Strategy for non-conviction record

AlanRposted 3 years ago


I would really appreciate some genuine advice on a situation.

A Canadian has an arrest that is in the American system. It cannot be removed. The arrest was for a non violent controlled substance offence (suspected simple possession). The arrest itself was baseless, and charges we’re not filed.

Crossing the border is an important part of this person’s life. A lot of research has been done, and it seems the following are options:

1) Apply for a Waiver, knowing the person is not actually inadmissible. Hope to receive Sept Letter. Will US customs let someone even file with dropped charges?

2) Don’t apply for a waiver. Bring court documents showing there is no court file or charge. Hope for the best.

The second option seems that crossings would be much more uncertain. For any of the experienced folks here: what are your thoughts? I’m not looking for a sales pitch, just some advice to help an individual who is in a tough place and needs some positive progress.

Replies (recent first):

Well, the scope of this room is that the gentleman has asked a question regarding if a charge could result in a waiver. So, I will do a specific YouTube video on Sunday (11-15-2020) where I will show him in the actual regulation why and how a person could talk themselves into needing a US Entry Waiver. I will show him the information on my laptop screen since I have mastered how to do this as per the YouTube video we just did on Canadian Pardons.

So, J.R. you can do what you want but I will show the gentleman in the regulation how CBP can use the actual immigrate code against him. Sorry, but I do not have time for politics since my job is to clear people to enter the USA. This is irregardless as to whether I get paid or not.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 3 years ago   #18

@Ken Scott

Not pointing out where you are not being transparent is "enabling" you. People need to know what is truth and what is fiction.

Listen, this is you. You know a lot about waivers, but you had to go back to Surrey, England. You took all the files with you.

I don't know why you left Canada, but I suspect it has been for a long time. You have nothing left in Canada but a mailbox.

Your intelligent but your lazy. You take shortcuts. That is why you stick to waivers (you could not know this pandemic would literally make that impossible)

Pardons and fingerprints take a lot of work. Its a grind. Waivers are much easier. Thats is why you "cherry picked" that.

I see a lot of potential in you. But the "shortcuts" and "persona" take away your credibility.

When I first stumbled across you, I thought, "great, a guy who DOES the waivers. that's the proper approach." I hate these companies that take money and do nothing for it. They treat waivers like an afterthought, when there is so much POTENTIAL.

But then I listen to you talk, and read your posts, and go to your website. And I am so disappointed.

Your Trump. All illusion with little substance. And it isn't necessary. Your smart enough to make a great living being HONEST. You could literally dominate the west coast, because the companies out there have chosen to either be deceptive (Scotia Pardons) or expensive and lazy (AllCleared).

If you dropped the nonsense (I am a former CIA NINJA Jason Bourne who trained all of Homeland Security) and the fake credentials (you obviously have no degrees) I would be happy to promote you, or even HELP you. You do have something to offer, and when you are in Canada, your so far away your not really my competition.

Your Youtube "event" was a perfect example.

-too long
-you spent too much time on competition (this is about you not them)
-in 2020 your touting "paper over technology" because it "can't be hacked". Your doing a YouTube video to show your "cutting edge" then act like someone's dad. People want to think you are cutting edge, not less into technology than them
-You have a personality, obviously, yet you made this video as dry as possible. Where was the funny Ken?
-People in Canada don't like Trump or Putin. You used to do a thing where you paid homage to the Queen. THAT made you different and was a shout out to you being English. Why go back to Putin?

I am very comfortable with my business. I will feel better when Covid-19 is under control. But I diversified, and now have a reputation which brings me business by referral. But its based on facts, and honesty. Going to the airport for years got me outside my "bubble" of clients, and gave me access to thousands of waivers I did not prepare and in most cases, the results. I can look at a package in many cases, and TELL you which company produced it. I know their strengths, and weaknesses.

Take my approach and make transparency and honesty your hallmarks. Combined with your personality, your salesmanship, and your uniqueness, you could be very successful. You could dominate the west coast. I would be more than happy to help you.

I know you think I am "picking on you" but I feel a real responsibility to make sure people know that facts before they choose. I have referred people to Michelle, and am proud to do so because she runs her business with integrity. In my opinion , we need more Michelle and less of many of the other companies.

