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Hello,
Can someone help me to get idea about US waiver process, I have a criminal record of "fraud over 5k". Is it a serious charge in US custom and border agency, can my waiver application be rejected. I have no other criminal record and I have been to US numerous times in the past, I applied for waiver in the end of November 2014. it's mid April and there no answer from them, does anyone has similar situation?.
Thanks
@jazzsax1, okay, sounds good, if you are ever interested in a Pardon, definitely give me a call, especially if the changes happen.
@John Rogers, It will be interesting to see if it applies and the effect it may have on people for sure..
@Michelle I don't think it will matter how they do fingerprints for Waivers.
If you think about it, if you have a pardon and are doing a waiver anyways, it probably means you were caught, so they know you have a record anyways.
The only situation I could see it having an impact in is if you have a record, seal it with a pardon, and are then denied entry because of something else. (overstay for example)
Then you would be inadmissible because of the overstay, and the record as well. But this is pretty rare.
@Michelle - depends how you view the restitution. Restitution attached to the sentence and probation order has been paid in Full. Requirement was $200 per month for the 5 years. (ie, $12,000). Even though I still have 25 months of probation left, I've paid that off early.
I also received a stand-alone restitution order that could be registered as a civil judgement (but it has *not* been as part of an arrangement with my former client working with me to address the amount without it showing up on my credit bureau). That was for $104k, of which I have been aggressively paying it down. I expect that to be done by the end of my probation, if not shortly thereafter. That order isn't mentioned in my conditional sentence or probation order. I assume though they include that as part of the requirements before the waiting period starts. I have hammered down
I am aware presently that the time starts at end of probation / sentence/etc. And that it's currently 10 years --- hence why I was hoping they change it back to 5 (and in the calculations above).
@John Rogers, wow, this is really good news for Pardons and people who are trying to gain employment...(I truly hope so....) I also agree with all you are saying regarding pot legislation, and how the government is going to handle it.
Yes, the new fingerprint regulation is for Visas only at this time, but I would bet within 6 months this will be a regulation for Waivers also.
This is a long time in the works. When I started FPS in 2008, I had no idea that the RCMP released "certain information" for specific requests. I was used to the access to CPIC that I had at Police, and everything that I could see, and what our unit released on Police Information Checks / Criminal Record Checks. So when I started doing waivers in the private industry, I did not realize that only "criminal convictions was showing on the Travel / Waiver Criminal Record requests, where as Pardons and Immigration requests show everything - withdrawn, dismissed, stayed, ect...I challenged the RCMP once I realized what was going on and said this is confusing at best - when US Customs runs a name in CPIC they are seeing everything, but when they get the paperwork, there is information missing..I said eventually, someone is going to figure this out and challenge it. And here we are....
@Jazzsax, just wanted to double check a few things..is your restitution paid in full? You were sentenced to 2 years less a day, plus 3 years probation? That is a total of 5 years + 10 years waiting time for Indictable..Remember your time starts from the when restitution or fines are paid..If you restitution is not paid in full, you can't start considering the time.
Yes it was indictable. Fraud over 5k if you don't recall. 2 years less a day house arrest plus 3 probation. Just finished first year of probation (and have slammed through restitution beyond what was required at the end of probation). No restrictions now, other than waiting out the last 2 years (reporting condition was even waived).
So 5 years + 2 years left = 7 years.
@jazzsax, oh I had no idea you were so far away, I misread that. You are correct, might as well wait. By this time next year the waiting time will be 3 or 5 years PLUS the sentence. I assume you know for sure its indictable? You have plenty of time to go to the courts and find out for sure.
If not, its only 3 years after your probation.
@johnrogers - well, I still have 2 years left on my 3 years probation, so the pardon at best is still 7 years away.... that said, It's been suggested by both you and Ken to wait until 5 years from sentencing (ie, end of my probation) so even if I get my fingerprints now, I need to redo them anyway for the waiver as those are only good 15 months correct?
@Michelle this is strictly for Visas, not Waivers correct?
Update on Pardons. I spoke to a contact I have and the decision will be sometimes between October and February 2019.
@jazzsax I can guarantee the following will change:
- 3 years for summary and 5 years for indictable will be reinstated. If you know you are doing a pardon for sure, get your fingerprints and court documents NOW. They don't expire and there will be a mad rush of Pardons when the law changes.
-The NPB fee will go DOWN. My bet is about $395 but that's just an educated guess.
- The name Pardon will be reinstated.
I can also guarantee the following, Pot convictions will NOT be automatically be removed. Think about this logically. Men who were WRONGFULLY convicted of having gay sex were not even automatically removed, they have to apply, and thats a Charter rights issue. Smoking pot has never/was never anyones charter right. In fact, people were knowingly breaking the law, and in some cases, bankrolling organized crime.
Legalization is long overdue. BUT
-It would cost a lot of money to try and locate, and remove pot convictions.
-Very few people have JUST a pot conviction. So they need a pardon anyways
-The government HAS a system in place to remove records....its called a pardon.
