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@1768, Jazzsax1, I still agree with John, and I had strongly advised both of them, that I did not think they would be granted waivers..So, was not surprised when wife was denied, but completely surprised when hubby got it. He did have a better application, as he is a driver educator for the provincial government and we were able to show very strong rehabilitation and responsibilities now, plus he had very good reference letters. I am sure John or myself can review your entire history and give you our advise on how successful you will be.
@Michelle --- what??? How did they manage to get that waiver 2 years post conviction?
I am just under 4 years post conviction and everything John and others have been saying is wait to year 5 to apply.
Wonder if it's worth looking at my case and seeing whether it's worth applying a year early (I'd like to apply this October if I knew it would get through).
I am a young professional recently hired by a US company which does business here in Canada. About 3 years ago, I committed a stupid act which destroyed all hopes I had following my graduation. Needless to say, my hopes were not so ruined afterall apart from travelling to the US. Here's my situation and would like some feedback on how I can navigate this hilarious system.
A malevolant neighbor pressed charges on me for breaking a window following a feud. I punched it in front of a young child which made matters worse for a white male like me. This individual blew two car tires, vandalized my door and I received several death threats before I was eventually driven to my breaking point. I eventually exploded and lost control. I learned my lesson now but should I have known before, I would have done things differently.
This is how people get caught up in the legal system sometimes and cops have little to no judgement on how to handle these types of situations. No crime was committed here. A simple payment for the window to the landlord would have sufficed however that person was out to get me. Eventually they got nothing out of this except several court dates, lost time and me registering a guilty plea to a ridiculous charge in order for the cops to keep a file on me as a criminal which I am not.
I was charged with intimidation and mischief. I plead guilty to the mischief charge. The intimidation charge was dropped as part of the plea negotiated by a lawyer who probably did a terribie job to push me through the system. I was given a conditional discharge, there are few months left before it gets purged or for me to take the necessary steps to do so.
The company before hiring me conducted a thorough background check and hired me anyways. I never mentioned anything about the incident nor did they say anything to me about a criminal record. The company mentioned to me that I would stay in Canada but now I realised that I must travel to the US often.
I don't want to lose my opportunity here. This is a reputable company that will allow me to grow. I must travel to the US in a few months with my canadian criminal record never accessed by US customs. I refrained from travelling there ever since my guilty plea.
The Web is filled with conflicting information. A file destruction is needed for my situation from my understanding and the company wants me to travel before my discharge can be purged which is in a few months. I'm thinking of starting a US waiver application however 5 years have not passed or I come clean and risk losing my job. Then again, employment termination will surely follow if some US customs bonehead refuses me entry for breaking a window. A conditional discharge is considered a criminal record for these judgemental officials, then again their laws are so ridiculous that even they can't understand them.
I believe I should start a US waiver blog so I spare myself the embarassment and hope for a September Letter.
@1759 Jazzsax1..It was 2 years from conviction date and it was quite a large fraud scheme, buying and selling houses, and applying for mortgages under false names. There were quite a few people involved, including some bank managers.
On another note, I wish I could say my waivers are coming back soon..but for some reason, they seem to be taking even longer then normal. Right now, my renewals are taking 5 to 6 months and new clients are taking 6 - 8 months. This is USA Processing time, not including my time..So I am still telling clients up to 1 year. :(
The delay might be from the POE where application is dropped off - not sending in paperwork right away????
This client was unique because she prepared for 2 years to apply for the waiver and was very prepared. This made my job much easier, so she deserves a lot of the credit. All the requirements I told her were important she did a great job on. She worked hard and got the result she deserved.
@Adelaide I would say at the 5 year mark you can apply for your waiver. Also yes 2 or 3 year waivers are very rare. I also had a client get a 6 month waiver, he had been working legally and then took another job without proper authorization and applied barely 3 years later. 1 and 5 year waivers are very much the "standard". 6 months, 2 or 3 year waivers are very rare.
Had a 10 year ban, was refused for admitting to having a sugar daddy. This falls under moral turpitude. I have no criminal record anywhere in the world. Was not even charged with what I was refused entry for. Was refused entry MAY 2016. Applied for a waiver in JULY of 2016. (Yes I applied 2 months after I was turned away-did not know at the time that this was not a good idea) It was DENIED DEC 2017 ,(yes took them aprox 16 months to tell me no). Was very depressed and upset and ended up coming to this forum. I found @John Rogers from this forum, bugged him almost every single day but listened to his advice to WAIT for more time to pass by. Applied MAY 20th 2019 and got APPROVED today July 19th 2019. Waiver was dated July 15th ,2019 so it took exactly 60 days from the time of submission. Also received a waiver for FIVE YEARS. To anyone reading this, if you do not want to do this application by urself and looking for someone to assist you please go to @John Rogers. He is very honest,realistic and patient. His work is QUALITY. His prices are not ridiculous as some other people/companies. I was also NOT asked to promote John Rogers in any way. Once again thank you so much @John Rogers , I really didn't think this day would come !
#1757 @John Rogers
Well thank you...I can always count on you to give an honest and cohesive answer.
My overstay was more than 3 years and it's been nearly 5 years since I've been back to America.
No criminal record nor any other offenses. Just an overstay.
I'm hoping I don't have to wait out my entire 10 year ban. I don't want to wait another 5 years to be quite honest.
In your experience are waivers often successful prior to one waiting out the entirety of a ban for an overstay?
@Michelle or anyone else wish to weigh in on this as well?
In addition you mentioned a client's wife getting a 3 year waiver. That's actually a thing? I've never read of a 3 year waiver as I've just seen people mention either receiving a 1 year waiver or a 5 year waiver.
I agree with John, no two waiver results are the same. I have and always tell my clients - you are unique and cannot be compared to any other case. Results vary always. I have a case where both husband and wife were charged with same convictions, same time, same sentence.....(Bank Fraud) as it was a joint effort on their part...She was just denied her waiver (we knew that going into it, but she wanted to try)..husband got a 1 year. (I think because he is employed and she is a stay home mom.) The only reason I can think of...
Please let us know if anyone is or has tried the E-Safe filing...Thanks!
@Adelaide I think once you have overstayed for a period of at least 3 years the length is not as important as the time SINCE you overstayed. I don't have enough overstay cases that are similar to really give you a read on that. Almost 1/3 of my waivers have no criminal record but many of these people 'overstayed' while awaiting a decision on trying to get status (Asylum or other) so its difficult to compare sometimes.
I know everyone would like a precise chart of where you fall based on why you are inadmissible but its not that neat and tidy.
I had a client who overstayed and he was caught and his wife was not. He applied...5 year waiver.
She traveled with him the first time he used it. They decided to run her too...and realized she was married to him at the time, so overstayed as well.
She applied. SAME application. SAME exact circumstances. Result: 3 year waiver.
A question for anyone with any knowledge pertaining to this: @John Rogers, etc...
Does the length of an overstay have a great bearing on the adjudication of a waiver?
If you were banned for 10 years for example and you overstayed for 8 years is that looked at as being more egregious than if you overstayed for 5 years (just throwing up some random numbers here) ... and is that weighted heavily in the decision of the adjudication of a potential waiver?
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