Thanks for the advice. How would I get in contact with Michelle?

#1060 kscott - YEAH, the pardon centre will tell you that they think you have a good shot. They told me they thought I had a strong case when my sentence was just expiring (2 years less a day conditional fraud over 5k). John's recommendation has been wait until at least 3 years (which is this october) which I am doing, and then a crap shoot between then and 5 years.

We shall see! I'm likely going to take a crack at it at 3 years see what comes back, worst case apply again 2 years later.

Well, 212(a)(9)(b)(i)(II) and 212(a)(7)(a)(i)(I) by themselves are not as bad per se and are not permanent offences...However, I agree that it is good if you apply with 5 years remaining on the ban. Plus, you will need to show rehabilitation. Luckily, those 2 codes are not a permanent thing. So your parents will not have to get a waiver for the rest of their lives. Only bad thing is that Trump is hard on overstays which makes sense waiting for the 5 years to apply. I personally think you may get denied since among other things...not enough time has elapsed

Nicole234 It is true to not use the commissionaires...They are just as bad as Discount Waiver Companies. Michelle will give you an honest answer and will not cheat you. Plus be advised that only 3 years have passed and CBP MAY state that not enough time has passed to show rehabilitation. Luckily, under Trump, they seem to be easier on the Fraud convictions now.

Mobbu I agree with what John said about the National Pardon Centre. I know the owner there and he and I have had many heated debates in the past. It is true that they should have warned you and even should have said to hold off on filing until some more time has passed.

@nicole234 Don't use the Commissionaires in Saskatchewan. Talk to Michelle. She will give you an honest assessment.

@Mobbu The National Pardon Center is a company but they should have warned you about the same things we are warning you about here. Length of time since the overstay, them enforcing the ban etc. If the waiver is rejected make sure you demand a refund. Any one who does waivers knows that was not going to be an easy case. They should have warned you.

I need to apply for a waiver and have been referred to The Commissioners in Saskatchewan. Has anyone else gone through them for a waiver? Also I have never traveled since having a Criminal Record but only have 3 years since my date of conviction, Fraud over 5000 charge. What do you think my chances are of receiving a waiver? We really want to take our kids to Disneyland next year!

@JOHN ROGERS

Re: #1053

Can you be specific in terms of "severity of what they did"?

If you have a 10 year bar for an overstay what other factors are in play in terms of "severity". This is presuming that no criminal activity is involved in any way.

I understand the "time elapsed" thing and from what I've read on this thread for a 10 year bar a good rule of thumb is that at least 5 years needs to have elapsed for a waiver to have any sort of success.

Has anyone had any experience where this may no longer be the case and waivers may be successful after say a shorter time period has elapsed?

Are there varying degrees of "severity" in terms of an overstay ... for example -(Number of Days beyond the 1 year overstay that triggered a 10 year bar)? Or is "overstay" the same whether you overstayed 2 years or 4 years (just to use an expedient example here)

Thanks to anyone else who wishes to address this as well.

Thanks for your responses, so they are both Canadian Citizens, and i had the national pardon center in Toronto do the paperwork. They had sections 212(a)(9)(b)(i)(II) and 212(a)(7)(a)(i)(I). My dad had a health related issue which caused him and my mother to overstay.

@1052 Mobbu, my response is based on my experience, and the Border Crossings that I deal with. It may be different then John Rogers and Kent Scott, that is simply because we each specialize in unique aspects of Travel Waivers and deal with different clients' needs and wants. Also it seems that US Customs Border Crossing are different from province to province.

My experience: I am surprised that the I-192 waiver was accepted by Border Officials. The Borders here in Saskatchewan, would not have accepted it without additional paperwork such as the I-212 and a great deal of other paperwork. You mention you did the paperwork yourself? Also, I am curious if your parents are Canadian Citizens? In my professional opinion, your parents will not get a waiver granted at this time.

Most likely 1 of the 3 things will happen...

1.. Entire package will be refused due to lack of documents
2..Ban is too recent and not enough time has gone by..therefore, application will be denied.
3..Border Protection will simply not respond for a few years, you can do traces, but they will just advise "file under review." leaving you in limbo and frustrated..Sorry, I am direct..

Please keep us all advised, as this is a great learning site for general public, but also us experts...

