US Waiver

Saeedposted 9 years ago

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

Replies (recent first):

@Adelaide

Michelle is located in Saskatchewan and would be ideal because she is very familiar with the requirements to hand in a waiver in the Sask/Alberta/BC areas.

"Canadian Legal Resource Centre Inc." I do not know enough about them to comment actually, jazzsax or Michelle or Ken may know them better since I am in Ontario and have never dealt with them. Jazzsax has always been very accurate when he comments so I would trust his opinion.

Charging you for a consultation is awful. Please publish his name etc here so no one ever uses him for anything else. Telling you to apply a year after shows his complete lack of knowledge.

I am glad the forum is giving you some insight. Many of the posters who do not work in the industry have a lot of helpful information and make the forum unique from just a place where people who WORK in the industry post. Michelle, myself and Ken do this for a living, but we don't always agree on solutions. The other posters can give you a good view from outside the industry. Some have done waivers for many years on their own.

John Rogers replied 6 years ago   #153

#159 - @jazzsax

Do you know of this company Canadian Legal Resource Centre Inc.?

What makes you say not to bother with them?

Just curious.

#160 - John Rogers

Yes I'm a real person and legitimate. Thanks for the reply. I was somewhat insulted that someone would suggest I was "not real". I'm just trying to learn something here.
Who and where is Michelle located btw?

I went to a lawyer and he was willing to submit my application after 1 year into my overstay. He's actually a very reputable lawyer but charged me a nice chunk of change for the consultation.

Everything I seem to read here is that the 5 year rule is the thing to follow.

Adelaide replied 6 years ago   #152

The client who got the September Letter is coming in this week. I will hide his personal information and post it (if I can) If I can't, I will text a picture to anyone interested. Its one page. They do not list the offences or anything, its a very general letter. I want everyone to be able to tell a real one from a fake one. If I forget remind me.

John Rogers replied 6 years ago   #151

@Ken Scott the client had a 5 year waiver. He had been previously denied entry into the United States so was REQUIRED to apply for a Waiver. 5 years ago they decided to give him a waiver. NOW they decided on a September Letter. So "sending him to the border" after he had been TOLD to apply for a waiver would have been stupid.

The post about September Letters had nothing to do with you. I was just being transparent and explaining how this client obtained one. Incredibly that you took a post you were not mentioned in at all, and made it all about you. You really need to write these when you are in a better state of mind.

@adelaide You are correct. 5 years is the guideline. K. Scott made up some fake posts to attack me in the past, so now thinks you have been created by me or someone else to....I am not even sure what to be honest. All your questions have seemed quite legitimate. Since Ken and Michelle were giving you goo answers I had nothing to add.

Given your location (I am in Ontario) I highly recommend Michelle. She is out west and honest to a fault.

John Rogers replied 6 years ago   #150

@Adelaide - basically the 3 above (John, Michelle, Ken) are the reputable companies as far as waivers in canada are concerned. Don't bother with the company you listed in calgary.

jazzsax1 replied 6 years ago   #149

K SCOTT

I'm a little perplexed why you think I'd be tied into any "discount waiver company". I'm not even sure I understand what you're getting at and actually feel somewhat insulted that you would even mention that I wouldn't be a "real person". WTF?

I am an artist who travels frequently as I'm not exactly tied to a 9-5 job and work remotely from wherever I happen to be. Not being able to access the US has screwed me somewhat as I had developed a strong network (both professional and personal) there. The reason I came back to Canada was on a family emergency and when I tried to re-enter America I was denied entry.

I came across this forum by accident as I had gone to a lawyer to consult about my case and was being charged crazy fees for the consultation. I thought there might be an alternative and while many have suggested doing a waiver on my own I'd rather have experienced professionals guide the process and get it right the first time. This whole process can no doubt induce anxiety. Obviously there are parameters to what I am willing to pay for this service but I think a lawyer charging me in excess of $3k is somewhat ridiculous.

The only other waiver company I've come across is Canadian Legal Resource Centre Inc. which is in the Calgary area. I have yet to contact them and don't know of their reputation although they seem to get good reviews online. In your estimation(if you're even familiar with them) do they fall under the heading of "discount waiver company" which seems to have taken on a life of its own on this site as something that seems quite negative?

