Waiver Inadmissibility

Marlonposted 3 years ago

I read that even with a waiver you may not be admissible if your drug charge was for over 30 grams of marijuana.

http://uswaiver.blogspot.ca/2014/12/us-waiver-inadmissibility-decision-chart.html

Has anyone managed to acquire a waiver and successfully enter the USA with charges beyond drug charges beyond 30 grams of marijuana?

Replies (recent first):

@Michelle I was at the airport and the Moncton guy was back again. the esafe system was "down" last week. People who have used it say it saves time but the system has to be working.

Big advantage is also the waiver is downloaded once its granted. Won't be lost in the mail that way.

John Rogers replied 6 months ago   #74

@John Rogers, how is the e-safe doing? Are more people using it when you visit the airport?

Michelle replied 6 months ago   #73

@BackToUSA those sites are not eSafe sites.

John Rogers replied 6 months ago   #72

#77 then Calais, Houlton, Fairfield, Van Buren and Madawaska, Maine would all fit the bill. Calais is 2.5 hours from Moncton.

BackToUSA replied 6 months ago   #71

@Michelle $465 US to file an I-824 (replacement copy of waiver).

I tell my clients to place an excellent copy of their waiver back in the US envelope it came in. Usually if you pull it out of the envelope it makes it look more like the original.

Don't lose it!

John Rogers replied 6 months ago   #70

Additional to #78. MOVING AND CHANGE OF ADDRESS......I tell my clients "if you move and do not do a change of address at the post office while you are waiting for an application approval. DON'T CALL ME TO ADVISE YOU HAVE NOT RECEIVED YOUR WAIVER." ..I will not help you..period...... There is a form that you can fill our and send to USA Customs to update your address...if never works.....SPEND THE MONEY and do an address change at Post office. Other wise your waiver gets lost and you are going to have to send $405 USA Funds to replace it..

:: @Michelle added on 09 Sep ’19 · 13:48

Sorry, correction" You can fill out"..."it" never works...

Michelle replied 6 months ago   #69

Important Notice to all individuals who have current waivers.

1. Make several copies and put them in a few different safe places if you don't have a copy..you will need to request one from USA.

If you lose your waiver for any reason - lost, stolen, damaged, unknown....USA Customs will require an I-824 and a replacement fee of $405 USA Funds to replace it.

Also you will need to provide a detailed letter explaining what happened to your waiver.

So if you waiver was stolen, make sure you file a police report and put it on your list of items missing to your insurance company. In some cases the insurance company will pay for the replacement.

If you waiver was for 1 year only or is within 6 months of the expiry date. You best opinion is to start a renewal process.

If you have questions about a waiver or pardon application, please contact me at info@fingerprintpardon.com

Michelle replied 6 months ago   #68

@BackToUSA those are RCMP fingerprints. These were fingerprints taken by Homeland Security.

John Rogers replied 6 months ago   #67

#74, somebody tell the dude from Moncton NB he could have had fingerprints done at commissionaires on St George Street. They’re fully booked every day but I was in within 5 days. Much easier than a flight to Toronto!!

BackToUSA replied 6 months ago   #66

@Adelaide

Yes apparently according to the website only specific ports do it.

On Tuesday at Pearson Airport a guy flew in from Moncton NB to do the fingerprints because this was the closest place. He had a 230 flight back and asked if he could go earlier in the line (reasonable because all he needs are fingerprints) and they said he would have to wait. I gave him my card and didn't hear from him so I assume he made it.

@Michelle great information on both the DUI and Discharges.

Form a practical point of view, to remove a discharge, you STILL must do fingerprints or else I find it sits on the record, even though they SAY they will remove it automatically. Yes, but only when it is brought to their attention....there is no group that is going around looking for discharges to remove. So once the 1 or 3 years have elapsed, get fingerprinted. The RCMP will see it sitting there, and remove it.

