JOHN ROGERS

Thanks, appreciate it.

Hi....

I submitted my I 192 paperwork at the border last week. I had completed it myself asked if there a way to expedite it because I have an event that I desperately wanted to attend next month.

I was advised that it was not possible to expedite but that there was a decent chance I would have the Waiver in time....this seems so contrary to anything I have ever heard or read...

Has anyone had (or heard of) that experience?

@Samuel I don't like to guess. When I ask people at Homeland Security I get different answers.

I do know they check:

-FBI
-State Department

Guessing I would say they see if the name bring up a "hit" on any other databases. They don't check for unpaid Speeding tickets for example.

#1179 JOHN ROGERS - thanks for the response.

While I know it's impossible to know EXACTLY what they are doing do you have any sense of the Agencies they normally contact to adjudicate waivers ("normal adjudication")?

For example I've heard from people in the immigration law community in America that they can't access the IRS for example.

As I'm sure nobody outside of DHS knows exactly what is being accessed... in your years of experience have you gotten a good sense of what agencies they do obtain information from?

#1177 This scenario is simply ridiculous. SMH.

HatsBootsHatsBoots has SOME knowledge based on what he googles. He has very little experience in actually APPLYING for anything, limited to his own applications, and what he reads here and on the internet. He doesn't like me because I correct him, but he loves KScott, because he loves any praise sent his way. HatsBootsHatsBoots only one person has made their business about September Letters. Its not me and its not Michelle. So next time you mention something unethical, name the person, or don't mention it at all. Even if you love his praise.

As for me providing free information on here in order to possibly be referred to clients, why would THAT be unethical, but running adds on radio or in the newspaper is ok? I consider Michelle and very ethical person, and I don't see her giving advice as wrong. I lay EVERYTHING out. Nothing hidden. Ask anyone who has ever called me for free advice. People who do waivers themselves are free to continue that.

Whats is foolish, is to pretend your some kind of expert, and give advice you have no experience in, but simply read on another site. That's what you do. You so crave some sort of validation as a "self-made" expert, its transparently obvious. Even when I said you were "mostly right" and corrected what you were wrong in, you respond like a petulant child. Again and again you mention things that are 80% right, but then 20% wrong. Absolute Discharges are the most recent. Admit you were wrong about them.

@Samuel it simply means they are not just going to approve the waiver, and have put you into the hands of someone (probably a supervisory role) who will either

-deny the waiver
-check through other US agencies for further information

Its impossible to say EXACTLY what they are doing, but it is something on top of the normal adjudication and takes much longer.

#1175 & #1168

Also curious ....

What exactly is "secondary security screening" as it pertains to adjudication of a waiver

#1173 Actually HATS BOOTS is usually right on the money about this stuff. He definitely has a lot of knowledge in this field.

##174 HATS BOOTS you are correct in terms it is the general rule to get your stuff removed ASAP. However, one big factor under the code is that they can still ding people that admit to the element of a crime and it does not matter if there is a conviction or not.

An example is that let's say that you were charged with robbing the Bank of Montreal in Abbotsford BC at gunpoint. The Crown stayed the charge because they could not prove that you were involved. Then CBP sees the charge and knows that it was not a conviction. Then the officer tricks you by asking you what happened to the money that you stole. You then tell him that you hid it at a friend's house in Surrey and that the Crown never found it. So just by admitting to the act of robbing the bank will now make you inadmissible to the USA and you will need a waiver.

The point is that is it not only convictions that can be used against you. There are other factors/techniques(that I have not mentioned here) that they can employ to deem a person inadmissible to the USA and it has nothing to do with convictions. We see it happening all the time in B.C.

They have a special training pamphlet that they give their officers on how to do interrogations on people. We refer to it from time to time.

HATS BOOTS all I can say that September letters can be obtained for certain offences and I will not reveal which offences they would qualify for. Of course, simple assault does not need a waiver and we would not try to get a September Letter for such an offence(same applies to dui). It does not matter what the political climate is in the USA. It is all about federal law and Trump is required to follow federal law. It is your choice whether you believe or not and does not matter to me. Everyone that calls us is screened to see if they could qualify or not based on their offence. If they do not qualify, then we tell them it will be a waiver and then what we charge. They are free to use us or not. Actually, only about MAYBE 20-25% at the moment may qualify for the September Letter. Anyway enough of this topic.

