Yeah well guess you don't know what a business Facebook page. Guess it my fault for not clarifying...although guess I assumed that you knew that people don't put links to their personal FB page on their business site. :) You have no links at all to your BUSINESS Facebook page on your site unless you just made one up now..lol
September Letter
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Its a business Facebook site. I have a John Rogers Facebook page as well. I don't control the business facebook site, my associate does.
FYI: It's called a September letter because the US CBP made the first prototype for this letter in the month of September. The name just stuck and it is now colloquially called the "September Letter"
Hello
I have 1 charge of theft UNDER from 11 years ago ( I was 18).Received 4 months house arrest and 1 year probation. Have been travelling to the states yearly since and have never had an issue UNTIL last week. Stopped at the border on a random search and denied entry and sent back home. It was awful. I was asked if it was summary or indictable. I answered indictable (flustered under pressure) but have since learned that it was in fact a SUMMARY conviction.
My question is... Theft UNDER is considered a crime of moral turpitude HOWEVER if it was a SUMMARY offence does that make it NOT inadmissible? Or because I was stopped I now automatically need a waiver? Is there a phone number or site where I can find this out for sure before I get a waiver? Do I need court documents when travelling?
Please help! :)
Chelsea, you need a waiver. What will happen is one of 2 things when you apply:
1.) you will get a 5 year waiver. If its done properly.
2.) you could POSSIBLY get a letter saying you don't need further waivers. But truthfully, I have a few clients with the most minor shoplifting and they have all been on the waiver program for years.
You have been denied entry, which means you need to apply for a waiver regardless. Ideally you would have sealed the record years ago and no issue. You also incorrectly told them indictable, so they will require clarification why you answered that way.
If you need more information, call me. 416-843-1371.
What city do you live in? I am assuming you are a Canadian Citizen?
Chelsa...we have an Edmonton client with your same conviction of Theft under $5,000 Sec 334b and it is Summary. We have got her a September Letter for this offence. If you only have 1 conviction then you will qualify. If you have 2 convictions then it will be a waiver. So it is possible that you may qualify for the September Letter since we have the case law that shows why this offence does not need a waiver. If you want, you can give us a shout at 604 332-9213. Anyway, here is the link that explains about the September Letter. If this is the only thing that you have and nothing else...There is a very high chance that this can be cleared permanently. Now if you did a sworn statement and mistakenly told them Indictable, then it will be more work to show them that you still qualify.
The thing is that it has to be properly prepared and documented to CBP to show that you qualify.
Definitely depending on the circumstances...Minor shoplifting should qualify for a September Letter since we have obtained them for clients before in these cases. We have a guy in Surrey coming to our Surrey location that has a Theft under $5,000 conviction for stealing $100 worth of meat. He will qualify for a September Letter.. Again...depending on the circumstances.
We actually specialise in these September Letters because we like to save the person money and from years of the headache of having to file for unneeded waivers. They can still be obtained as long as it is a qualifying criminal conviction.
We have also got people cleared that qualified for relief under other categories as well.
@k Scott What is the cost of preparing the 'September letter'
What we will do is for people that contact us through the forum is charge them $950. They have to do the $585 separately out of their pocket. This fee covers preparing everything to include writing the letters of reference for your friends, all research, obtaining all records and writing your letter of explanation for you. We also agree that if you only get a waiver, then we will refund $700 and do your next waiver case at no cost to the client. If successful, then you will never have to apply for a waiver again and we will also show you how not to get your letter revoked. People that do not contact us through the forum pay between $2500-$3500 depending on the offence. So I am putting this out here on the forum for all to see
I had a problem over the weekend that I finally figured out a solution. There is a Discount Waiver Company in the city of Toronto that is desperately trying to figure out how we obtain these. So what we do now is either have the client come to the Surrey office and we show them in person the sample September Letters and the process of how we obtain them or we do a skype conference call and show them the sample letters and how we prepare the packets.
Again, if it is only shoplifting and depending on the case specifics, them you should get a September Letter. We have gotten them for offences like Assaulting Police, Assault Causing Bodily Harm, Death Threats, Soliciting a Prostitute, Sexual Assault, Certain Possession for Purpose of Trafficking, Certain Assault with a Weapon offences, and more. We tried to get one for possession of stolen property but they keep only coming back as waivers, unfortunately. We are trying to get one on a Manslaughter case and hopefully, that will work.
Plus, there are other forms of relief that a person may qualify under to include Derivative USA cictzenship and more. For the Derivative USA citizenship cases, we refer that one out to a lawyer that specializes in this area.
usentrywaiverservices.com
Sorry, certain Sexual Assault cases. Again, we do not post a complete list either here or the process on our site because of competitors.
:: @K SCOTT added on 05 May ’18 · 07:32
I need to see 3 things to see if the person qualifies for a September Letter.