Instead of reacting angrily to what i have said, read it, and take a deep breath. Could working "with John" (not for John) make me more money? Imagine a forum even, where people argue "strategy", not credibility?

Ball is in your court.

J Rogers replied 3 years ago   #17

Well thank you for the compliments sir but you have no idea where I actually reside. You do realize that I have a place of residence/property in 3 countries to include Surrey BC, England and Washington State. Again, you do not know much about us, and I may have you be my guest on one of our episodes.

You can either try and be chill and work with me, be a prick or work against me. I can either refer to you as a respectful person/associate or designate you in the category of one of my female canines. The choice is yours sir. Either way, my firm is not going anywhere since the end goal for us is to represent people on U.S. federal cases at the U.S. federal Court in Seattle and the military bases like Ft.Lewis and McChordAFB. I know both of them very well since I was once assigned at these locations before.

Thank you for the compliment regarding my tenacity in doing the episodes.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 3 years ago   #16


First of all, let me say something complimentary.

-Recording yourself for close to an hour isn't easy. People don't have that type of attention span. Let me give you credit for trying.
-you seem personable and like a decent person

This is the comment I posted on the youtube channel. I couldn't watch the whole thing, so if you explained anything I missed, my apologies. As for calling me the "karate kid" or calling the competition "discount" to belittle them, this reflects badly on you. It makes you look petty, especially since I never resort to name calling. I call you "Ken Scott". I point out things I don't like or that are inconsistent, and when I don't think you are being truthful, I point out why, and ask you to rebut.

The reason you have 5 views on this video are because no one trusts or likes someone who has to resort to personal attacks. "Karate Kid" when I am highly skilled in BJJ is stupid. "Discount" when I charge a similar fee is stupid. It makes YOU look "less" when you use the same tools as Donald Trump. He isn't respected, and you know this, so why use the same tools? Sadly, you mock me because you have nothing to say about my work.

One thing i have an issue with on this video is your love of Putin. No offence, but he has MURDERED opponents, stolen billions, and is a pretty bad person. Here is a link.

Back to the video. Here is my comment.

John Rogers
1 hour ago

  1. 1. You are NOT in Canada. You are in England.
2 Pardons are different applications than waivers. But a waiver won't help you get a job, especially now. If you were in Canada, you would understand that most Canadians DO NOT CARE ABOUT THE BORDER. They need to feed their families. And most companies (I know there are exceptions) do tell people that a pardon will not allow you to travel into the US if you have been caught already. I certainly do.

If you were in BC as you claimed, you would understand this. But you are in Surrey...ENGLAND. Also, you just claimed to charge $1000 for a pardon (we assume including all costs) but you claimed in the past to not DO pardons. How are you going to handle pardons from another country? The ironic thing about charging $1000 is that YOU are now the "discount" option. So remember that when you use that term. No company can sustain pardons charging $1000 all told when the government fees alone are close to $800. Your only making $200? Remember you need to SEE documents and I assume it is expensive to ship them to England. You are not qualified to do pardons, and I am sure you can figure out "how to do them" but I guarantee when they get more complicated and people need affidavits, they are going to regret having "saved" the money.

J Rogers replied 3 years ago   #15

Our YouTube episodes and other methods are taking off. We are really grateful to all of our clients and supporters for everything that they have done for us. Check out all of our YouTube videos for invaluable content that we are providing to community members. I have to also advice people to ignore the extremely jealous troll. Our presence in general is interfering with his little digital fingerprinting experiment/project. Again, sorry to everyone that has to endure this "Trump refusing to concede “type behaviour from this project tech/employee.

Apparently, I hit a major nerve when I said that pardons are a waste of money for Canadians for the most part.... lol. A pardon is ONLY good if you need it for employment, getting a security clearance or clearing your mind and soul. People, do not waste your money on these pardons unless it is for one of the aforementioned reasons!!! The Discount Waiver Companies will fight me hard on this since this is their major bread and butter. IF YOU GET RIPPED OFF BY ONE OF THEM, THEN YOU CAN ONLY BLAME THE PERSON LOOKING BACK AT YOU IN THE MIRROR!!