Btw...Poss of Marijuana is easier to clear than opposed to PPT. Yes, I have always said that if the packet is properly prepared and enough rehabilitation is shown, then it should be no problem getting a waiver approved. It is true that they put emphasis on the letter of explanation but that is part of the adjudication practice.

#1161 did you mention anything about trafficking in your letter of explanation? This is extremely important. One thing people don't understand is how the code works. They not only go by convictions...They also go by the elements of what a person may admit to whether it is verbally or in writing.

Again, I think people don't care about a statistical algorithm in terms of how long it will take CBP to process a waiver. They take as long as they wish...but they do tend to clear a lot of offences around the 4-month mark but that is no guarantee. It is different for us since our cases do tend to be much longer to get cleared which is why I tell everyone 3-9 months. An example is that simple Fraud or B & E is cleared around the 4-month mark....However...PPT can take 1 year or more.
Money laundering and Counterfeiting cases can take longer since they have to go through other agencies and other criteria.

I just cannot guarantee someone their case will be approved in 4 months knowing that CBP will process cases as they see fit...especially under Trump.

#1168 JOHN ROGERS

What exactly is "secondary security screening" as it pertains to adjudication of a waiver?

@John Rogers

I have posted in the past on this forum. We had are ups and downs but I am not here to argue with you once more. I just share my knowledge. It doesn't mean that you are any better than all the other individuals who work for waiver companies that post here. You are looking for customers using this forum to make yourself look more credible. This is unprofessional and dishonest. I am not looking for any customers. I have substantial knowledge in US immigration law. I just tell the truth plain and simple. You provide useful information however for people to use in order to apply for a waiver.

@1980, you could of easily said "NO" and wouldn't have any issues. However, CBP has access to many records other than CPIC including files of local police agencies and provincial driver records. We don't know for sure what they can see or what they can't.

The general rule of thought is to get your record removed as quickly as possible from CPIC before you travel to the US. I am not here to tell you to lie or not to a CBP agent. That is up to you. Frankly, the whole process is ridiculous and a money grab.

You cannot treat people as lifelong criminals because people change. Smoking a joint at 17 and getting caught does not make you a threat to society. However, politicians are always looking for scapegoats in order to justify their own criminal behaviour. In the past, they would target people of a certain sexual orientation, minorities, the homeless, gamblers or people committing adultery. Now, they target immigrants and ex offenders. They claim they do it to keep citizens safe but it's a smokescreen for them to impede on human rights. Criminal reform is long overdue in the US. Don't expect this current regime to do anything about it.

@adma1980 the fingerprints you did 3 years later would have removed the record. What a shame you didn't say "no" when asked. I wish there was more information when people GET discharges, even the Crown does not seem to understand what it means.

@HatsBootsHatsBoots to address your September letter statement.....exactly. You are either in a position to get the September Letter already, or you are not. This is what I have been saying over and over. There is no 'Trade secret". Why aren't you simply addressing this to the person who is saying the opposite? Is it because you two usually agree on everything else?

“It seems to me that some people here claim that it is easy to get a September letter. It's not easy to get one given the current political context in the US. Don't be fooled from people promising a free pass.”

NO. Not "some people". One person.

My court documents show that the trafficking was stayed and a possession charge proceeded and the judge gave me the conditional discharge. The condition was a one year unsupervised probation and a fine of $195.

I had finger prints done 3 years after the sentencing, for work, and no record was found in the database.

I was traveling with my family at the Pembina port of entry and when asked if I had ever been charged, I told the truth. Had i lied, and said no, I may not have required this waiver today as my record was never transfered to their system. Oh well, honesty is best. :)

@hatsBootsHatsBoots that was pretty accurate.

Remember though, an Absolute discharge means you plead GUILTY. It is not the same category as an acquittal or withdrawn/stayed/dismissed charge.
Absolute discharges and Conditional Discharges were both amended on July 24 1992. You plead guilty to get one, but:

Absolute discharges can be removed after a year, and have no 'sentence'.

Conditional Discharges can be removed after 3 years, and usually have probation as their "condition".

In both cases, the record remains until you GET FINGERPRINTED. If you do not get fingerprinted, the RCMP are not trying to track these down to remove them. Its only "automatically removed" if its actually brought to the RCMP's attention. If you never do this, the record will just sit there.

It seems to me that some people here claim that it is easy to get a September letter. It's not easy to get one given the current political context in the US. Don't be fooled from people promising a free pass.

