I-194 Waiver Forum

Waiver application processing times

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K SCOTT

#1119 Ummmm...Are you saying that the lawyer himself filed the original packet and you did not apply in person with the packet at the border at all? If so, then this is a problem. Every person has to file in person at the border. No lawyer can send in an original packet. This was different years ago but you have to file in person.

Btw John is right. Run when you hear about expedited waivers and processing. We have actually listed this on our scam page. It is a 100% scam and technically CBP can take as long as they see fit to process a case. They are not bound by law to process a case quickly although they do tend to be fast with a lot of offences. The case can be delayed for a number of reasons.

https://www.usentrywaiverservices.com/scams-used-by-pardon-waiver-company

:: @K SCOTT added on 11 Jun ’18 · 12:23

#1119 I don't know any Montreal immigration lawyers. I know the ones in BC, Washington State and Toronto. I would be interested in what he claims that he sent in. If he said that he mailed your actual waiver packet to CBP himself then he either does not know what he is doing or he BSed you.

I am thinking that he said that he mailed it and that it came back and now you have to submit it in person. If true, then that by itself is malpractice. Did he also collect the $585us government fee directly from you? I know of a certain lawyer in my area that did this to a client.

Vancouverite

@JOHN ROGERS @K SCOTT

So for all of us denied due to prostitution with a 10 year ban, with no criminal record or any legal record of prostitution, will we need waivers when our 10 years is up?

I think Sara and Kimberly would much appreciate this info too.

Thanks in advance.

PS - The lawyer I went to made no promises, but he didn’t think it would be difficult to get a waiver approved for my case (or certainly did not act like it). He said he has seen many people denied for this reason and has been able to get waivers approved. Of course, these things work on a case by case basis. I’m well aware of the fact that there is no expedited process for the waiver, but I’m thinking of pursuing higher education in the states and it would certainly be helpful to know how long waivers are taking so that I can make some important decisions.

JOHN ROGERS Trusted

@Vancouverite

In all honesty i would be shocked if you got a waiver right now.

Apparently there is a bunch of people on the board who have denied entry for a similar offence so let me break this down.

If you are denied entry because you have a boyfriend or sugar daddy in the United States, and they suspect its a "form of prostitution" the same rules apply as anyone. The amount of time SINCE your "offence" (in this case them deciding you are involved in prostitution) is the biggest factor in possibly being approved. In that case, I would argue less than 3 years has no chance of succeeding.

The 10 year ban makes it even harder. I think the 10 year ban means that they MAY decide to enforce the ban and in that case they may say no anyways.

The other option is that "you didn't do anything wrong, its a misunderstanding". For this to be an option, you would need to show the actual interview. Then we could USE that as possible evidence that you are not inadmissible. Before I would do that strategy, I would need to see what was actually said to Homeland Security.

I want to emphasize that this is "general information" and every case might be slightly different. If you called and talked to me, and I told you specific information about YOUR case, that still applies.

416-843-1371 is my Cell phone, feel free to call or my work number is 905-459-9669

John Rogers

Kimberly

@Vancouverite in regards to the 10 year ban i constantly hear mixed reviews about the ban. When I have called customs thet told me tge purpose of applying for a “waiver” is to “waive ur ban” so i always get confused when i hear that u should wait til ur ban is over to apply. But do not take my word for it because the officer that turned me away also told me that “everything will be fine and ill be able to go back to the states in 3 months” and here we are 2 yrs later. Ive also been told by customs i wont need a waiver after the 10 yrs because i do not have a life time ban . But as mentioned do not take my word for it cus all of the info im geeltting is from customs officers and their info seems to be a hit or miss. Overall I think you should take ur advice from JohnRogers , he seems to know what hes talking about.

jazzsax

@Kimberly customs officers, just like police officers and others are trained to say things to get you to agree to sign off, say things, etc so they can get resolution. They rely on the fact that these techniques work, and that average joe is uneducated as to what they should and shouldn't say.

A bar is a bar. You need a waiver during a bar, whether you will get one is a different story and at the mercy of DHS.

Vancouverite

...Interesting how my (only) question gets dismissed here by John and Scott.

Might be coincidental, but I’ve asked twice now whether we need waivers after the 10 years, and neither one of them have answered.

@Kimberly I’ve heard that if we wait out the 10 years, then we don’t need a waiver after. But I was hoping to confirm with John and Scott. Unfortunately, that hasn’t been very fruitful.

Kimberly

@Vancouverite i think ive heard that we will still need one (& this is from asking previously on this forum) , but then i have also heard from US customs that we wont after the ban is up. Take it from someone that has been asking questions for 2 years now, everyone has different answers to your questions , you can ask people on this forum a question and it will be totally different if you ask customs. At least that is what i have found. I’m not saying anyone is right or wrong but i have found that everyone has a different answer for every question i have ever asked.

JOHN ROGERS Trusted

@Vancouverite my apologies, I wasn't trying to avoid the question. Once you are on the waiver program, or have been banned, you will continue to file waivers even after the ban is over.

Why would they allow you to enter after having done something wrong after 10 years, when people with simple assaults, or shoplifting have to do waivers for life?

The ban is not meant to superseed advance permission to enter. You will be doing waivers even after your ban is up.

Technically the idea of a ban is that you are not allowed to enter at all, even with a waiver.

K SCOTT

The 10-year ban on Prostitution is a mixed bag. The problem is that it is addressed differently in 2 sections of the code. You may escape one section after 10 years but the other section will still catch up to you. Also, I have always said that Trump is hard on 2 things: PPT(Trafficking & Sex Crimes).