1. All court files.
2. How the offence is specifically listed on the RCMP report.
3. Any sworn statements(hopefully none) that the person had made with CBP.
Also, for the traditional Canadian that qualifies for no other area of relief...then we cannot get them yet for convictions like Possession of a Narcotic, Robbery, Kidnapping, B & E, PPT, Certain Fraud offences and others. However, we got one for a guy convicted of Cultivation of Marijuana and another one had Possession of Cocaine in Oregon. We also can get them on people that have done sworn statements on admitting to smoking weed. Specifically, it is mostly the cases where the statement were done before 2013 and how the officer prepared them. These are very difficult to get though and the person qualified for relief only under special circumstances. I was really surprised on the Cocaine one. Laws are always changing though and maybe one day we can get them for the items above.
@Ken Scott and John Rogers, I have decided to no longer accept clients with Sexual Assaults, as it is just too much work and honestly, I have had no success with them. I currently have 4 cases on the go ranging from minor to major events. Some of these cases are into 2.5 years waiting time, not including the time that it took to gather all the documents. 3 out of the 4 cases have had the panel review assessment and 1 was refused by the panel review doctor to even do the initial assessment, and I can't find a local Psychiatrist to provide a risk assessment sufficient in Saskatchewan. Moving forward, I will refer them to either one of you, as you both have more resources and expertise in this field than me at this time.
@K Scott
What is the average wait time for letter once application is filed?
#51 Well Michelle...I agree that Sex Assault cases are a major headache to clear. We can get them cleared but it takes a massive amount of work showing rehabilitation and other things involving these cases. It is true that they can take a very long time to clear. We got one cleared about 5 months ago and it took a year and a half. He complained about only getting a 1-year waiver and I told him that he is lucky that he even got that..lol Now I won't lie..we can get them cleared but it will not be cheap since they require a massive amount of work. There is a way to get a September Letter on certain Sex Assault cases...It will really depend on a number of factors to include the court files and the actual particulars of the event. The worse case scenario is that they only get a waiver for Sex Assault. We got another sex Assault case cleared and the guy only got a 6-month waiver. I explained to him that he was even lucky to get that based on his case!!
#52 It tends to depend on a few things...September Letters for offences like Theft and Fraud type crimes tend to be are around the 90-120 day mark for the most part. September Letters on other type offences range around the 6-month mark. I still say the best thing is to maybe do a skype conference call and I can show you how everything is prepared and so.
604 332-9213
Michelle, I don't blame you. Sexual assault cases are much more difficult and even when the panel doctor charges a reasonable fee (we have 3 in the GTA) and gives a positive report, I am seeing the waiver rejected in most cases, even when they have already HAD a waiver.
This started in April of 2017 when John Kelly was in charge of Homeland Security.
The biggest problem is age of victim. You cannot submit a pardon OR a waiver without age of victim, and in many cases that can only be obtained by the arresting police. Its frustrating.
Key factors include, "position of trust?" Teacher/ student for example.
As a word of caution I have to say I am highly skeptical that if they are obviously not giving waivers to sexually based offences, and Canada doesn't like to give Pardons for sexually based offences, that suddenly getting a 'September Letter' for sexual assault of ANY type seems unlikely. In my opinion.
Well, they are giving waivers for Sexual Assault but they are very hard to get indeed. Also, the last few were for only a short amount of time. So they can be obtained but they are a lot of work to prepare. Especially so as to show rehabilitation. It is true that the biggest age is the victim. This is based on the SORNA chart. Anyway, a September Letter is very hard to get for a sex crime. However, we have had them in the past under different presidents.
@John Rogers #54, so that is why the big change..I was wondering as I have a client 3 previous waivers with a S. Assault, and last time ...denied. A tip for you..."court transcripts" which is different than court documents, most times will list the age of victim, but you are right, a police report is very difficult to get..
@Ken Scott #55, this is why I have decided to stop accepting these type of waivers, I simply don't have the time or the resources to put into it, and why I will be referring you both.
Yes, we can get them cleared Michelle but it is a lot of work. I have one guy dedicated to working on these cases for us. They are expensive to some people but they can be cleared. Specifically, we work with the individual to show CBP the major rehabilitation that is tailored to the individual. It could take 1-2 years preparation time before we even submit the packet. It depends on how severe the sex assault offence is and the age of the victim. Often it is very hard to verify the age of the victim, so we document our effort in regards to this to CBP.
The general rule is that the younger the victim, the harder it is to get the person a waiver.
Another thing is that sometimes the client does not want the family to find out about the offence and this can make it even more difficult. So far under Trump, we have not been able to obtain any September Letters for Sex Assault...yet.
Also Michelle, we will send you a 25% gift of whatever we charge the person that you send. He or she will have to have a lot of patience since these cases are simply not a walk in the park to clear under Trump.
What is the general consensus on getting a September letter for theft under 5000 that is indictable (one offence). Above someone mentioned summary may qualify but is indictable a no go?
In my opinion you are not getting a September Letter.
You are not getting a September Letter if your offence was indictable. Only one summary offence may qualify you for a September Letter. You are disqualified if it was a narcotic offence (pot counts as such) or solicitation/prostitution offences. Summary offence means maximum sentence to be imposed is imprisonment of up to six months in Canada. For US law, this means maximum sentence imposed was less than six months.