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#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.
Thanks for the advice. How would I get in contact with Michelle?
@1062 Nicole234, Hi, my contact info is info@fingerprintpardon.com or 306.205.2532 or you can text 306.531.8886. Also check out our website at www.fingerprintpardon.com
Thanks J Rogers and K Scott for the referrals...
Alright all this is good to know. Initially when we had gone to speak to them they said we can give ti at shot and even said they have a 80% success rate. they took forever to review the file and was only able to speak to the receptionist through out the process which should have been a red flag all along. I will definitely peruse for a refund if it doesn't go through. How long should we wait to reapply? Also how can i get in contact with either of you?
For me at work is 905-459-9669 and my cell is 416-843-1371.
I am in Brampton.
Ok sounds good. My number is 1 888 908-3841 or 604 332-9213. Btw...this is the reason why they are hard on waiver cases under the Trump administration. The reading is very dry and long. I know that this is long and very dry...However, this is essentially the reason why it is harder and more work getting us entry waivers under Trump.
usentrywaiverservices.com #usentrywaiver
We are in Surrey BC, Burnaby, Winnipeg and Europe.
Just spoke with Michelle this morning and she was SO helpful! I will be going through her this fall to start my waiver application! Thanks for referring her!!!
Still looking for some input on this:
Are there varying degrees of “severity of offence” in overstays as it pertains to the adjudication of waivers?
For example if you got a 10 year bar for an overstay and your overstay was 18 months is an overstay of (for example) 48 months looked upon as “more severe” an offence and thus lessens your chance of getting a waiver?
Or is a 10 year bar looked upon as a “blanket case” regardless of how long the overstay was beyond the 1 year that triggered the bar?
The overstays can have degrees of severity yes. But more significant is the existing ban or time from the actual overstay.
Samuel, there are no absolute answers to your question. Risk the $585 and find out for sure, or simply wait until the 10 year ban is up and apply then.
Yes, the overstay is an overstay...simple as that. Now what might factor in is what they have said in the sworn statement. It is one thing if they overstayed 2 years and just stayed at home watching grand kids..It is another thing if they overstayed15 years are were running multiple businesses without authorization. So your big thing will be the sworn statement.
An example is that we have a client that overstayed in USA for 40 years. He also made a false claim to USA citizenship which is very difficult to get a waiver for. We got him a 5 Year Waiver after his lawyer said he was not eligible for one. Plus we had to account for the 40 years to show that the time period should not be used against him. He is actually on one of our internet radio shows as a guest.
Another client overstayed by 5 years to be with his 6-year-old son since the mum was a "witch"....and would not bring the son to see him in Canada unless he paid $15,000 a month in child support... instead of the $10,000 a month that he had already been paying..CBP was really harsh with him and only gave him a 6 month waiver. Also, it did not help him that he worked as a business professional without a visa during the 5 year period.
Again, the point is the severity will be determined by what they have admitted to in the sworn statement and the case-specific circumstances.
@JOHN ROGERS and @K SCOTT
Thank you both very much for your input.
And yes I'm aware there are most likely no absolute answers pertaining to these things... I'm just trying to suss out a general guideline here. Knowledge is power and I appreciate getting an "education" here.
Cheers to you both!
Hi,
Quick question for any one who can help/give me advice
I applied for a waiver back in February for a fraud over 5000 charge convicted in 2012 I had a resituation payment to the retail giant who went bankrupt and isn’t around any more
So I get a letter from home land asking me to provide all evidence pertaining to my reformation of character and any rehab or counseling I attended.
And also proof or resituation payments or payment plan.
So what do I do know is my question
Thanks for any input on my situation greatly appreciated and maybe some
One else has something to learn from
This or has gone through a similar scenario
These restitution have only been a factor more recently.
Most importantly, respond. No matter what BEFORE the 87 days.
If you did not pay the restitution, do not admit to that.
-Since the retailer is out of business, still go to the court in question (Unless you did this in your original submission) and get court documents
-go online and prints out whatever you can find showing the store is out of business and make sure you highlight the dates etc.
-write a letter explaining you are responding and detail what you have gathered etc. In my opinion, your best chance is to say "I can no longer get proof I paid the restitution because of...."
If you tell them "I didn't pay them because they went out of business", you might not get the waiver....ever.
Don't forget when you pay restitution, its usually NOT to the store anyways, its the insurance company that covered the losses. I bet they are still around.
