SEPTEMBER LETTER (SEE BELOW FOR DETAILS)

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
10/11/2024, 12:00 PM EDT : Status changed to Completed
10/30/2023, 03:09 PM EDT : Status changed to Submitted to ARO
9/28/2023, 04:13 PM EDT : Status changed to Paid
9/28/2023, 04:11 PM EDT : Status changed to Signed
9/26/2023, 10:01 AM EDT : Application Created

I will clarify why this guy got a September Letter. I cannot take all the credit because he has the right scenario to get one. I didn't MAKE this happen, I helped, but the situation was one where the elements were there.

First of all, notice the date, he went to the border 1 full year ago TODAY.

He has a Pardon.

-2007 ARMED ROBBERY (YOUTH COURT)
-2007 FAIL TO COMPLY WITH RECOGNIZANCE
-2008 FAIL TO COMPLY WITH RECOGNIZANCE
-2008 BREACH OF THE YOUTH CRIMINAL JUSTICE ACT

So serious conviction, but only 17 when he did this. All the others are adult convictions, stemming form this ONE conviction.

So technically, you could argue he was 17 when the "problem" happened, and the rest are just breaches as an adult arising from what he did as a kid.

I don’t think we got a single waiver approval from John Rogers this week. I feel like there’s been a substantial slow down…

@Wanderlust ok got it! congrats!

@The CHI possession of an illegal substance (weed) over a decade ago before it was legalized.

Question for those of you with a 1 year waiver - how many months do you recommend staying in the States? How many trips / how much duration is too much?

@Wanderlust Was it for misrepresentation as well? How long ago was the charge?

@The CHI It’s a 1 year waiver so won’t be long before I am back scouring this page. Good luck!!

@Oct2023

So why they didn't mention you have to wait certain time before you apply for a waiver. Each case is different right. If the bar is over anyone can apply for the waiver and it will be approved. We need the expertise to get the waiver before the bar is over. In my case 2 years is decent for a 5 year Bar with the proper rehabilitation. Have you not seen people got approved less than one year of application? Different circumstances right? Please explain. Article is nor education etc category. Thanks

First of all, I understand your frustration. You want to go to the US, you filed the proper paperwork, and now some guy is telling you it won't work. Frustrating.

1. The US has no interest in who will get the waiver or won't. Their goal is to have you APPLY, so they get you on file, get your info, get your prints.
2. The officers at the border really know LITTLE about who gets it or who doesn't. Their job is to catch you, and tell you to apply for a waiver.
3. The US doesn't care about you. If not a single Canadian filed a waiver, they would be thrilled.
4. If you could get a waiver, or even in Canada, a Pardon RIGHT AFTER you did something wrong.....then why would ANYONE be truthful? Why have an application at all? Just let everyone in. Time is the biggest consideration in these applications.

All applications are different. I learn more from people who contact me after being rejected than I do from successful waivers because I also get a 4 page explanation. That is what I am basing my "opinion on" not just what you see posted here. Not a week goes by where someone emails me their rejection letter to ask my opinion. These are waivers I did NOT do.

I am NOT always right. I have been wrong in both directions. I have gotten a September Letter for a client who I told would be lucky to have 1 year. (aggravated assault) I have been "pretty sure":someone would get a yes and they got a no. Sometimes these "wrong" estimates change what i say, but sometimes I realize they are an outlier and I don;t change what I say to people.

@J Rogers
So why they didn't mention you have to wait certain time before you apply for a waiver. Each case is different right. If the bar is over anyone can apply for the waiver and it will be approved. We need the expertise to get the waiver before the bar is over. In my case 2 years is decent for a 5 year Bar with the proper rehabilitation. Have you not seen people got approved less than one year of application? Different circumstances right? Please explain. Article is nor education etc category. Thanks

@Oct2023 ok, for the sake of people trying to follow, explain your logic.

You applied for a Waiver to "waiver" your "inadmissibility". You are inadmissible because of a misrepresentation. It happened about 2 years ago.

My opinion is you might not have waited long enough to be successful. I do actually hope I am wrong.

