Waiver application processing times

Michelle, you are 100% correct. There is actually something that can actually be done in regards to restitution and the business being closed. We would need to get specific information regarding the business being closed though. Perhaps they went bankrupt or maybe bought out and someone else took over the accounts owing? You are in a good position in terms of this. Really would like to see your packet and with a big focus on the letter of explanation.

Now I am not saying this should apply in your case...However, we had cases where their packets had been poorly prepared by a Discount Waiver Company and CBP sent a tough RFE. We decided to let the 87 days expire and then refile the waiver packet later....while taking into account what the old RFE said. Then when we applied, we just addressed the "RFE specifics" in the new waiver packet as well as showing the case-specific relevant rehabilitation. The people ended up getting approved and no other RFEs had been sent since CBP had nothing that they could use against the person. In doing it this way, it is harder for CBP to use the RFE against you since it is addressed in the new application packet. This is a technique that we have used before but you have to know all of the information on a particular case.

There is a special reason why we did this. It is one thing if a waiver is denied for failing to provide the requested information. It is another thing if the requested information provided is either wrong, weak or unfavourable. Then what they do is base the denial letter on the information submitted in the RFE. However, being denied for not responding can be better since they cannot use the argument that the information is unfavourable, lacking or wrong...since nothing was provided. We have had to do this in certain cases. Lately, they have been sending RFEs on drug trafficking conviction cases and sex crimes...which are both our bread and butter and a headache to deal with.

Also, CBP sending out RFEs is something that can be a disadvantage to them since they can indicate what area they are focusing on. This allows us to overcome this in different ways. I think one thing is to overcome the recency of your conviction.

One trick that CBP sometimes will do is at the BC borders is to ask you what happened in your case. They see the letter of explanation in the system. If both stories do not match, then they can try to revoke the waiver. However, there is a way to overcome this problem. So I cannot stress the importance of examining the old packet that was sent in.

If waiver case is denied,then there are ways to turn them around.

Hi
I send in my waiver September 2016 .
It now has been almost 2 hours ( 21 months )
What do you think I should do o went to the border for inquiry they told me that it’s processing I call and send them e mail always with the same answer .
This was for section 212 . I don’t have a chriminil record or any charge . The agent told me I’ll be able to go on the last flight if I say yes to section 212 ( prostetution)
When I said yes he stopped talking to me and I was banned .

#1083. Let me explain how U.S. immigration law works Sarab1. I have gone through this scenario many times with clients. We had to explain this very thing to clients that were going through immigration removal proceedings at U.S. immigration court. People don't understand how the INA works. Let me explain how it works under the INA:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or
who admits having committed, or who admits committing acts which constitute the
essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense)
or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or
regulation of a State, the United States, or a foreign country relating to a
controlled substance (as defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)), is inadmissible.

So this means that:
1. Alien convicted of a relevant crime
2. Alien who admits having committed a relevant crime
3. Alien who admits committing acts which constitute the essential elements of a crime of moral turpitude is inadmissible.

I know they must have had you do a sworn statement and had you either admit to #2 or #3. They then use that voluntary sworn statement against you to establish that you are inadmissible to the USA on the basis of criminality. In their mind, you have a criminal record based on your admission. It is similar to the scenario of when you go to the border and admit to smoking Marijuana. Even if it is legal in Canada, it is still illegal federally in the USA. So essentially a person is still guilty of violating the law.

Now the other thing is that I am not surprised that it is taking this long for them to process. Some of these cases have slowed under Trump and they tend to be hard on 2 types of offences now: Drug trafficking and sex crimes.

The only thing that you can really do is email and politely ask for an update. However, in my opinion, I do not recommend emailing them too often. There is absolutely no way for anyone to speed up CBP so we are at their mercy. One thing that also can impact a case is how it was prepared? I assume you hired someone to prepare it? Btw, which border did you inquire about the status of your case? I ask because each border/region has a different personality

Thank you for the detailed info Scott and John , I really appreciate it .
Yes I won’t be going back to the border again I almost got in trouble even tho o only had all my papers with be and nothing in my car they still searched my car . It’s ridiculous but I understand now that this is their procedure . Yes I have a lawyer he was not the best but he did send my waiver and ARO has it . It’s been almost 2 years hopefully I’ll hear something soon .
Basically I said that my ex gave me money and send me western unions somewhere this turned into prostitution . The officer asked me what type of positions and if I like champagne and I would answer him because I really believeD I did not do anything wrong he told me to say yes to section 212 I said yes he said I’m denied entry to the states and will be able to go back in 4 months .
It’s been almost 2 years now

Hmmm, may I ask what city does the lawyer have his office? I do not need his name but I know the majority of them in BC and Washington State very well. I also know the BC borders very well. Plus I assume you mean that he prepared your waiver and you submitted the packet? He cannot submit the packet himself since you have to file in person at the border yourself. Yes, you walked a tightrope in almost getting an Expedited Removal and a ban by going to that border. You would have received one if you had said the wrong words.

