I-194 Waiver Forum

So confused...

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Mark798 posted

I need to apply for the i194 waiver, but there seems to be so much info.
I went right the source and got a check list from the US Custom and Border web sit and just want to see if i'm on the right track.
I'm hoping someone can help me!

Below are the documents they are asking for. I will post my question under each one.

The Form I-192 application package must include the following:

1) Evidence of your Citizenship.
I’m assuming a copy of my passport would work?

2)Completed Form I-192 signed and submitted by you (no copies).
Pretty Straight forward...

3)A properly executed Form G-28 must be included with the application if you have retained an authorized person to represent you on this specific application. ( Form G-28 )

I fell into this trap and had a company start this process for me. They got me for $250.00. I cancelled the process.

4)U.S. Fingerprint card FD-258. This fingerprint card will be completed by a U.S. CBP Officer at the time of submission of your application.

Will they provide this card when I get there or is this something I will have to bring with me?

5)A Form G-325A completed and signed by you. Please ensure that all copies of this form are legible.
Pretty straight forward...

6)If you have a criminal record in any other country's court system, you must also obtain a copy of the applicable record or an official letter from the court of jurisdiction stating the reason why a copy of the record is not available.

I have a criminal record, but all my convictions were here in Ontario, Canada….

7)Canadians: To obtain verification of your criminal record or evidence of a lack thereof from the Royal Canadian Mounted Police (RCMP) by submitting your fingerprints on Form C216C. The returned Civil Product and any accompanying records must be dated and endorsed by the RCMP within 15 months of submission with your Form I-192. For instructions, addresses and payment information, please visit the RCMP website.
Do not submit the Form I-192 application until you have obtained the documents from the RCMP. Incomplete packages will not be processed.

After my finger prints have been submitted, will the RCMP send me a copy of my criminal record?

8)A copy of the official court record from the actual court of conviction indicating plea indictment, conviction and disposition for each and every crime committed anywhere in the world.

This one really confuses me, I have three convictions. One in Toronto, another in Sudbury and another one in Oshawa. Does this mean I need to go to every court in each city and try to get a copy of my records?

Any tips of advice would be greatly appreciated. Thanks!

mark798

Just to add to the court documents, What documents from the court do I need? Is it a single print out of all my charges or each page for the case?

Frank Jr. Trusted

Okay, now that you're here, let's review things...

The fingerprinting card (now done digitally) is not something that you'll have to worry about; it will be supplied when you submit your documents and pay the fee.

You will need certified, stamped copies of the documentation of each conviction that appears on your RCMP record. Explain to the court official that you require this for the purposes of receiving a travel waiver. Expect to pay a nominal charge for photocopy services. Do NOT send the originals of these documents in to DHS, but rather photocopy all of them front and back and submit the copies. In this way you will always have the originals for future renewal applications and you may find that over time these records will become inaccessible to you should you approach the court and find out that they are in archives, etc.

With respect to obtaining your certified RCMP records you should be aware that this process alone could take 120-150 days so start this first. There's no shortcut around this.

And yes, unfortunately you will have to approach each court where you were convicted and get those records as I described above.

Frank Jr. Trusted

And yes, a copy of your current passport will work just fine.

mark798

Thanks for the replies!!!
Question: I was arrested and charged in Calgary about 7 years ago, but I was never convicted. They entered into a stay of proceedings and that was the end of that. Would I need to somehow get documents from Calagry as well?

Frank Jr. Trusted

I would only get documents relating to actual conviction(s) that appear on the RCMP record, nothing more, nothing less.

Frank Jr. Trusted

And just to add here that if the court documents normally describe the disposition of your sentence (incarceration, probation, etc.) and you were given a lighter sentence than the maximum, you may use these facts to your advantage in your letter of explanation such that while serious crimes may have been committed, you have mitigated their severity due to taking full responsibility, offering restitution, not wasting the court's time and resources, etc., etc....whatever factors you may feel will improve your case there.

mark798

Thanks again for the info. I just went today to get my fingerprints done electronically and sent off to the RCMP.
I am having trouble getting the required court documents without dates.
The place I got my finger prints done at can get me my criminal record the same day. I am thinking about getting that just so I can get all my conviction dates and order my court documents.. That way, when the RCMP paper shows up, i'll have everything ready and just head to the border to file for the waiver.

Frank Jr. Trusted

Well if you can get it same day then go for it! I would have flown across country to do this to save the 120-plus-day wait...if you wouldn't mind sharing where you're getting that done that would be helpful ;)

Mark 798

Sorry for the late reply, I didnt see your last reply until now.

So I went to a place called World Wide Forensic Services. They did my prints and sent them off to the RCMP at the end of Oct 2016. I just got the letter and print out of my official record back from the RCMP.

The print out of my criminal record that was given to me by World Wide Forensic, was not valid or notarized, but it gave me the dates of my convictions so I could get the ball rolling.

Vancity girl

You need to include every court document regardless if you were convicted or not...

Mark798

Hmm, All I have is my criminal record from the RCMP to go off of. There have been cases where I was charged and not convicted. I have no way to get that info.

Sha

Hey @Mark798

If you have the official RCMP record, what you want to do is get the court documents that support what is on the RCMP record. If you were charged and not convicted does that mean you had a court case and found not guilty? Can you please explain this a little more?

Mark798

@Sha

I was charged in Calgary and was out on bail. The courts then entered into a stay of proceedings about a year later. Charges were dropped a year after that.

Mark798

@ Sha

There is no mention of it on the RCMP official paper work though.

Sha

@Mark798

Ok Thats a a good thing if it not on the Official RCMP paperwork. That should be ok, but just to be on the safe side, you should go to the court you received bail in Calgary and ask for a court disposition to make sure nothing is listed there. Have you received a pardon/record suspension for your crimes? If you want some help or advice shoot me an email shathafuture@gmail.com

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