@Grenny1111 good luck!!

I had a pretty big case sentenced in 2014 when i was a minor , no case for 7 yrs then a discharge in 2023 (breach of probation for forgetting to give my new passport number in the same case). I just submitted my first waiver in april. Hopefully it’s gonna be approved. I CANNOT wait longer ! I used to spend my winter over there till they asked me secondary inspection.
Submitted at border april 26th 2024.
I’ve been a silent reader for a while.

@The CHI i got convicted in 2012 and 3 years probation was completed in 2016

@Loisgh your offences were in 2016 and probation was up in 2016??

@Loisgh ok thank you- sending positive vibes!! You will be ok :)

@The CHI i believe when discharge is up. Same thing happened to me. I had multiple offences in 2016. Completed probation in 2016. Applied in 2020 for a waiver and was denied due to severity of offences and not enough time to show rehabilitation. I was devastated. Reapplied in 2024 and hoping for a positive outcome.

@Michelle Thank you Michelle but when they say 5 years waiting time to apply- is that 5 years from the time the discharge is up (in my case Jan 2023) or from when the charge was handed down (Jan 2020)?

@Chi, sorry to see that your waiver was denied. Conditional Discharges can be tricky, because there is a great deal of confusion on how they work. Conditional Discharges remain on your criminal record for 3 years from the date of sentence, Period. It is not from date of probation, or done when probation is complete. So to keep it simple, an individual has a criminal record for 3 years, then it is automatically removed from CPIC by the RCMP at the 3 year date. Traveling to the USA during this time, can result in refusal, as technically you have a criminal record.

@Chi, if I understand right, you applied for a waiver, 9 months after your 3 year time-line, so in the eyes of USA, you applied for a waiver within 1 year of completion of your sentence.

Depending on your charge, USA will advise how long you will have to wait, in this case they advise 5 years.

When I have a client with a Conditional Discharge, I look at when the Conditional Discharge ended and then depending on the conviction, I will add time to when I think they will be able to apply for a waiver. I use the Pardon guidelines to help me with this.

I hope this helps others to understand Conditional Discharges.

@J Rogers when you say long record can you share some context around their charges?

@Ana thank you - I appreciate you

@appliedjuly22 @The CHI
It’s interesting to see who gets 1 vs. 5 year waivers.
I know a few folks in the exact same situation as me who applied with less time since their “incident” and got 5 years whereas I got 1 after waiting much longer to submit the app.
According to John - they assess your application holistically - the history as well as current situation - and determine whether THEY think you are likely to commit the crime again. I had a one-time offense as a teenager and am not likely to re-commit it though looking at my life and entire situation right now wasn’t convincing enough for them to give me 5 a year approval.
It honestly depends on person to person and each individual’s personal circumstances :(

There was honestly nothing I could do within my control to change what I wrote in my app besides lie which I was obviously not going to do! :-/

All you can really do is wait a bit longer and try again.

Wish you all the best @The CHI for the 2nd time around.

@Ana thank you for your thoughts

@J Rogers hahaha the “Deep State” is indeed trying to throw us off! Though I’m not complaining :) Let the responses fly in.

Gosh I’m so sorry to hear the news about your application @The CHI :(

@appliedjuly22 I appreciate the information! It is greatly appreciated :)

@The CHI my personal experience: back in 2012 I got some very bad legal advice from greedy lawyers and i applied for a waiver about 1 year after my plea sentence, and 2 years after my incident (drugs - misdemeanor). I of course got denied after close to a year of waiting. I tried again in 2019, 7 years later, and i got a 5-year waiver in 7 Weeks! I don't know about waiting "another 5 years" but certainly a couple years will help your cause.

@J Rogers In your opinion what is a reasonable amount of time to wait to reapply after a denial?

@J Rogers Got my response today- 1 year exactly to the date - Denial :( They said I didn't wait long enough to apply as I am not properly rehabilitated. What is a resonable amount of time to wait?? I waited 9 months from the time my 3 years probation was up so essentially 3 years and 9 months since conditional discharge. They said I should wait another 5 years before reapplying again. Is that normal??? What are your thoughts?

5 year waiver - reapplication.

10/18/2024, 11:30 AM EDT : Status changed to Completed
6/17/2024, 06:00 PM EDT : Status changed to Submitted to ARO
6/17/2024, 11:05 AM EDT : Status changed to Paid
6/17/2024, 11:03 AM EDT : Status changed to Signed
6/12/2024, 02:35 PM EDT : Application Created

Generally my clients who get a 1 year waiver are closer to not getting a waiver, or they feel like they don't want to give the person a longer waiver. In the clients case he has a long record and he was probably borderline 5/1 year. Unfortunately they gave him a 1, but he had been warned and was just happy he can go.

@J Rogers Why only 1 year? what was the situation?

1 year waiver - first time waiver

See what happens when people say conspiracy theories about them holding waivers? The "Deep State" grants a few to throw us off. 2 waivers before 10 am!

Kidding of course.

Documents Shared With You
ARO Decision
Please review the documents
Status History (5)
10/17/2024, 12:30 PM EDT : Status changed to Completed
11/3/2023, 10:07 AM EDT : Status changed to Submitted to ARO
10/31/2023, 01:55 PM EDT : Status changed to Paid
10/31/2023, 01:53 PM EDT : Status changed to Signed
10/12/2023, 02:53 PM EDT : Application Created