I-194 Waiver Forum

Homeland Security makes a BAD mistake.

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J Rogers Trusted posted

A client with a very serious conviction from 2017 applied for her first waiver. I had told her I did not think it would be approved, but she wanted to try.

We applied in May. They asked for further documents at one point, and we replied. The great thing about eSAFE, is that you can SEE when they asked, and when you replied.

She got a letter on the weekend, that she had not responded. It CLEARLY indicates on her eSAFE portal that she DID respond. Now they want $675 to "re-open" her file.

She is simply going to re-apply, because its cheaper (I always re-do the waiver for free if it is not approved), but I was actually COUNTING on seeing the rejection letter (if not approved) so we could respond to the concerns if she wanted to try again.

Now, we have no rejection letter, no "answer", and a lot of frustration.

J Rogers Trusted

Please review the documents
ARO Decision
Please review the documents
ARO Decision
Please review the documents
Status History (7)
9/30/2021, 01:00 PM EDT : Status changed to Completed
6/23/2021, 04:42 PM EDT : Status changed to Request for More Information Response
6/21/2021, 10:03 AM EDT : Status changed to Request for More Information
5/25/2021, 02:12 PM EDT : Status changed to Submitted to ARO
5/19/2021, 04:20 PM EDT : Status changed to Paid
5/19/2021, 04:16 PM EDT : Status changed to Signed
5/19/2021, 03:21 PM EDT : Application Created

This is the response, directly from her portal. As you can see, we responded in 2 days after the request. Its CLEARLY marked right beside where they then claimed "you didn't respond".

J Rogers Trusted

This happened AGAIN. This client had a decent shot at a waiver and he was asked for additional documents. (Court). Instead of an answer, they said he did not reply in the 87 days, although you can clearly see he did. How could Homeland Security miss this?

Documents Shared With You
ARO Decision
Please review the documents
ARO Decision
Please review the documents
Status History (7)
11/3/2021, 12:00 PM EDT : Status changed to Completed
9/23/2021, 04:40 PM EDT : Status changed to Request for More Information Response
7/27/2021, 02:30 PM EDT : Status changed to Request for More Information
7/19/2021, 06:00 PM EDT : Status changed to Submitted to ARO
7/15/2021, 04:21 PM EDT : Status changed to Paid
7/15/2021, 04:17 PM EDT : Status changed to Signed
7/14/2021, 03:04 PM EDT : Application Created

dllenzi

Hi,
I applied on e-Safe and was asked for more documents / information 3 weeks after taking my biometrics. They requested the translation of RCMP criminal record (since I live in Quebec and forgot to add the English version) and other additional information that has already been submitted with my application. I have not heard from ARO for about a month... I am afraid that my application may also be refused because I did not respond to the request for more information in the timeframe. Is there a way to avoid this situation?
Tks,
Danielle

J Rogers Trusted

@dllenzi If you replied in 87 days, SHOULD not be a problem.

dllenzi13

Hello,

I was also asked for additional documents, and I answered them the same day. Instead of a response, I got a message saying I didn't respond to them within 87 days, although I did. This is another terrible homeland security mistake. Have anyone tried to fix this problem in a different way by contacting them, instead of paying $ 675 to "reopen" the file or re-apply?

Tks,
Danielle

RTLR

This same thing happened to me today, we responded to request for more information and homeland security deemed the application abandoned due to non response. I can see on esafe that I responded. Has anyone found a solution without paying to appeal??

J Rogers Trusted

@RTLR

Update to this post.

When I first posted it, I ASSUMED since it was the SAME letter, that they made a mistake.

Actually, they send this for 2 reasons.

1. No response.
2. If they feel you did respond but not with what they wanted.

Example, "give us court docs and transcripts"

You send them court docs or a letter form the court saying "the documents could not be obtained" and NOTHING on the transcripts. Or they ask for "a letter in your own words" and you simply give them the same letter.

The "form letter" is used for BOTH situations. This makes it easy for THEM because they then don;t have to EXPLAIN why.

Now in the case I mentioned, she was charged with "accessory to murder" but the MAIN person who did the murder was convicted of "manslaughter" (he took a deal) . There is NO ACCESSORY to manslaughter because it is always technically an "accident" so no preplanning could happen.

So they did not understand why making up an alibi for him was "accessory" and thought it mist be more. So we gave more documents, and explained it, but they thought we had not provided the information they ASKED for.

RTLR

Thanks for getting back to me J Rogers. I’m guessing not getting them what they wanted was the problem with us. Could I have my husband reach out to you? We’d love to chat about hiring you to do the appeal for us to reopen and finish his file.

J Rogers Trusted

@RTLR

Yes of course, 905-459-9669 ask for John.
email is pardon.experts@rogers.com.

it might be better to send me the personal letter you submitted, the letter form them asking for "more" and how you responded.

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