John Rogers replied 6 months ago   #65

@ John Rogers @Michelle

Are there only certain Ports of Entry that currently do the eSAFE program for waivers?

And @John Rogers, @Michelle Thank you for the reply at #60 & #61 respectively (I'm going to assume that is you and not the clown muppet who has too much time on their hands).

Adelaide replied 6 months ago   #64

There was some discussion on one of these items regarding conditional and absolute discharges. I do not have a scanner, but I received this letter today from the RCMP attached to a client's criminal record who has a current conditional discharge showing, as I have stated, a conditional discharge will show up for 3 years from date of sentence.

This information is from the RCMP Civil Fingerprint Screening Services and all credits / references belong to them.

Please be advised that the amendment to the Criminal Records Act Bill C-71 which received Royal Assent on 1992-07-24, has provision for the removal of all absolute and conditional discharge entries received after 1992-07-27. This action will be taken automatically and a Pardon is no longer required for its removal.

Under Sec. 6.1 of the Criminal Records Act, the Commissioner shall remove all references to a discharges under Section 730 of the Criminal Code from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police upon expiration of the relevant period.

a. One year has elapsed since the offender was discharged absolutely.

b. Three years have elapsed since the offender was discharged on the conditions prescribed in a probation order.

Hope this helps to clear up any concerns or thoughts regarding this issue. Please contact me anytime at info@fingerprintpardon.com

Michelle replied 6 months ago   #63

Hi All, Just a reminder: You do not require a US Travel Waiver if all you have on your criminal record is (1) one DUI.

Unless you have been told different by a USA Custom Officer, it is a waste of time and money to apply for a Travel Waiver for this offense.

Exceptions:

1. If you have dangerous driving causing death or causing bodily harm, attached to the DUI, you may require a US Travel Waiver.

2. If you have 2 or more DUI you may require a US Travel Waiver. (you are showing a criminal behavior pattern).

3. If you have a current waiver, and you are convicted of a DUI - USA will review this when you renew your waiver and you might have to submit to a Panel Review or you may receive a 1 year waiver or less. This is no different then if you have a Pardon and you are convicted of a criminal offense including a DUI - your Pardon may be revoked.

As always you can contact me at info@fingerprintpardon.com - Thanks!

Michelle replied 6 months ago   #62

#68, John...Yes, this is true for me also, I only post on here during the weekday, also, my nights and weekends are limited to text messages only.

Michelle replied 6 months ago   #61

I always read all the posts when I get in and will point out which ones are not mine.

I only post when I am at work BTW, and never at night and generally not on weekends. (When I work on Saturdays its usually just 11-2)

John Rogers replied 6 months ago   #60

#65, the real John..LOL..I am not even sure anymore of who is posting what...I am trying to get this back on track by posting real, valid information from reliable sources. This way, Mr. Crazy, whoever, he is, can't dispute it.

Michelle replied 6 months ago   #59

@Michelle

The RCMP link is a great one.

That is not my post at #64. HATS is completely destroying his credibility by doing this. Especially for such an innocuous comment.

John Rogers replied 6 months ago   #58

Great information from the RCMP Website : Managing Criminal Records...Please read!!! Most of these items have been covered extensively by John and myself.

http://www.rcmp-grc.gc.ca/en/managing-criminal-records

Michelle replied 6 months ago   #57

@Adelaide, Yes, I do have different paperwork requirements here..I can only guess these are the reasons why...

1. The closest USA Customs POE to me to deliver paperwork is 3 hours away.

2. The Custom Officers at this port are not there for very long..a few months at best. Training and a basic understanding of the process is limited at best.

3. Many times the Customs Officers make decisions regarding the waiver application when you drop off paperwork, (this is usually based on their own personal opinion.)

4. The volume of waiver applications is minimum compared to other places such as Pearson International, Edmonton or Calgary International. Therefore, I think paperwork is held up for a few weeks before being forwarded to Head Office.

Michelle replied 6 months ago   #55

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