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Hey there,
Just wondering if some Canadian criminal records are unlikely to receive waivers. I am aware that anything is possible, etc., but I also know that most waivers are granted for minor or short offending period records.
The Bad: I have a record dating back to when I was a teenager. I was spent most of my teens and young adulthood in jail, and never out long. I also committed crimes while on probation and bail, and almost always had warrants for my arrest. My youth record is for multiple b&e's, theft under and over $5000, etc.
When I was 21 (2001) I was sentenced to 8 years and a lifetime firearms prohibition for a violent home invasion (13 charges/convictions: b&e, robbery, assault, forcible confinement, wearing a disguise, etc.). I reoffended - robbed a bank - on parole in 2006, recieved another 4 years concurrent.
The Good: Was paroled in 2007, finished parole (warrant expiry) in 2010, and have desisted and rehabilitated. No arrests, convictions, or negative contact with police since. Plenty of community involvement, volunteering, was employed at the same job from 2009-2023, nor going back to school. Can demonstrate and "prove" all of the preceding.
The Ugly: Applied for and was denied a waiver in 2018. I used a reputable law firm, and I believe they treated me right. The package was professional, thorough, and not rejected for errors.
The CBP acknowledged my rehabilitation (proof of participation in a drug rehab, letter from a therapist, letter from a place I volunteered, positive newspaper article about me) and remorse. However, they said due to the multiple violent convictions, the "Sustained Pattern of Misconduct" ranging from my teens, that I committed offenses while under sentence, and and that I have a life time fire arms prohibition, the rehabilitation doesn't outweigh the risk.
My question: do records like these stand much of a chance of getting waivers?
Yes, I know from talking to many waiver services that they "have obtained waivers for worse," but I admit I'm skeptical. Most of these services will promise the moon, and then ask for more money all while claiming success rates, but with the convenient disclaimer that nothing is guaranteed. Again, I repeat, I know that most waivers are granted for minor or short offending period records, not lengthy multiple violent conviction, long prison term records.
Great post, and VERY detailed.
Can we obtain a waiver for a record like yours? Yes. You have the time, and the rehabilitation, and you have something most clients do not have. You have the roadmap. You have a rejection letter from Homeland Security, where they have told you EXACTLY why they said "no". You also (I assume) have the documents you submitted, so we have a basis to attack this case in a better position that you were when you previously applied for 2 reasons.
1. We have MORE time.
2. We have what I mentioned above. A failed effort, and the reasons why the application failed FROM THE PEOPLE WHO CAN say Yes.
I suspect you were close, but I bet the lawyers did what lawyers do. Which is write a letter that is supposed to be a sincere show of contrition, but lawyers have a knack of making it seem like "you must give him a waiver therefore....." which they HATE.
I have dealt with very difficult cases before, and usually once I see the rejection letter, I can give you an HONEST assessment of your chances.
Sometimes waivers are about "approach". This is why I NEVER let a client write their own personal letter.
My email is pardon.experts@rogers.com and you can call me at 416-843-1371. I suggest you send me the rejection letter by email, and I will respond with my honest opinion. There is no cost for this.
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