The current regime is hard on natcotics and sex crimes. The US is not as open as canadian society is when it comes to drug liberalization and prostitution. Some states are more progressive but it's the US federal laws that take precedence at the border.

The only way someone can get a September letter is if the crime she/he committed had a maximum punishment of six months in jail. The crime in question is a CIMT (crime of moral turpitude). Drugs (including possession of a joint or weed) and prostitution/solicitation are exempt from this rule and someone will always need a waiver. Solicitation however can good you a September letter in some rare occasions.

DUIs and simple assaults (crime of passion) are not CIMTs according to US immigration law. However DUI/DWI while on drugs do count as a CIMT. However, multiple general assaults and DUIs (alcohol related) that resulted in more than 5 years of imprisonment do require a waiver.

Committing a crime while under the age of 18 counts as juvenile delinquency and therefore does not require a waiver. However, there is another constraint. The maximum sentence you can get is no more than 5 years and must be paroled by age 23.

There is a list of what constitutes a CIMT or not available on the Internet (official US immigration website - INA). Many here will claim that they can get you a September letter. It is a hard process and your packet must prove to DHS that your crime was not a CIMT, which is difficult to do. The concept of CIMT is also quite vague and open to interpretation.

Conditional discharges do count as a conviction for US immigration. Absolute discharges and peace bonds do not. Unfortunately, under US immigration law admitting your guilt to a CBP officer about committing a crime without ever being caught will result in a lifetime of waivers. Therefore, people with absolute discharges, peace bonds and charges that were stayed, dropped or resulted in acquittals may result in refusal to entering the US.

Once you are charged or arrested, your fingerprints are stored in the RCMP criminal database. You need to ask the arresting police force to destroy the record once you are acquitted or discharged. This can follow you for a lifetime.

@bill The site you referred is a bit "generic" on the waiver processing times.

No waivers are taking 5 or 6 months in reality from what i am tracking. Saying 4-6 months is highly inaccurate.

Waivers are taking in reality two timelines.

80-110 days if there is no secondary security screening.

Secondary Security screening is MUCH longer. I have had some as long as 2 years. None under 10 months.

Also the email I have clients use is inquiry.waiver.aro@dhs.gov after 150 days. It always works, but early on we found the ARO.INQUIRY.WAIVER@cbp.dhs.gov did not always work. Perhaps that has been corrected now.

@Chelsea, Michelle is very good at what she does.

@Chelsea 1165...Thank you so much for your kind words and referral. It was a pleasure working with you also. Keep me posted about the delivery of your paperwork, and I will help you track..if required.

@Adam 1161 and John 1162, I agree, ...you should not have any problem getting a waiver, provided your application was done correct, most important will be the court documents, as your C.Discharge will no longer show on your RCMP Criminal Record Check. Your letter is also very important advising the circumstances and events. 40 days is not too long to be waiting, you can start tracking after 120 days..

I can't say enough about the help I received from Michelle because of this forum. I initially contacted her after reading some comments on here and found her contact info from this site about a month ago as I was super anxious and nervous about the application I had put together myself. She responded to me within minutes and answered all my questions and helped me ensure I had all my paperwork together and filled in properly , letters written in the right language etc. She picked up on a few things I had missed in my application which could have been a big deal if not done right. She still continues to respond to any questions I have big or small within minutes. I cannot thank her enough for calming my anxiety through the entire process and I am eager to file my paperwork next week at the border in Ontario. Fingers crossed for good results! If anyone is attempting to go it alone or if you need help on the entire process I HIGHLY encourage you to contact Michelle as she knows what she is doing, is super helpful, respectful and kind! Thank you again Michelle!!!

For Current US Waiver application processing times I go here: <a href="http://www.albertapardons.com/timelines.html"> </a>

If it has been at least 5 full months after you submitted the Waiver application to US Customs, you can request an update from the ARO by sending an email to ARO.INQUIRY.WAIVER@cbp.dhs.gov.

However, they will simply send you an automated message saying they won't respond if it has been less than 5 months since you submitted your Waiver application. A day or two later they will respond with a generic email simply saying your application is pending.

Here is a scaled down Sample of what they will send you:

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Your application is on file with the Admissibility Review, initial security checks have cleared.

Do not reply to this message, submit all your inquiries to ARO.INQUIRY.WAIVER@cbp.dhs.gov
Admissibility Review Office

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