Again, most of our clients do not need or care for them since they are self employed business owners. My statements regarding this topic are powerful coming for a business that is the largest in the industry for many things to include the September Letters, solving complex us waiver cases and more.

However, having said that, we have decided to use his trolling remarks to give us ideas for new topics for upcoming episodes. We are eternally grateful for his free inadvertent continued assistance in helping us grow in other areas. Also, note that common sense dictates that is does not matter where a CEO may or may not reside, since the CEO can even be directing operations from the moon!! What matters is customer satisfaction and having the resources, locations, facilities, and staff members to get the job done!

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 3 years ago   #14

The first thing I noticed when I watched it 18 hours later was ......your not in Surrey BC Canada. You are in Surrey in south east ENGLAND.

This is why you have no guests, because the guy running your "business" is in Canada, while you are not.

What are you doing to make a living in the UK? Not waivers obviously. I see you have a complete lockdown there that started this week.

You need to be transparent by the way. Its apparent you no longer "live" in Canada, and haven't for a while. That doesn't mean you can't do waivers, but people need to know WHO they are dealing with, and what country they are living in.

J Rogers replied 3 years ago   #13

We are going to do a live stream YouTube & Internet talk radio show episode tomorrow at 12 noon in Surrey B.C. People can call in if they want any questions answered about US Entry Waivers. Other waiver providers also have the opportunity to call in to our show. We will touch upon Tim's question at this time as well. We will also mention some of the techniques that we use to prepare complex US Entry Waiver cases and September Letters.

We are still the only Canadian business in this waiver/border crossing industry that does September Letters, complex US Entry Waiver cases, has locations in B.C., England and Washington State, has a call in internet talk radio show combined with YouTube, and a 98-99% success rate. Tomorrow will be a casual day and I will be dressed in such a casual fashion.

We will not be able to spend as much time here on the forum since the Biden election has changed this for us in a great way. I have also enrolled into higher education, and this means my schedule will be even tighter in the near future.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 3 years ago   #12


I don't go on the forum at all during weekends, only when I am at work. You have my number, you can text or call me and let me know when you want me to join in.

J Rogers replied 3 years ago   #11

Here is the link for our show that will start in 90 minutes since we do it at 12 noon in Surrey. John you are invited to partake in the show and we will call you live on air to join in at sime point in the show. We can discuss the gentleman's question in detail.

Ken Scott
Senior U.S. ImmigrationLaw Intelligence Analyst
888 908-3841
604 332-9213

KSCOTT replied 3 years ago   #10

@Alan, Thanks for info... However, if client did not go to court or have lawyer attend court, how are they going to get court documents? Sorry, but I am assuming it is the same in USA as Canada - If a charge is laid and serious enough to be entered into the FBI system, client or lawyer has to attend court to receive a disposition, even if charge is withdrawn, dismissed, not guilty...ect...Based on what you are advising, (If my client, I would need much more information to provide anything more then the following)...I would suggest similar to Ken and John, but with a bit I deal with very picky Customs Officers here in Saskatchewan. The traffic to most of these borders is light and the officers make it their mission to research you...So, if this was client who called me out of the blue, I would tell them, you have 2 options, 1..Go to border and see what happens, you might get through, you might not, consider yourself lucky each time you get to enter. I advise this because Mr. Custom Officer

  1. 1 at Toronto airport might be sure go ahead, and Mr. Custom Officer
2 at North Portal, ND, might be you need a waiver...2. Spend the money, get a waiver or a September Letter (if possible) and you don't have to worry each time you cross. Keep us posted...Thanks!

Michelle replied 3 years ago   #9

Michelle - thanks for the questions. The arrest is in the FBI database unfortunately. Obviously, a border worker would have to search for it on NCIC, but it will show up.

J Rogers, thank you very much for your input as well!

[ Alan appended this reply on October 15, 2020 @ 7:55 pm ]

Edit: did not go to court. Charges were not filed.

Alan replied 3 years ago   #8

@Alan..okay arrest was in the US - did person go to court? How does the person know charge is in the American System? Did US Customs tell them?

Michelle replied 3 years ago   #7

@Sid so much for "no sales pitches please".

The court documents are PROOF that the "charges were not filed". Unless the person says something completely stupid, what is Homeland Security going to say? "Bring us more documents? Are you sure your not guilty?"

