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I have another client who just got a September Letter. I will try hard to post it next week.
Here is the wording and its one page. September Letters are NOT 2 pages. It does not show the prior offences.
“This correspondence is in reference to your form I-192 Application for Advance Permission to Enter as Nonimmigrant, submitted by you, on or about _____________2018
We have reviewed the circumstances surrounding your request for admission on or about __________2018, at the Niagara Falls-Rainbow Bridge port of entry in Buffalo, New York. It is the determination of this office that you do not require discretionary relief under INA 212(d)(3)(A) to seek entry into the United States.
Your future inspections, upon applying for admission to the United States, will be conducted in the normal process accorded an applicant seeking admission into this country.”
Admissibility Review Office
Becca...September Letters are for offences/events where CBP has determined that the offence does not need a waiver based on case-specific circumstances. There is nothing magical about them. The way to get them is to prepare the packet and add specian info that indicates why we believe in our opinion that the crime does not need a waiver. CBP makes the final decision in the end. We have had cases where we felt that they should have been approved for September Letters and they only got waivers.
However, we have also had cases where we were sure they would only get waivers but we added in info about why we think they qualified for a September Letter...and they agreed to our surprise. I will give you some brief history. We once worked(and mentored under) an individual that had 40 years of experience in training USA immigration lawyers in all aspects of immigration. Specifically, his specialty was crafting defences against deportation from the USA aka immigration court. This individual first trained me in regards to September Letters and other things. Specifically, he would tell the lawyers what relief that an individual would qualify for and even wrote the briefs. Btw this has nothing to do with September Letters. This individual gave me numerous tools to use in regards to this and complex areas of USA immigration complex. Unfortunately, this person drowned in a scuba diving accident. So if he were still around, he could tell me within 2 minutes if a person qualified or not based on numerous case specific things. Now we just use the material and techniques that he gave us.
Now fast forward, we are using the tools that he taught me and we have built a list of offences/circumstances that we know work using his techniques. This is not only for September Letters but also how to get an approval on extremely complex waiver cases. Ways to get the material, analyse it and apply the basic principals. Obviously, if he were around then it would be even easier. So now we have built up this info from over the past 8 years from his expertise. An example is that we have tried it with Poss of Stolen Property offences but they keep coming back as waivers. Same goes for B & E. Note that this applies to people that are traditional Canadian and that don't qualify for Derivative USA citizenship or other forms of relief. We also have a number of clients that formerly made the news in the 1990's and 2000's in the BC lower mainland. These individuals have been cleared by us and send us referrals. We also have a Location in London England with our affiliate on our site that does USA work and investor visas.
Anyway, it is much more complex than what I am writing here. This is why we specialise in resolving USA border crossing issues as well as complex waiver cases. I will be the first to admit that we are expensive. The reasons are numerous and that our access to certain material/techniques that Discount Waiver Companies cannot get nor would know what they are reading.
We also did not purposely post copies of certain September Letters because Discount Waiver Companies could read them and maybe reverse engineer how to obtain them on certain complex crimes. We only posted the ones that we knew that they could not figure out how to obtain. We feel that it does not make sense to have to continually get waivers if a person qualifies for this type of relief. This will save the person money and a lifetime of headache.
Furthermore, if you think about it...It goes against our best interest to get September Letters for people since we could make money on repeat business from renewals. In Business 101, you have to have a niche that makes you stand out from competitors..Well, this is ours....
Again, the choice is yours to choose to do as you see fit.
Becca, its my opinion that you apply for a waiver. If they want to give you a September Letter they can, but in truth I have many clients with summary convictions who are simply on the waiver program for life.
A September Letter is granted when a person is deemed to "not be inadmissible".
- Impaired driving
-admitting you used drugs but no conviction
-some conditional discharges
-if you are charged but not convicted
In my opinion and experience, you can focus your waiver application towards getting a September Letter, but logically I do not believe Homeland Security is granting September Letters because of some magical "September Letter package" that gets submitted.
My 2 cents.
Well #58 only thing that I can do is if you are serious, I can show you the one that we have already obtained for an Edmonton client with your actual offence. Again, I am only going by what you are writing in the forum here....I would still need to see your actual court file and see how it is listed on the RCMP report. The wording of the Edmonton client case will explain why she does not need a waiver. Again, it will depend on what is in your court file. Hats Boots is close but you can still get one if you have more than one offence listed in the RCMP. He is not necessarily right when he mentioned the drug offences and the solicitation since we have actually gotten them for those offences but under very specific circumstances. Hats Boots is often right on the money but in this case, respectfully he is off on some of the details.
