Any update on I 192 process

@Magnus

About 1/3 of the waivers i do here in Brampton are for things other than criminal records. Misrepresentation, smuggling and alien, tried to get asylum, overstaying.

Any ban can be overcome. Time helps significantly. 20 year bans are rare. When a person is denied entry to the United States, they are "technically" permanently banned. The waiver "waives" this ban for the duration of the waiver.

Michelle and I are usually trying to legitimately answer your questions. Ken sometimes does this, but sometimes he is trying to create a scenario where he "sells" a unique ability to do something others cannot, even though he is really doing the same thing. This causes confusion. (see long winded answer above which is less about helping you, and more about promoting HIM)

If you have misrepresentation, you need a waiver. You can get a waiver. Back to the main problem, you filed on eSafe but did not get to do biometrics. Did you get a response to the email?

Just to make it clear and for the record here I DO NOT have a misrepresentation charge it was just something I was curious about. I have an overstay and that is all... no criminal convictions and/or conduct on my part.

I have yet to apply for any waiver at this point.

Is it possible that in adjudicating a waiver they could slap a misrepresentation charge on you after the fact? For instance in the adjudication process they find something they deem as “misrepresentation” (not in one misrepresenting something in their waiver application but them retroactively going over your original charge of overstaying) and then slap that charge on you and deny your waiver?

Once again this is just something I’m curious about.

Having spent time in America let’s just say I’m not very trusting of how they operate as it is a country that spends a great deal of money and resources on “social control” (particularly for people of colour) and not like here in Canada where much more of our resources are spent on “social involvement”.

Btw anyone have any sort of inkling when waivers will start being accepted again and if more POEs will have eSAFE capabilities?

In addition I’d like to thank Michelle, Ken and John all for their respective efforts here in trying to keep us “lay persons” informed.

@Magnus

No, if they found you "untruthful" they would probably just deny your waiver.

I think April POSSIBLY for waivers. Just a guess.

Overstay, after about 5 years you should be ok to apply. (In the majority of cases)

Sorry I had mixed you up with the person who started the thread.

@Jordan any luck on the email inquiry?

@Magnus They cannot hit you with misrep unless there is something in your sworn statement that could indicate this. I am assuming that you only have the 7A 5 yr ban? Also, yes, they will go through your entire immigration history and focus on anything that they consider is questionable. They will not necessarily come out and deny your case if they feel misrep. They have to find something that leads them to have what they call “reason to believe.” They will likely send out an RFE anyway if they have any questions. Be careful of where you get your info since some people have no clue of what they are talking about. We deal with a lot of former heavy traffickers, serious criminality offences, alien smuggling and much more in our Surrey B.C. Burnaby and Vancouver offices.

John does not have the training or knowledge regarding how to interpret and apply the basic principals of these cases. Filling out a form is fine, but you have to have a background in understanding the law and how to interpret properly apply the principals. A monkey can be trained to fill out a form, but you need someone that can demonstrate to you that they are competent to perform the task at hand. Most people can usually tell when they meet, he person or chat on the phone with them.

John despises anything to do with lawyers due to his inability to be seen on their level. I work with firms, I have no feelings of insecurity, and they share a lot of their techniques with us. I also have access to their manuals and techniques. I have a tendency to go by what the manuals say and use proven techniques of success. I do not dream and make fake claims of accreditation since most people from here and our clients only care if the job gets done or not.

I will say in your case that you can likely apply when the border has started accepting waiver packets again if more than 1 year has passed. Also, I also assume that you overstayed 1 year or more and did a sworn statement? Did you go through removal proceedings at the border or at an immigration court? You might be in a good position to save some money by only having to file for this waiver 1 time.

Our website clearly shows the types of cases that we deal with and win. The only that I can say to you is to make sure that your waiver provider knows what they are talking about. Also make them show you the principals in the actual regulations and manuals. This is what we do, and people seem to appreciate it.
Again, I think you have a good chance of saving some money in the future but do not use Batman to do your waiver.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

@K SCOTT

I have a 10 year ban and I've already done 6 1/2 years of it. They banned me at the airport when I was flying through Calgary. It's been pointed out to me that yyc is considered one of the worst places to fly through as one is dealing with redneck officers. I've flown out of Toronto and Winnipeg and Vancouver and have never encountered the level of disrespect I've received when flying through yyc. I've heard immigration lawyers in America tell clients to avoid yyc if they can so obviously yyc has a checkered reputation with their American CBP.