-At the time, (unlike gay people) people caught with pot were KNOWINGLY breaking the law.
-the US hates Pardons already. If they thought the RCMP were AUTOMATICALLY removing narcotics convictions they would be very upset. On this point ALONE the Canadian Government would be hesitant to do it. Remember, when Canada started stopping Impaired drivers from the United States, for a time Homeland Security RETALIATED and did the same.
@Ken Scott, you might find this interesting, as you are involved in Visas for the USA, I just got notice of this from my Fingerprint Supplier, this is effective Today. @John Rogers, you probably just received this notification also. I can see this moving into Travel Waivers also in the near future; which will change the game for a lot of waiver applicants, as the way this fingerprint request is for everything showing in the National Repository Entire Holding ..not just current convictions, but almost all charges, including Pardons. What I received:
EFFECTIVE TODAY: This is specifically for people wishing to RESIDE in The U.S.A. not just to travel and visit there.
For that purpose we would proceed as normal with the VISA/WAIVER. (for now)
The below link sets this out.
Document Name: Certified Criminal Record Check
Issuing Authority: Royal Canadian Mounted Police
Special Seal(s) / Color / Format: The Certified Criminal Record Check must display the applicant’s fingerprints and be requested under the Privacy Act.
Issuing Authority Personnel Title: There is no issuing authority personnel title
Registration Criteria: There is no registration criteria
Procedure for Obtaining: To obtain this document, you must submit your fingerprints to a local police service or RCMP-approved partner agency. YOU MUST STATE THAT YOU ARE REQUESTING THE RECORD UNDER THE PRIVACY ACT. Do not select “Visa/Border Crossing” as the purpose of the request AND NOT GIVE “VISA/BORDER APPLICATION” AS THE PURPOSE OF THE REQUEST. You must also specifically request the record which includes the “RCMP National Repository entire holdings.”
Certified Copies Available: Certified copies are not available
Alternate Documents: There are no alternate documents
Exceptions: None
Comments: As of September 10, 2018 a fingerprint-based, certified criminal record check REQUESTED UNDER THE CANADIAN PRIVACY ACT from the Royal Canadian Mounted Police is required by U.S. Consular posts in Canada.
For more information on how to request this document, visit rcmp-grc.
Court Records
Applicants who have been convicted of a crime in Canada should obtain a certified copy of court records from the clerk or registrar of the court in which they were convicted. Court records should state the section of the Canadian Criminal Code under which the applicant was convicted, the disposition of the case, and the penalty imposed, if any. Court records must also indicate whether the case was handled as a summary or indictable offense.
Canadian pardons have no effect under U.S. law. Applicants who have been convicted of a crime in Canada that was subsequently pardoned must contact an RCMP office to obtain both a Certified Criminal Record Check and copies of their pardoned criminal record. See "Police Records" above.
In cases of controlled substance violations (such as drug possession, sales, or trafficking), court records should indicate the type and quantity of substance involved. If court records do not include this information, applicants should seek to obtain it from the records of the police service that investigated the case or the Crown prosecutor's office that prosecuted it.
I am not involved in Visas, but would be interested to hear both your thoughts...
@Michelle I'm here, just hiding and wallowing in my misery after a banjo bowl loss. 4 losses in a row is not making me a happy camper.
@John - Hopefully they shorten the time frames back to the previous system. In my case because of probation I'm looking at 12 years before I can apply. Load of bollocks if you ask me.
@John Rogers, okay, thanks!, I am wondering how and if there will be any changes for old Possession convictions. I have some ideas, but nothing has been made official, I am also waiting for the changes to happens across Canada that they made in BC and ON.
As you know the consultations were in 2016, and in May the New Brunswick MP said he needed another 90 days.
Since the legislation is unlikely to be "popular", I think hiding it in other legislation or dates makes sense. So I am predicting October 17th when Marijuana is legalized.
I will look around and see if I can find any other information.
Okay, where is my friend ?- Jazzsax1? HOW DO YOU SAY...GO RIDERS..GO RIDERS..LOL..just to lighten the mood..anyway, guys, what is happening about Pardons, I see that there may be some changes as soon as October, I have been watching, listening, and have not heard anything, so please let me know...Thanks!
John if it makes you feel good to have these debates then it is your choice. Bottom line is that I say it and will say it again...Why do you care what we are doing in England, Canada or wherever?
It is just amusing that you think that the U.S. Embassy/State Department does not communicate with DHS. You always quote these internet search links but have no practical knowledge of these particular topics. Obviously, waiver clients in Canada are not likely interested in overseas affairs.
I tell you what though...Again, since you seem to have this affection for us and what we do...I will do a youtube episode and will put you on the loudspeaker. I will be in the video and you can address all of your concerns that way. This has the added benefit of not wasting the time here on the forum with nonsense since people are mostly here to get help with their waiver cases. Some people here may also find it interesting.
So give me a date and time and I will do the episode plain and simple. I offered to do this before for you on our internet talk radio show but you punked out with excuses about being busy. So I am making the offer again. Give me a date and time and I will do it. Then everyone on here will see me and hear your voice.
