023, 10:30 AM EST : Status changed to Completed
9/14/2022, 02:31 PM EDT : Status changed to Submitted to ARO
9/1/2022, 04:53 PM EDT : Status changed to Paid
9/1/2022, 04:51 PM EDT : Status changed to Signed
9/1/2022, 09:37 AM EDT : Application Created

@Survivaldependsonit Hi Ken. The fact that you go through these lengths to actually create fake profiles to boost your own ego and defend yourself is absolutely shameful. The definition of fraud is you. Your behavior is absolutely criminal and the authorities have been made aware of your actions. Look at your face, your voice, the way you speak, and overall demeanor. You are a very ill person mentally and are beyond childlike in every sense. In one of your videos you actually eat and chomp down on a salad, during the video! This alone is beyond comprehension. Simply astounding. You're going down, and soon. Your entity doesn't exist, you have no office, and soon everyone will be aware of your past, present and future criminal actions.

@J Rogers loves Trudeau. Don’t trust him.

@J Rogers thank for the clarification that would be amazing, in my application my court record showed I was convicted under the youth division and I am cleared to enter DoD secret building from homeland so finger crossed

@kev

It is a letter saying "you do not need a waiver". It is the best possible result. It never has to be renewed.

@J Rogers sorry of my ignorance but what’s à September letter?

@Kev

If you have a single possession or trafficking and its over 10 years old, you should be fine. If you were convicted before you were 18 then that should be highlighted in your letter. You might get a September Letter.

@J Rogers in reference the previous 5 years waiver you posted with possession of marijuana was it the only conviction? Because myself it’s marijuana traffic when I was under 18 y/o 27 years ago that kinda worry me