In reading this forum I see people such as you and somebody named Michelle and a John Rogers out East. I'm assuming they are professionals in their own right. Since you're right next door, as it were, in BC I thought of you since I go to BC and had lived in Van (right off Commercial Drive on Napier) and know the area.

Realistically I won't get to even seriously considering filing a waiver until Spring of 2019 as I have other things on the go and it seems the conventional wisdom here (if I'm to believe the numerous people commenting on this forum) is that one shouldn't realistically consider having a shot at approval of a waiver until the 5th year into the offense.

At any rate this is where my life stands at this point.

Adelaide replied 6 years ago   #148

Give me a number and we can chat..You may fancy the interest or email me at ken@deniedentrytousa.com

K SCOTT replied 6 years ago   #147

Ok well you ring me/us a bell at 1 888 908-3841 and we will chat if you are real ..There is something i wish to propose if you are real and not tied into any discount waiver company..Only if you are real person though.ring me a bell at 604 332-9213 or 1 888 908-3841

K SCOTT replied 6 years ago   #146

@K SCOTT

I live near Calgary (temporary situation) but generally move around a lot throughout Canada. I used to live in Vancity and travel frequently between BC, Alberta, Manitoba, Ontario and Quebec. Unfortunately I am not able to travel to the US (obviously) at this time - LOL... but were I able I'd be traveling there quite a bit too.

Adelaide replied 6 years ago   #145

#152 Congrats John since I know that you have to keep up with us. Yes, he qualified under the F.J.D.A. We have done this before and you are right that it is not magic. I never said it was magic but just by applying the principals of the laws that they already have in place. It is just splitting hairs or a play on words. It is all in the immigration code and Is nothing special as long as a person can read, write and understand the principal fundamentals of the code.

Btw you did not have to focus on the weapon in the packet since Possession of a Prohibited Weapon is an offence that does not need a waiver anyway. We would not send someone to the border for this offence since the guard would probably tell the guy that this crime does not need a waiver anyway. It would be different if the weapon was an explosive. He could have even had an unlicenced AK-47 and that offence would not need a waiver...Although I think I mentioned this weapon in another recent post as an offence that does not need a waiver.

But again though congrats on this success.

We do try to get someone a September Letter if they qualify and we specialize in it. This is just a plain and simple fact as it is displayed on our site. It is not selling anything since I do not work for CBP, do not adjudicate waivers, and do not issue decisions on waiver applications. I could have told you that he would have got one since this is not anything new. However, not all offences will qualify under this area of relief even if a client was 14 at the time.

Someone that makes a point to focus on me and try to detract attention is clearly someone that may be showing their own internal insecurities. I never focus on you since your business is your business only and not mine.

#151 Anyway, yes Adelaide, you can come by the Spring of 2019 and we can sort you out. You should not have to do any more waivers after your 10-year ban is done.

I will keep my word that if they(CBP) make you do them for life(after your 10 years are done) then we will put you in our V.I.P category and we will prepare them for you for the rest of your life at no cost to you to prepare it. You would only have to cover the gov't fee.

#153 Please do not be confused with #152 since, for some unusual reason, he sometimes tries to draw attention and deflect it from our business. You will not get a September Letter since you still have the 5 years remaining...So please do not be confused by #152. It has no impact on your case and it was only mentioned since I had said that we would give you the same financial fee payment policy that we give to people that we try to get September Letters for....Meaning that if you get denied then we will give a 100% refund to you.

I will be there when you arrive in Surrey BC in Spring 2019. If you happen to be in the United Kingdom in the next couple of months then you can come to our of our locations and meet with either myself, Mr. Seth Ben Archer or Mr. Sandhu.

I will be taking the train to Scotland in a few weeks to see if it is worth opening a location there and will post the video of it on our Youtube channel and my Facebook page when there.

:: @K SCOTT added on 01 Sep ’18 · 17:56

Btw Adeliade...Are you by any chance living in or near Calgary or Edmonton?

K SCOTT replied 6 years ago   #144

I’m not clear on this September Letter thing. Is that something that one needs or can get for an overstay?

Adelaide replied 6 years ago   #143

Client got a September Letter on Friday.