I ask these questions because there are certain Vancouver BC and Washington State immigration lawyers that have a history of certain things. I am really hard on these lawyers and DWCs because waivers are not something to play with or be taken lightly. They can impact a person's ability to travel and even their future US immigration status for other forms of benefits like obtaining green cards. The client does not know and it is the job of the service provider to do the best thing possible that will benefit the client the greatest...whether it is in the present or future. The 3 of us hear these stories daily about these waiver companies and lawyers.

Did you actually do a sworn statement at the border with CBP? Did you sign/ initial at the bottom page of a series of questions on about 4 to 6 pages?

Some of these lawyers are worse than Discount Waiver Companies. He should have explained to you why CBP did what they did. As a lawyer, he should have explained everything clearly enough so you would not have had to go to the border to check on your case. It seems like he did not tell you as much as he should have. I just want to make sure that he did his job properly and that he aggressively represented you by preparing your case the best way possible. An example is that a certain BC lawyer prepared the wrong type of visa application for a client, gave him bad advice and had him document his investments into Marijuana stores. This person now needs a waiver based on the lawyer's work.

Also, don't feel bad since you had no idea what trick the CBP officer was trying to do. I have seen them do this before on a lot of young people in trying to get them admit to escorting or smoking Marijuana. Please feel free to contact me because I am especially interested in how the lawyer treated you, what he said to you and how he handled your case. I won't charge a penny.

usentrywaiverservices.com

1 888 908-3841

604 332-9213

what is the current processing time ? I have been waiting 85 days for mine. Still no word, I put the waiver in on March 8th .. I heard it takes 90?

Can anyone shed light on this?

Assume 4 to 6 months. If it's earlier you're lucky. If it's longer, bend over and pray. :)

I agree with #1089 Jazzsax 100%. We usually tell clients 3 to 9 months to receive a decision just to be on the safe side. However, it will be much longer to get a decision if it is a sex crime or drug trafficking. Usually, we get Fraud and violent crime cases approved around the 4-month mark. Another factor that I emphasize is how a case has been prepared. If it has been poorly prepared, then sometimes they take longer to process.

There are many factors that go into time length. One client case took 9 months to approve and it was a forgery and counterfeit money offence. He failed to tell us that he had cursed out the CBP officers at the border and they sent back an RFE asking about that incident. He was then subsequently approved after we explained what happened.

#1090 #1089 , okay understandable. No offense to others on this forum but mine was just an overstay over 6 months under a year . I have no criminal record , and the irony of the situation is I’ve been paroled back in to the states but I can’t do anything employment wise without the waiver ( I’m obviously in a rare situation) but yeah since I’m already back I was hoping I could get the waiver soon so I could start my employment again. I’ll notify the forum when I receive it I suppose.

Cheers

#1091. The rule says that if you overstay more than 6 months but less than 1 year then the ban is 3 years. A parole is not really considered an admission into the USA. Your situation indeed may be different. I always say that each case is unique in its own way.

Applied on Dec 2017. According to my friend who works US Border Patrol mine got approved May 29 2018. Havent received anything yet on the mail. I will let you know when i get it. Hope this helps

Oh by the way, mine is an an overstay 2006-2011.

@Gamma
#1093

I gather your overstay was about 4-5 years so you must have gotten a 10 year bar.

How long after you got denied entry (what year were you denied entry at the border) did you wait before you filed your waiver?

#1094 Samuel this is a very good question. Did she file right away or wait 1 year? We generally file 1 year after the ban.

@K SCOTT
#1095

If Gamma received a 10 year bar (given an overstay of over 1 year) from what I've been seeing on here it seems the most prudent approach (from a variety of sources here commenting) is that one should wait at least 5 years into that bar before even submitting a waiver.

You're saying you generally file 1 year after the ban?

What kind of success rate have you been having with filing so soon after a 10 year ban?

Hi K Scott do
You have a cell number I can reach you at

Thanks

Got in US on 2007. Left Dec 2011. Came to Canada July2012 as permanent resident then became citizen Jan2017. Went to the US border and thought I can enter with the blue passport til the border officer told i needed a waiver. Hence i was denied entry. It was Feb 2017 when i went down Cardston. I applied Dec 2,2017 for waiver and got approved may 29 2018.

I received the letter today. 2 pages and says valid for a year.

Hope this helps

@Gamma
#1099

Did you have a 10 year bar for an overstay? Is that what it SPECIFICALLY said on your paperwork?

When you were denied entry at the US border did they take a sworn statement from you?

I'm just curious as to what your process was.

Thanks in advance for any further light you can shed on this.