Yes, Detroit Windsor is a bad border. Btw the book says that if a person is subject to a 10-year ban if they overstay 1 year or more. We have a guy that overstayed and his waiver has been pending since Sept 2016. It is more complex because he wife also overstayed.

There are some things that could have been added to the case to make it very strong. Essentially, in any waiver case, you have to convince CBP that you should be approved. I agree their chances maybe slim...esp since Trump took office. Another question is what codes were quoted in the sworn statement? It would be towards the last 3 sentences of the statement. Hopefully, it was only 7A...It would be easier to take a look at the sworn statement since this case may be under the complex category and we specialise in resolving complex border crossing issues anyway.

usentrywaiverservices.com

Are your parents Canadian Citizens?

The biggest factors in Waivers being successful are:

-severity of what they did
-time elapsed since

A 10 year bar for an overstay that just happened in 2017? I would say their chances are slim. The circumstances could mitigate the chance of acceptance.

Ignore the "reluctance" from Detroit. They are notorious for not wanting to take waivers.

So my parents were denied entry due to an overstay, in Abu Dhabi Airport on there way back Aug 2017, and barred for 10 yrs. They were sent to Toronto with a sworn oath and a file number written in there passport. I have gone ahead and filled out and filed the i-192 waiver at the Detroit Windsor tunnel in April 2018. both my parents have there siblings and mothers residing Stateside. The CBP officers were surprised that my parents needed a waiver and kept questioning why they were there to submit a i-194, but they accepted it. wanted to know if any one else has experienced anything like this? also they said we should hear back with in 90 days? likelihood of acceptance?

85% of people are getting them in 90 days right now. If it goes longer, it goes MUCH longer.

applied for 4th waiver on april 23, 2018 at YWG. charges are from 1989. worried about a slow down in processing times. Current waiver expires june 2018 but hoping to travel in oct 2018

#1046. You may qualify for relief under the Federal Juvenile Delinquency Act. The best thing is to get your RCMP prints done for a waiver first. We can tell if you qualify based on what is listed there and a few other things.

Hello John,

East coast

Your in a unique position. You would fall under being a juvenile, so if you file a waiver and show proof of the record being a youth record, (court documents would be important here) you may have a chance a a September Letter.

I also think its possibly DESPITE your record being youth they simply give you a waiver.

The record being sealed is irrelevant because as you pointed out, Homeland Security already knows you HAD a record.

What a shame your probation officer did that, I hope you let him know what a mistake that was so he doesn't do the same to others.

What part of the Country are you in?

Hello,
Question for john/Michelle/Scott/others:
I got in trouble when I was 16. 1st charge was for drug trafficking but I only received possession and conditional discharge.
A few months later I was caught again and was sentenced 1 year probation for drug trafficking. (Indictable offence). Both were for marijuana.
I am now almost 23, record dispensers in a few months. (Almost 6yrs since conviction, 5yrs since probation complete)
I'm sure you know youth records disappear (Sealed) 5 years after sentence is complete. However the issue is during probation my dumb probation officer told me that if I wanted to go to the states, all I had to to was call the border for advanced permission. Being a young age and knowing nothing about this I called and they said I am inadmissbale, need a waiver (they must have searched cpic and permanently downloaded the file in guessing).

I can't find much info on waivers for youth offences but from what I have read, since I was charged with the felony drug trafficking, having committed it under 18 does NOT exempt me from needing the waiver. Is this true?

If I do need one, what do you think my chances would be of recieving one? Summary:

Criminal offences:

Drug possession at 16yr old 
Drug trafficking about 2 months later (both marijuana)

Rehabilitation: (at the time I would apply)
6 years since conviction, 5 years since sentence complete (record is sealed)
Stable part time job for last 4 years
Recently finished university business degree with 4.3 GPA (best grade u can get)
Over 30000$ in scholarships/awards awarded
Will have good full time business related job in few months once record is disappeared (the record has prevented me from getting one, I have learned my lesson and remorse can be expressed)
Some volunteer experience
I've changed my life around. This the last obstacle in my way. Thank you for helping.

I have been out of the loop here since this is our busy season. I think the moderators should be watching some of the posts more closely. Although, I wonder what was the post about that had been deleted?

Anyone know what got posted and deleted?

*Samianauman

Did you receive your waiver yet ?