So plain and simple this will end the nonsense with you. Either accept the offer or just punk out again. It will just serve to reinforce to people here about you. The thing is that you have no clue what we are doing here or back in B.C.
So I have said my peace and await your responce...Either you will say yes or no as have put the offer out here for everyone to see...Then the spirit of the forum can remain unchanged. Sorry, but I not gonna play your tit for tat game. In this way, you will no longer be able to hide behind the keyboard of the forum.
So what will it be....yes or no?
P.S. You can bring up your tit for tat issues on the youtube live video and the community can decide for themselves. Plus don't punk out and say career suicide for me if you engage me on live stream. Give me a time and date. Preferably Friday is the best time.
I just read your post again and it seems that you want to know a few things....So I will answer them for you:
Lets summarize your recent musings:
1-you said you were expanding in Calgary, Mississauga, Brampton...all over.
Answer: Brampton is already done as I have someone that wants to work for us there and I have already found a location there as well. I merely have to sign the lease and set up everything...which would take maybe 2 weeks or so. This will probably be the last location. and scheduled for approx Apr-May 2019. This includes using 1 of your 4 competitors for prints for now...until we get set up for that. If you want to know the location that we have selected, then wait and see after we set it up.
I do not have any interest in Mississauga and have a special plan for Calgary that I not gonna disclose here. I need someone for Edmonton though.
2. -you said you had strategic partnerships with companies close to us, so close to us, as a matter of fact, one of them WAS us.
Answer: Unsure of what you mean in terms of "WAS us." I have an alliance with a fingerprint provider in Brampton as I just sent him 2 people for printing days ago. It was not you. You are literally surrounded by 3-4 competitors for prints and waivers in Brampton, so I can honestly understand your frustration there and here with me..lol.
3. -You show no sign of THAT expansion, and your not even in Canada right now.
Answer: What do you want to see? Copies of the leases that we have signed? A list of personnel/associates across Canada to include their names, business addresses and phone numbers? Sorry, but I was not aware that I had to provide you with a detailed report of our people and activities.
Also, I posted a youtube video of me at one of our U.K. locations. It even showed the office, the corridor and you can hear the voice of the landlord in it that showed it to us. Plus it was done 2 weeks ago. I guess having BC locations(and others) and the new one in Yorkshire is not a definition of expansion. Ahhh I understand..lol I can do one at the London office if you would like to see that one too...lol
Birmingham will be the last one here as Mr. Ben Archer(who is also in our last Youtube Video walking next to me) has to train Mr. Singh on these E-2 visas...Since I do not know how to do them yet.
Also, I have only been here for 2 months and have a 12-month lease. I have 10 months to make this Investor Visa and B-1/B-2 visas with waiver profitable. If it is done early, then I will get Mr. Ben Archer to take over my lease and come back to Surrey. I will be his rep in Surrey for Investor visas and have already put out feelers in BC with a special emphasis on people in Richmond BC. My goal is to finish up by the Spring and manage everything from Surrey BC by way of the people that I am positioning here.
Additionally, I do not have to physically be there inSurrey since I have people that run everything while I work on this project and sort out our clientele. I do the V.I.P & September Letter cases. This Investor Visa offer was something that I could not pass up. I have a Winnipeg location and I have not been to that one yet.
4 -You had some woman on your podcast over a year ago who was supposedly looking to fingerprint in Ontario, despite the fact she lived in BC and had a past criminal record (what happened to her?)
Answer: The women that you have mentioned lives in Hamilton and would still be interested. She has her own activities to contend with right now...Although we actually got her a September Letter and you failed to mention this in your post just now. Yes, she actually lived in Ontario and BC as she decided to go back and forth. It is not my business as to why she travels back and forth.
5-You still aren't authorized to do fingerprints yourself
Answer: How do you know that we have not started the process?? Perhaps we have and it is being processed:' Hmmm Also, why do I need to do prints myself just yet when I have an associate that does them for us in Surrey. Plus, his picture is on our website and it shows him taking sample prints of my Administrator.
Also, what difference does it make if someone does prints? It does not necessarily make someone reputable....I believe that Express Pardons in Vancouver used to do digital prints....and they unlawfully took a lot of money and closed down unexpectedly..Left a lot of people out cold but we got a lot of that business.
6 -You still haven't bothered to do Pardons, despite pending legislation that is going to make a whole TON of people eligible soon, and make it cheaper and easier...maybe as soon as October.
Answer: How do you know that we do not do pardons? Lol...News flash...I never tell you everything that we are doing as we are doing other immigration services now and will add certain financial services in the future. The Neanderthal will be the one handling this area.
You may have a point on the upcoming pardons but I tell ya...I have a much lower interest in Pardons and have already established someone that we will contract them out to when we get them. They are not our main focus in business. Pardons tend not to be as big for our clients in Surrey(or the lower mainland)since they are mostly interested in September letters and other services like E-2 visas.
Anyway, just wanted to give you an update since you seem to be very interested in our activities. :).
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