When a client comes into our office with this scenario, we look at the documents. If the documents look to US like the person was not found guilty, then it will look the same for Homeland Security. Cost? ZERO.

The borders being opened or closed are on the news....everywhere. The Liberals have said they will not even CONSIDER opening the border until November 26th. This will be shortly after the US election. Trump is in a hurry to open the border, Trudeau is not. Biden will bend over backwards to please Canada on this issue, I guarantee you, since Biden and Obama LOVE Trudeau.

Go to the border. If he runs into trouble, and needs a waiver, I'll do it for free. Problem solved. No one needs a seminar, training, to join the church of scientology, time shares, or ginsu knives for this simple matter.

J Rogers replied 3 years ago   #6

Michelle - the arrest was in the U.S.

Individual has clean Cdn record. Thanks.

Alan replied 3 years ago   #5

@Sid, "A Canadian has an arrest that is in the American system." Can you be more specific regarding this? Why and how did the Arrest get into the American System? Was the person fingerprint by the police? If so, most likely FPS # was created in CPIC..Thanks!

Michelle replied 3 years ago   #4

Thank you very much for your responses!

KScott, if the individual does not currently need a waiver, what would your services entail? Would it be “coaching” on what to say in the event of questioning? Or would it be preparing a Sept Letter?

I understand the border will not be accepting packets, but ESAFE is still operating (excluding the biometrics portion). In theory, they could still submit online and wait for the biometrics portion to become available. Correct?

Alan replied 3 years ago   #3

I have to partially agree with John to a point. I agree that you should not file for a waiver yet since technically he does not need a waiver now...BUT...This is where it gets tricky. We have a client that was charged with trafficking but it was dismissed by the Vancouver BC Court. CBP saw the charge and knew that a charge by itself does not require a waiver. However, they asked the guy what happened and he started talking about how the coke was in his car but the case got thrown out because of an illegal police search. CBP asked him to elaborate on the "coke being in the car." He did so and a sworn statement was taken where he admitted that there was coke in his car. The gentleman now talked himself into needing a waiver because of the voluntary admission. We get these cases all the time in BC and we can save the person the hassle of not ending a waiver but they have to get to us before they get to the border. Also, September Letter cases have to be prepared a certain kind of way and especially drug cases.

I disagree that if you bring the court documentation you and everything will be fine. I say this because the U.S. immigration code covers scenarios that you have mentioned here since it has been written into the statute. The court documentation is what CBP will use to go on the "fishing trip" and he will likely say the wrong thing. I highly recommend that you call us since we deal with these issues all the time. We won't charge you a penny to discuss the case and we may be able to save him from needing a waiver. We actually teach seminars on this very topic as depicted on our site.

We also have some CBP training material that they use in regard to interrogations on cases where they try to get the person to voluntarily admit guilt. We might be able to screen share it. Do not just sit back and "hope for the best" since that and a dollar will get you a Starbucks coffee. Also, regarding price, you truly get what you pay for in life. I am sure we can get him out of needing a waiver but I have a message for other forum members. How much is your freedom/ability to travel worth to you? How much is it worth to invest in your future by not having to pay out thousands of dollars by filing for future waivers?

Luckily, there is a lot of hope for this gentleman but it will not help everyone. I will say that it is true that they would not likely accept the packet since I called our borders last week and they said no and hell no to accepting packets. One thing that I can do for the gentleman is to host this topic on our next internet talk radio show episode. I think this topic will be of interest to the forum since we can go over it in detail. I think we will host the episode Friday or this Saturday and we will bring up this very thing. Perhaps people can even have their laptops open and we can show them where this very scenario is listed in the US Immigration statute.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
888 908-3841
604 332-9213

K Scott replied 3 years ago   #2


Option 2 is the cheapest. With official court documents you should be fine. I doubt they will continue to hassle you after that but who cares? Why pay a whole bunch of money for a September letter when you can carry the court documents for free?

I doubt they would even accept your waiver at the border, so don't bother.

J Rogers replied 3 years ago   #1

Reply to this thread

There is no need to “register”, just enter the same name + password of your choice every time.

Pro tip: Use to add links, quotes and more.