I was unable to prove that I had come back and forth across the border via car because oftentimes they don't swipe your passport at the land crossings. The CBP officer even owned up to the fact that they often don't enter your passport information into the computer at the land border crossings. He explicitly said that was a flaw in the system and it was something that pissed him off.

I even know of a person who, just a couple years ago, driving from Spokane, Washington to Alberta forgot her passport back in Spokane and was allowed to cross back and forth with just her (Washington State) driver's license. I guess some folks got it like that. Good old Alberta... land of the Proud Boys.

It's difficult to have confidence in a system that obviously is very flawed.

@ Magnus yeah it sounds like you only have the 7A violation. I know for the fact that they likely did a sworn statement with you and they had you admit that perhaps you overstayed in the USA by 1 year of more. Hence, the 10-year ban. Btw, the book says that if you overstay more than 6 months but less than 1 year, you get a 3-year ban. The 1-year ban is something that is not set-in stone per se but is only an officer's order to stay away.

Also, you definitely will qualify to get your waiver approved if you have it ready for filing for when the border reopens. I suggest that you do your own case and save the money. You can always give me a shout and I can talk you through everything. I will not charge you a penny since you would be doing 100% of the work yourself. We can also do a screen share and go over some techniques and case law that would make your case a slam dunk.

There are a few things that will definitely make your case as strong as titanium. You seem like a good guy and I would hate for you to get bent over by a Discount Waiver Company. The big thing is hopefully you kept a copy of your sworn statement.

Think I will do that screen shot internet talk radio show episode tomorrow and go over the particulars with a case similar to yours. I am always around and available pretty much 7 days a week.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

[ K SCOTT appended this reply on February 13, 2021 @ 6:18 pm ]

Sorry, meant to say that you have the 2129B & 2127A violation. The 9B is the overstay and the 7A is the one where they feel you do not have the proper documentation and such. Also, this factors into the presumption of intending immigrant category. So yeah, they got you for 2129B & 2127A.

Sorry for the omission, I hold myself to a personal higher standard and always like to ensure that accuracy is unquestionably factored into my posts.

@magnus..thank u for sharing with us. As I stated..I would not be able to help u with a waiver as ur ban is under the 7 year mark of a 10 year ban. . John and Ken r much more familiar with this..speaking of them..I honestly have to say I never looked at a denied entry into the usa the same as a ban..I have always associated a denied just that..not really that serious..a ban i associate with Immigration reason and more serious..I think just from my experience.. anyway..please keep us posted on process and results u get..

@Jordwn

Yes, for 2 to 3 weeks, which is why I started the thread

"Big news!" that is 2 spots below this.

@Jordan We have a client where the border recently did his prints. The interesting part is that he was 2 months passed the 45 day limit. I cannot speak on your case but our guy went down 2 weeks ago to do his prints from his Jan 2021 Esafe application.

Ken Scott
Senior U.S. Immigration Law Intelligence Analyst
www.usentrywaiverservices.com
888 908-3841
604 332-9213

@Jordan after 45 days it is considered "abandoned".

If ken REALLY has a client like this, lets have him print his information from the eSAFE website. It will clearly show all this information.

@Jordan

Thanks for the update. Most of my clients are getting it 10--14 days after the fingerprints.

@Veronica

This is not an easy waiver. You don't have much "time since" you overstayed, and you have a number of red flags. Like a lot of Canadians, you are thinking that "family in the US" and "PTSD" are going to help but it is the absolute OPPOSITE. I don't think your chances are "impossible" but the longer you wait, the better your chances will be.

This is an application you need help with for sure. I would be happy to talk a bit on the phone and give you some advice if you want. 905-459-9669. John Rogers. You do not need to wait 10 years to get a waiver, despite the ban.

@Melissa ok, you used the useless email that is where you got that term. There is nothing you can do, you just have to wait until they reach a decision. The length of time means it probably has gone to a supervisor, so understand it could possibly be a rejection. Possibly.