Explain why you think the article you posted might be relevant to you, since you are a Canadian living in Canada? Am I missing something?

it's for 212(a)(6)(c)(i) and 212(a)(9)(a)(iii)

@Oct2023 What you posted has NOTHING to do with a Waiver of inadmissibility

On June 18, President Biden announced an executive order aimed at streamlining the D-3 waiver process for foreign-born college graduates and DACA recipients. This move is part of the administration’s broader effort to make the immigration system more efficient and predictable, particularly for foreign graduates of U.S. colleges and universities who have job offers in fields related to their degrees. The executive order updates guidance for consular officers to expedite the waiver process and emphasizes the importance of these individuals to the U.S. workforce and economy.

What is the D-3 Waiver?
The D-3 waiver is a type of waiver of inadmissibility that allows certain undocumented immigrants, including DACA recipients, to obtain a temporary work visa. This waiver is crucial for DACA recipients who cannot adjust their status within the U.S. and must travel abroad to apply for a visa. The waiver helps these individuals re-enter the U.S. legally, allowing them to transition to work visas such as the H-1B visa.

Here’s how it might work in practice: Consider a scientist who is a DACA recipient working in a U.S. research lab. The lab agrees to sponsor the scientist for an H-1B visa. However, the scientist cannot adjust status directly within the U.S. Instead, they must travel to a U.S. consulate abroad to apply for the H-1B visa. At the consulate, they must disclose any periods of unlawful presence in the U.S. If the scientist had accrued unlawful presence as an adult, they would need to apply for a D-3 waiver to obtain the H-1B visa and re-enter the U.S. legally. Once the D-3 waiver is approved, the scientist can receive the H-1B visa stamp and return to the U.S. to continue their employment.

You said "misrepresentation" which is not covered in the article.

@Loisgh thanks so much

@J Rogers
https://www.boundless.com/blog/understanding-bidens-recent-updated-guidance-on-the-d-3-waiver/

It's all depends what category

@Oct2023 oh i misread … it may be too early. Reading what John said and it makes sense … i thought you’ve been waiting to hear back and it’s been 12 months. My initial application was denied due to it being too soon. I was at the 4 year mark.

5 years. first time waiver.
Denied a visa in 2005
Misrepresentation because he claimed he had never been to the US before. VERY common waiver I do.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
10/8/2024, 02:30 PM EDT : Status changed to Completed
12/4/2023, 01:38 PM EST : Status changed to Submitted to ARO
11/29/2023, 10:37 AM EST : Status changed to Paid
11/29/2023, 10:35 AM EST : Status changed to Signed
11/27/2023, 01:59 PM EST : Application Created

@The CHI
Praying for you !! It was over 20 years ago fraud under 5K and only community service and restitution was the sentence

@Oct2023 I hate to burst your bubble but that SEEMS too soon.

Everyone waiting. I have had a lot of calls, checked them all and they range from November to May. (When they went to the border). They are all over the place. If you have access to esafe and you checked it, then do yourself a favor and relax. Nothing you are doing or speculating on will change anything, and your putting your mental health in jeopardy. I See it in my clients.

If you did something wrong (it doesn't matter what it is) and you are less than 5 years, you have a chance of being denied. Less than 3 years and its hard to imagine they would say yes unless they decided you actually were NOT in the wrong.

Officers have guidelines. They cannot allow you to break the law/rules/whatever and in a short period of time grant a waiver. It defies common sense.

The waiver is GRANTED because ENOUGH TIME has elapsed to allow a change in character.

Remember. The US could not care less if a FOREIGER (that's what ALL OF US CANADIAN CITIZENS ARE) ever enter try to enter, or come to the US again.

There is an election coming and all the Republicans are saying is "Biden is letting everyone in". So Trump and his party HATE you. And are USING you for their political gain.

Remember that because Polievre is doing the EXACT same thing. If you vote for him remember how you feel being excluded and JUDGED based on being Canadian, and ask yourself...would I want to put others through this?

@Loisgh
Thank you, So took 7 months for a denial. I am at 12 Months +. Matter of waiting game with Good outcome then.

@Oct2023 good news is coming! don't give up