I also think that it will be hard to get a waiver for Prostitution under Trump but anything is possible. Again, major rehabilitation has to be shown in these special 2 waiver cases. Rehabilitation has to be shown in general. We have some waiver pending for Prostitution and they were filed in 2016 and 2018. They are all still pending and we just have to wait for CBP to make a decision.

Give me a shout since I want to know what type of rehabilitation/info did was provided in your packet to show rehabilitation. Also, the sworn statement is important. One thing that people don't understand about waivers...They will use what is admitted to in the actual application. So if you did not do a sworn statement but the lawyer admitted to prostitution in the packet...then you would be inadmissible based on this information.

Either way, CBP is hard on the 2 things that I previously mentioned. We have actually developed a new technique in Surrey to get PPT convictions cleared now and it actually just worked on 2 cases. I think the same can be applied to future Escorting cases but it must be done right and applied the first time. This is also part of a service that we now offer on people that get their waiver cases denied. We can now turnaround the denials but it is major work. Give me a shout at 1 888 908-3841 or 604 332-9213.

usentrywaiverservices.com

JOHN ROGERS Trusted

@less this case you posted would have very little to do with someone who was suspected of prostitution (criminal offence) and given a 10 year ban.

I don't think it answers many of their questions, although an interesting read.

VancouverLady

I received my waiver today. Good for one year
I needed it due to admitting to usage of marijuana.
I had a lawyer help me with my application.
I applied in Feb 2017.
I had to see a panel physician.

JOHN ROGERS Trusted

@vancouverlady

Yikes? a panel physician for Marijuana? For just admitting to smoking it?

Did you submit a test or letter form your doctor with the initial application?

I assume no prior criminal record?

Just FYI, I have had 3 of these, no criminal record, all admitted to smoking marijuana.

1 was told he did not need a waiver, and given a Homeland Security guys card in case he has further problems. The other two were given September Letters.

None of the three ended up on the waiver program. All were denied entry but no criminal record.

Last one was late 2017.

less

#John, I agree with you that the article I posted does not answer/s their other/ many questions. However this article specifically addresses their concern about the ten years ban and what happens next when the 10 years ban is over. It was clearly and logically explained towards at the last 2-3 paragraphs of the article. And as you said, you also find it interesting to read. I guess both of us agree the merits and value of the information contained in the article.

Kimberly

I’m not sure if its just me. But why does it seem like prostitution or admitting to having a sugar daddy is the most heinous offence in regards to obtaining a waiver. This forum really makes u feel like u have no hope with regards to this matter. Meanwhile individuals that actually have records , that have actually been convicted, that have actually done jail time, that have actually been found & told they are guilty are getting approved waivers. Really confuses me.

BeesNest

@Kimberly I’m not sure this will be any less confusing but perhaps you’re looking at it the wrong way. What I mean is the U.S is not particularly concerned that you have a criminal record or have been charged. What they are assessing is your moral fiber.
They’re not particularly concerned about punishing you for your past deeds as they are preventing something from happening in the future.
So the fact that one has a criminal record is somewhat irrelevant, but it is a starting point for the assessment of one’s moral fiber. The nature of the crime is an indicator of moral fibre and the potential for any potential criminal activity in the future.
This explains why some gun offences are not considered a crime of moral turpitude as they are more of a crime of passion and less likely to be repeated.
Again, maybe not any less confusing but it’s my 2 cents.

B.

JOHN ROGERS Trusted

@Kimberly its not the offence in this case. Its the time since they "caught you" which is the main factor.

If this was 5 years later, you would get a waiver no problem (depending on the ban) . What your focusing on is what they are accusing you of (not a serious offence) rather than the fact that since they think you were "still committing the crime" right up until they day they denied you, then no time has passed to allow for "a change in character".

Had a person just been caught with marijuana, they would be treated exactly the same.

To me, prostitution is a minor offence. But like all minor offences, we have to SHOW Homeland Security that enough time has elapsed.

Part of the issue with certain offences is the "economic necessity" issue. Meaning to uninformed Homeland Security, they may have the belief that you would offend "just because you need money". They don't have a nuanced or informed view of this offence and people who are accused of doing it. Don't forget, these aren't Canadians, or psychologists, or even people who genuinely CARE. These are people in uniforms at the border, given extraordinary powers, who think they are on a mission to protect America.

The people on this board are Canadians, and from what I can see, we all have a genuine compassion and belief that someone convicted/accused of almost any crime, including prostitution, are not bad people. So please do not feel judged. I assure you we are trying to help, without judgement.

Michelle Trusted

@Kimberley, Sorry, I have not commented, however, I admit I have never done a waiver for someone in your situation. So, I have just been following this. If you would have contacted me prior, I would not have thought this was a big deal, to be honest. But after some research I did notice that they list prostitution as a crime of moral turpitude..I think it is one of those cases, USA has a different attitude towards it then Canada. Like DUI..in most cases USA does not really care about a DUI, but Canada refuses USA Citizens for a DUI...I would be very interested to see the paperwork that you got from Customs when they denied you and issued the ban...

JOHN ROGERS Trusted

@Michelle I have never seen people caught for this, without a prior criminal record before recently. And now I have talked to at least 4 on the phone, and it looks like at least 2 or 3 are here. My impression is that this is something they have been trying to "catch" recently, and access to electronics and cell phones have made it easier.

When I talked to the people about how they were caught, a common theme is "travelling to the US to see my boyfriend" seems to start further questioning. I don't know if people are being profiled in any other way, but perhaps the posters who have been through this could give us all some general information about what happened. If you don't feel like typing it out, feel free to call me and I will put whatever information you would like up on the forum.