How are Waivers Adjudicated/calculated? WAIVER MATH

J Rogersposted 5 months ago

I have been busier than ever with waivers. I have even had to hire more staff. This is a good thing for business, but its also given me a broader perspective on who is getting the waiver, and why.

Rejection letters give us our best insight into WHY a waiver is turned down. This applies mainly to people with criminal records, which make up about 2/3 of my clients.

The Amount of Convictions----the span of the convictions (first to last) ----- the Seriousness of the conviction (sentences). These are the three main negatives

This needs to be offset by the amount of years SINCE the last conviction, and this can be bolstered by rehabilitation

Example. A client had 20 convictions over a 15 year span. He had waited 7 years to apply. When the rejections letter came, it highlighted these numbers and said it was 5.2 years (they added the sentence) and this was "insufficient" to overcome the other numbers.

Example A client has 2 convictions for drugs in the United States with 2 concurrent 6 year sentences. He waited 9 years. The letter stated 9 years was an "instant" application and that it did not overcome his "12 years of combined sentences".

These are just 2 simple examples, but they provide another useful tool when you are calculating the odds/chances of getting a waiver.

Replies (recent first):

Ok so definitely counselling / therapist is helpful.

Thanks,

jazzsax1 replied 3 months ago   #14

@Glimp

Anything where you can get documentation proving you did it. Helping people, talking to youth, sitting with a counselor, talking to a therapist, attending meetings, all are effective. Even something where you are doing session via zoom or on the phone are fine.
Again, having proof is the first thing to be sure of.

Everyone is restricted by where you live, and working around your schedule etc. but if you look around, you will find no shortage of resources that can give you something in writing.

J Rogers replied 3 months ago   #13

@J Rogers for someone who was charged and had a sentence for drug trafficking, what programs or suggestions would you give in terms to prove rehabilitation?

Thank you

Glimp replied 3 months ago   #12

@jazzsax1

In the rejection letter, they say "no sign of targeted counselling or rehabilitation". So anger management, drugs, etc all have programs that sometimes are court mandated, and sometimes people just take the programs. The problem with "white collar" crimes are that it is difficult to take counselling, unless maybe its due to drugs or gambling.

So rehabilitation is always "weak" although Michelle has found a pardon can actually be seen as a show of rehabilitation in some cases.

J Rogers replied 3 months ago   #11

On that denial, what do they mean by "no rehabilitation" ?

Charge and restitution was similar to mine, but a few years earlier (except he had another charge later).

What do they consider to be steps taken towards rehabilitation?

jazzsax1 replied 4 months ago   #10

Waiver denied. Bit of a surprise actually.

2011 Fraud Over $5000 -2 years less a day and restitution
2014 Theft Over $5000 - 75 days and Restitution

The restitution was large, over $100 000 but he had proof he paid about half of it.

No rehabilitation, and also they claim not enough remorse, even though they quote the letter as "I realize now this was not a victimless crime, and what I did was wrong".

Very very borderline, but I am shocked he was not granted the waiver. I told him we will try again later in the year when a FULL 8 years would have passed.

So I like to post about when I am right, and it is only fair I point out that in this case, I was wrong.

J Rogers replied 4 months ago   #9

@Magnus

You just to a normal greed card application. At some point they will see you are inadmissible and ask you to also do an I-601 IMMIGRANT waiver.

J Rogers replied 4 months ago   #8

@J Rogers
As always thank you for the reply. Much appreciated.

How would one go about being allowed to stay in the US if married to a US citizen who lives in America full time if one needs a waiver for a previous overstay?

What is involved in that process?

Magnus replied 4 months ago   #7

@Magnus
You do the waiver as normal but go hard to the hoop on proof of where you live and work. Obviously be honest on the forms as to who you are married to and where they live but do NOT make the waiver centered around that being the reason you are applying. No reference letters from the US. Everything Canadian.

Applications like I-601 are all about the hardship, but not waivers. I would even emphasize the fact your a happy Canadian happy to live in Canada.

Your already a walking red flag because you have a good reason to overstay.

J Rogers replied 4 months ago   #6

Just a quick question.

If one needs a waiver due to an overstay but that person married (legit long term relationship not a “sham” marriage) an American citizen who resides in America how does this all work?

Magnus replied 4 months ago   #5

Not sure I'm liking what I'm seeing here. LOL.

My conviction is roughly 7 years ago. Lots of rehabilitation since, and then the anomaly's that we mentioned (not in CPIC, but I might be in the system somewhere).

The fact that the results seem to change every 6 month with homever at DHS is running this is annoying as crap.

jazzsax1 replied 5 months ago   #4

@John, your information and insight is 100% as always and your advise is very good. I just received a denial letter, for a fraud charge, very recent, however, we had lots of rehabilitation documents including an employment letter from same organization they committed the offense. (this was a domestic violence - client was victim, and was basically forced to commit fraud to keep herself and kids safe). .showed protection orders, police files of violence, letters from shelters, and counselors, restitution has been paid back in full. Client wants to go to USA for documented medical procedure offered at the Mayo clinic. USA ignored all domestic violence information, ignored the employment letter showing that they are aware of client's charges, and kept their employment anyway. The denial letter focused on "not enough rehabilitation and not enough time has passed." We are going to appeal, but you know how that goes.

Michelle replied 5 months ago   #3

@Turdo I would say waiting 5 years after sentence gives you a "chance", but certainly 10 years is MUCH better. Time is a HUGE factor. Also, any rehabilitation make sure you keep records. It really helps.

J Rogers replied 5 months ago   #2

So if someone had a conviction in the USA for 4 years (drugs) , should wait atleast 5 years or even 10years after release to apply for a waiver?

Provided no new charges,convictions etc.

Thnx

Turdo replied 5 months ago   #1

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