2 convictions.
Possession Of Narcotics from 1976 (he was 16 but convicted as an adult)
1981 Possession of a Prohibited Weapon (he was 21)

We focused the letter on proving he was 16 for one conviction (eliminating that from consideration) and for the other, we showed lots of proof that while he was "guilty" of the offence, that in fact the weapon was home made. Of course he took responsibility for it. Nunchuks.

This was not his first application. He had a 5 year waiver before that. We made a similar argument then, he got a 5 year waiver, we figured he would be doing waivers forever.

I point out this case to highlight that there is no secret formula. No magical letter than makes it happen. The circumstances have to be right, and THEN the possibility exists. If you are hiring someone because they are SELLING September Letters, then you are not dealing with someone who is being honest.

I'm thrilled he got the September Letter, but was absolutely not expecting it. He is extremely happy he will never have to do waivers again.

John Rogers replied 6 years ago   #142

@K SCOTT

I have only one offense and that is for an overstay. There have been no prior immigration violations nor any type of criminal history AT ALL in ANY area. My record is spotless. Next year I'll be into my 5th year of the ban.

It seems there's conflicting information or some sort of disagreement amongst the people commenting here.

I don't quite understand that after I've "done my time", as it were, and the 10 years are up and assuming I received a waiver prior to that and honored the terms of that waiver and was a "good girl" why would I need waivers FOR LIFE after the 10 years are over?

There's a good chance you may see me in the Spring of 2019.

Thanks for your input.

Adelaide replied 6 years ago   #141

@Michelle - thanks. I was hoping it was a more recent conviction (LOL) to give more support to my case. Was this a first time waiver application?

jazzsax1 replied 6 years ago   #140

#138, Jazzsax1. The conviction date was 12 years ago, restitution has not been paid in full, nor will it ever be paid up, it is just too large of money, but we were able to show commit on my client's behalf towards making payments, and client has done a very good job at rehabilitation, and is now a support person for other gamblers.

Michelle replied 6 years ago   #139

It is a different story if they have had prior violations for Overstay. However, a 1-time overstay is a different story and I assume that she has had only 1 offence.

Again, I cannot speak on your particular cases...However, I am only going on what we see at our locations. This is also not a criminal court of law and we are not convicting someone beyond a reasonable doubt. Immigration law is civil in nature thus a lower standard applies.

I also disagree in that the American government is hungry for cash in general. Many lower-ranking CBP officers may not like doing waivers...but they follow the instructions from upper management.

Plus no one ever said people at Homeland Security are processing unnecessary applications. They will accept any application and decide if the person needs a waiver or not. If they feel that the person does not need a waiver, then they issue a September Letter.

I believe it is true that some providers don't know the difference(or maybe not even care) as to whether a person actually needs a waiver or not...Hence they just grab a checklist and start completing the forms...without understanding how the code works. A lot do tend to be in Toronto though. Also, they have it in their best interest to keep people on waivers(whether needed or not), since this, they make their money on repeat business. I think we are the only ones that at least try to get a person cleared for life if possible.

If a person does not need a waiver...they do not need a waiver. If a person needs a waiver then yes they need a waiver. Not every offence will require a waiver and this is even stated in the immigration code.

Anyway, I do not want to focus on a debate of whether a person needs a waiver or not since that is for another thread. If Adeliade uses us to do a waiver and she gets denied, then she gets a 100% refund. When she gets her approval then she is approved.

If they tell her after the ban that she will still need a waiver, then we will place her in our Vancouver V.I.P group of people that we do all of their future waiver cases for free for the rest of their lives.

So I want to get off the topic of whether a person needs a waiver or not and stick to the topic/spirit of the forum. I think I have thus clarified everything.

:: @K SCOTT added on 31 Aug ’18 · 12:56

usentrywaiverservices.com

1 888 908-3841

604 332-9213

K SCOTT replied 6 years ago   #138

@K Scott I know the statute.

The problem is that I am finding that people are still being required to do waivers after the 10 years.

Now if this is NOT the case, then you or me or people on this forum must know people this has happened to. I want to see proof. It should be abundant. There should be hundreds if not thousands.