Also, yes if it is Indictable then it is difficult to get one...Again, there are exceptions based on the actual offence and case specifics. Also notes that we ourselves specialise in this area. Others may not be aware of certain things since this may not be their area of focus. Definitely, an Indictable Theft conviction for Theft would be a no-go unless you qualify for relief under other areas such as Derivative Citizenship or more.
Anyway, bottom line let us know if you want to see it or not and you will read it for yourself.
You are not getting a September Letter if your offence was indictable. Only one summary offence may qualify you for a September Letter. You are disqualified if it was a narcotic offence (pot counts as such) or solicitation/prostitution offences. Summary offence means maximum sentence to be imposed is imprisonment of up to six months in Canada. For US law, this means maximum sentence imposed was less than six months.
Yes, we can get them cleared Michelle but it is a lot of work. I have one guy dedicated to working on these cases for us. They are expensive to some people but they can be cleared. Specifically, we work with the individual to show CBP the major rehabilitation that is tailored to the individual. It could take 1-2 years preparation time before we even submit the packet. It depends on how severe the sex assault offence is and the age of the victim. Often it is very hard to verify the age of the victim, so we document our effort in regards to this to CBP.
The general rule is that the younger the victim, the harder it is to get the person a waiver.
Another thing is that sometimes the client does not want the family to find out about the offence and this can make it even more difficult. So far under Trump, we have not been able to obtain any September Letters for Sex Assault...yet.
Also Michelle, we will send you a 25% gift of whatever we charge the person that you send. He or she will have to have a lot of patience since these cases are simply not a walk in the park to clear under Trump.
@John Rogers #54, so that is why the big change..I was wondering as I have a client 3 previous waivers with a S. Assault, and last time ...denied. A tip for you..."court transcripts" which is different than court documents, most times will list the age of victim, but you are right, a police report is very difficult to get..
@Ken Scott #55, this is why I have decided to stop accepting these type of waivers, I simply don't have the time or the resources to put into it, and why I will be referring you both.
Well, they are giving waivers for Sexual Assault but they are very hard to get indeed. Also, the last few were for only a short amount of time. So they can be obtained but they are a lot of work to prepare. Especially so as to show rehabilitation. It is true that the biggest age is the victim. This is based on the SORNA chart. Anyway, a September Letter is very hard to get for a sex crime. However, we have had them in the past under different presidents.
Michelle, I don't blame you. Sexual assault cases are much more difficult and even when the panel doctor charges a reasonable fee (we have 3 in the GTA) and gives a positive report, I am seeing the waiver rejected in most cases, even when they have already HAD a waiver.
This started in April of 2017 when John Kelly was in charge of Homeland Security.
The biggest problem is age of victim. You cannot submit a pardon OR a waiver without age of victim, and in many cases that can only be obtained by the arresting police. Its frustrating.
Key factors include, "position of trust?" Teacher/ student for example.
As a word of caution I have to say I am highly skeptical that if they are obviously not giving waivers to sexually based offences, and Canada doesn't like to give Pardons for sexually based offences, that suddenly getting a 'September Letter' for sexual assault of ANY type seems unlikely. In my opinion.
#51 Well Michelle...I agree that Sex Assault cases are a major headache to clear. We can get them cleared but it takes a massive amount of work showing rehabilitation and other things involving these cases. It is true that they can take a very long time to clear. We got one cleared about 5 months ago and it took a year and a half. He complained about only getting a 1-year waiver and I told him that he is lucky that he even got that..lol Now I won't lie..we can get them cleared but it will not be cheap since they require a massive amount of work. There is a way to get a September Letter on certain Sex Assault cases...It will really depend on a number of factors to include the court files and the actual particulars of the event. The worse case scenario is that they only get a waiver for Sex Assault. We got another sex Assault case cleared and the guy only got a 6-month waiver. I explained to him that he was even lucky to get that based on his case!!
#52 It tends to depend on a few things...September Letters for offences like Theft and Fraud type crimes tend to be are around the 90-120 day mark for the most part. September Letters on other type offences range around the 6-month mark. I still say the best thing is to maybe do a skype conference call and I can show you how everything is prepared and so.
@Ken Scott and John Rogers, I have decided to no longer accept clients with Sexual Assaults, as it is just too much work and honestly, I have had no success with them. I currently have 4 cases on the go ranging from minor to major events. Some of these cases are into 2.5 years waiting time, not including the time that it took to gather all the documents. 3 out of the 4 cases have had the panel review assessment and 1 was refused by the panel review doctor to even do the initial assessment, and I can't find a local Psychiatrist to provide a risk assessment sufficient in Saskatchewan. Moving forward, I will refer them to either one of you, as you both have more resources and expertise in this field than me at this time.
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