I am still unsure why this question comes up. We have never had CBP ask us about restitution in any types of cases...whether Fraud or not. In fact, these get approved usually in the 4-month mark. We have a lot of clients that have either ran Fraud rings or did major credit card Fraud and they have never asked this question. I can understand the reformation of the character part since we naturally show it in the initial packet anyway.
It is true about not admitting to the restitution part. I will take it a step further to say that you should not even be mentioning anything about restitution in these packets. Also, did you do your own waiver or did you hire someone? I ask because I often hear things like this happening from these Discount Waiver Companies.
I think it sounds like they did not show enough rehabilitation in your packet. Every waiver case has to essentially show rehabilitation but we tailor the particular rehabilitation to the specific individual. It is not a matter of throwing in 2 letters of reference to show rehabilitation...Not saying that is all they did.
Now you really have to address the reformation of character/rehabilitation in your RFE since you only have 87 days to respond. Also, there is a way to address the restitution depending on your circumstances. I think one thing that may have hurt you is that you applied just over the 5-year window. Generally, the earlier you apply, the more rehabilitation that you have to show.
Also, what was your restitution amount? Yes, I think you should verify that no one has taken over the operations of the former business. What was the name of the giant retailer? The proof of character reformation is the easier part. Also, hopefully, you kept a copy of your application that you submitted. You should go to that and examine what was shown as rehabilitation and just build more upon that. Understand that this is a bit trickier since we do not have a copy of your packet in front of us hat was submitted to CBP.
IN the past year we have seen 4 restitution, which were never asked for before. All first time applicants.
One was an Arson and over 200K so not surprised. In one case 17 k in clothing. Again not everyone but the dd one here and there.
IN all cases the people asked had paid it. In one case we had proof so showed the proof it was paid upfront. In that case they made the person "prove" they served probation. Ridiculous and it was a hassle getting the proof. Again, these mostly see like "one offs" and not very common.
Ken, I am not a discount waiver company and have had a couple. Your telling me with the guy who had burned 200K in school buses was your client Homeland Security would have focused on "rehabilitation" and not asked if they guy ever paid for them? (He did by the way)
I think your sample size just hasn't gotten one of these across your desk yet, especially since it only the occasional one.
@Dan 1990, #1072, Yes, I am not surprised they asked for this, I deal with this all the time in Saskatchewan. There are a few things you can do...and you must send info back within 87 days from date of letter, which maybe already a few weeks old. If you do not respond within the timeline, your file will be closed - period..no exceptions. I agree with K Scott, I don't think you provided enough information in your personal letter. That letter must talk about rehabilitation, paying restitution, ect... Court documents may not help you as the restitution was paid to victim, and they don't keep track of that. Both John Rogers and Ken Scott gave you good free advise.
I can help you, but unfortunately, I would charge a fee, as now, you are getting into more specialty area where you need expert advise. If you are interested, please text me at 1.306.8886 or email info@fingerprintpardon.com . At that time, I will ask some for quite a bit of information, ideally, I would like to see copies of your paperwork. I would then provide a quote of the work required. Thanks!
#1076 Michelle is 100% correct. Dan do not miss that 87-day window. If you miss it, there is a 100% your waiver will be denied. Dan try to get a copy of what you have submitted to CBP. If you used a waiver company, ask them for a copy. It is your right since you paid them to prepare the packet. They should have no issue in providing a copy to you.
It may possibly be a bit tricky if you do not or cannot get a copy since then we would have to base it on whatever you tell us and the details listed on the RFE. However, there are some safety areas that can be used to answer the reply if you are unable to get the copy. Those letters of explanation are highly critical to any waiver case and they definitely closely examine them.
Luckily, you have guidance from the 3 best people in the waiver industry...literally covering all of Canada from the East to the West :).
Thank you for the responses guys I will give you a little more information
So it was credit card fraud at a retailer that no longer exists and restitution was set at around 30,000 dollars. I havnt got any notices or anything to make payments on it so I’ve left it as is
As far as rehab goes I wouldn’t mind signing up for classes if it improves my chances of getting the waiver
And yes I did unfortunately
Use a company to do this and I wrote a very long letter and three references as part of the application and I did photocopy it all and can be brought to a meeting
And honestly really really good advise and I appreciate it I will be in contact with you guys through out this process hopefully I get it would mean the world to me as my girlfriend is studying in the USA and we barely see each other, also all this happened as we were headed to Hawaii where I planed on proposing but it all fell apart so fast, I’ve been to the United States over 20 times since I got charged with no issue but this one time in Vancouver the officer wasn’t letting me go through