This is the problem. Everyone "knows someone" or "heard of someone" but show me the proof. I have plenty of overstays doing waivers. And Homeland Security does NOT just take the waiver because you submit it. Niagara Falls (Rainbow Bridge) and sometimes the Airport will make a concerted effort to NOT take the waiver if they deem the person admissible.

People think Homeland Security is hungry for cash.....but the officers actually prefer NOT to do the work and the fingerprints, so I find they look for any excuse NOT to take an application.

This myth that people are doing unnecessary Waivers at Homeland Security is just that. A myth. Certainly at GTA borders.

John Rogers replied 6 years ago   #137

Well, the reason is that after the 10 years is over, then they are not inadmissible(overstay only).

However, here is the actual statute. Please note (II):

(B) 13ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for
permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180
days but less than 1 year, voluntarily departed the United States (whether or
not pursuant to section 244(e)) prior to the commencement of proceedings under
section 235(b)(1) or section 240, and again seeks admission within 3 years of
the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more,
and who again seeks admission within 10 years of the date of such alien's
departure or removal from the United States is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an
alien is deemed to be unlawfully present in the United States if the alien is
present in the United States after the expiration of the period of stay
authorized by the Attorney General or is present in the United States without
being admitted or paroled.

It is all in the immigration code and it is not my wording. Anyone can go to the code and read it themselves. Again, this only will apply to a simple overstay. If they have other things like Misrepresentation or other criminality then that is a different story.

So the code and rules state (Overstay 181 days but less than a year - 3-year ban)

Get an Expedited Removal for being an intending immigrant( 5 Years)

Overstay 1 year or more then the ban is 10 years.

Overstay and have relevant criminality or Misrepresentation, then a lifetime ban and waiver for a lifetime.

Simple Overstay of 1 year or more and nothing else...then a 10-year ban.

Also, actual Unlawful Presence is a separate topic of discussion in itself.

Btw I cannot speak on these other people that you mentioned without actually reviewing their cases...However, if they are continually applying for waivers and have only a simple overstay, then I would love to talk to them.

I also wish this forum had the means to add video clips and more since just typing here is very limiting. I am also reading this section regarding Unlawful Presence in the waivers manual literally right now.

:: @K SCOTT added on 31 Aug ’18 · 10:59

Maybe the moderator can set it up where people can also attach photo attachments since this is much better. I am looking at the explanation of the code right now in my manual but it does no good since I can only see it. Only thing I could do is send a whats app copy or email a copy to forum people that wanted to see it for themselves.

K SCOTT replied 6 years ago   #136

@K Scott I don't see how a person with an overstay (an Immigration offence) will suddenly not need a waiver after their ban is over.

Can you elaborate? Can you show us some letters form clients of yours with similar circumstances that were cleared to travel after this ban?

2/3 of my clients are criminal record cases. 1/3 are immigration offences (like overstay) ON top of that I have a bigger base of people I have met the last 3 years at the airport, clients of other companies, and people who do their waivers themselves that are not clients. I am not seeing "immigration offences" suddenly being allowed to enter after a ten year ban.

Lets expand the discussion to others, to get clarification. Can ANYONE provide proof of anyone who had a 10 year ban who suddenly after the 10 years was forgiven for an overstay and now travels freely?

Please no 'anecdotal evidence'. Proof.

John Rogers replied 6 years ago   #135

#142 Just to clarify...I never said that she would get a September Letter. I said that we will give her the same policy that we give to people for September Letters...Meaning if (in her case) if she gets denied, then she gets a 100% refund of the entire fee that she has paid to us. She will not get a September Letter since she still has the other 5 years to go.

#140 Also, she may not have to do waivers for the rest of her life. We are assuming that she only has an overstay, the 10-year ban and nothing else. Once the ban is over she likely will not need a waiver.

Does not really make much sense for a person to have to continually file for a waiver if they do not require one. We have clients that have had the 10-year ban for overstaying and now no longer need to file for waivers...Now it is different if she has Misrepresentation or a relevant criminal offence.

If it is just an overstay and 10-year ban, then she will not have to file for waivers for the rest of her life.

I am also in the business of trying to save people money from not needing to file for unnecessary waivers. I think most people may agree that they would rather save the thousands of dollars over a lifetime than having to pay Uncle Sam every couple of years over their entire life.

K SCOTT replied 6 years ago   #134

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