E-Safe Processing Times

@J Rogers Every lawyer except for 2 told me that I didn't have to wait. One said to wait a year, and one said to wait 3 months. I consulted about 10 lawyers in US and Canada.

I did ask if they are sure, and they said it depends on my ground of being banned - and with my situation it wasn't unreasonable to reapply right away (no overstays, no criminal record - they just thought I was trying to work or get married in US but had no evidence).

So I don't know, maybe they were all crooks, sure, it's possible. How long would you have suggested that I waited? And does the time spent waiting for this waiver, if denied, count towards "time served" when I reapply?

Kat,

By the law governing these waivers (you can research “Matter of Hranka”), there is no requirement for a certain amount of time to pass.

However, the passage of time is still considered by the ARO. You can research “9 FAM 305.4-3(B) (U) Criteria for Waiver Recommendation”. Here it states that recency (among other things) is to be considered.

Best of luck. I hope you’re able to fix your situation. I’m also waiting to hear from the ARO.

I was in a similar situation (not criminal or overstaying) and waited a year before applying. I got rejected with some really generic reasons but one of which was the whole recency thing. I then got a lawyer to do another application only four months after my rejection, so less than 1.5 years since being denied. My lawyer wrote a very detailed legal brief referencing caselaw relating to Hranka and I ended up with a 1 year waiver. Planning on doing my 2nd waiver, hopefully a 5 year waiver.
I think if your case has good grounds then you should reapply with a good immigration lawyer who does a lot of waivers.

[ Kombucha appended this reply on July 14, 2022 @ 8:33 pm ]

Wanna point out that I did the first waiver myself because I naively thought it was a slam dunk - the reason of the ban being fairly innocuous and that I have no criminal history.

I had two waivers before 1st was for 6 months and 2nd for 5 years. At the time esafe did not exist and it only took 2 months for me to receive it. This time i applied to renew through esafe and it was on may 30th and still nothing im ready to cry

I will for sure update you guys once i receive it@Magnus

May applicants any updates yet. It looks like they forgot about the may people smh.. I have an important event coming up on the 29 in usa but it looks like I will miss it. I applied in May 8 and still nothing. Just overstayed for 3 years no criminal record.

@J Rogers yeah my overstay was more than 5 years ago..

@Kombucha @BM thank you for the info. Every little bit helps, even just not to feel completely in the dark.

@Kombucha can I ask how long did they make you wait before sending you the denial? Vs. How long it took to send you the approval?

It's crazy that even though Hranka is the leading and most used the case for this, it still makes a huge difference to explicitly cite it vs just expecting them to apply it.

Any recent good news stories of waivers being approved fast?

@Shawn Kelly no we still waiting.. no update for the past 3 weeks 😢

A friend of mine submitted on April 1st and got his 4th waiver a few days ago. So about 110 days for him.

Hi. That’s not a good news. Does he have a unique situation. Was it an I -212? Was it on Esafe? @Certified82

@Beu

[ Certified82 appended this reply on July 18, 2022 @ 9:02 pm ]

I did not ask the particulars of his case but I do k own It was a i-192. It was through e-safe as well. May I ask why you think it's not good news? I think it's great because he did receive his waiver! Thank you

Wow. I thought the processing time will be less. It’s good news he got it finally. However it’s not good news knowing there’s a likelihood of waiting 110 days. So many of us have things planned and 110 days is way too long. I was of the opinion that the processing time would be between 75-80 days. With 110 days, my event would be late. 😭 @Certified82

@Certified82 110 days that's really long.. maybe that's why she's saying it's not a good news.

@Beu yeah 110 is way long if they keep it that long then I will also miss my important event..

@Beu Have faith and be positive!!! I'm sure we are next in cue as it will be my 75th day since submitting. I too have a family reunion the first week in August that I am expected to be attending. Im quite anxious now! Good luck to you. 🙏🙏🙏