US Waiver

@Michelle - depends how you view the restitution. Restitution attached to the sentence and probation order has been paid in Full. Requirement was $200 per month for the 5 years. (ie, $12,000). Even though I still have 25 months of probation left, I've paid that off early.

I also received a stand-alone restitution order that could be registered as a civil judgement (but it has *not* been as part of an arrangement with my former client working with me to address the amount without it showing up on my credit bureau). That was for $104k, of which I have been aggressively paying it down. I expect that to be done by the end of my probation, if not shortly thereafter. That order isn't mentioned in my conditional sentence or probation order. I assume though they include that as part of the requirements before the waiting period starts. I have hammered down

I am aware presently that the time starts at end of probation / sentence/etc. And that it's currently 10 years --- hence why I was hoping they change it back to 5 (and in the calculations above).

@Michelle I don't think it will matter how they do fingerprints for Waivers.

If you think about it, if you have a pardon and are doing a waiver anyways, it probably means you were caught, so they know you have a record anyways.

The only situation I could see it having an impact in is if you have a record, seal it with a pardon, and are then denied entry because of something else. (overstay for example)

Then you would be inadmissible because of the overstay, and the record as well. But this is pretty rare.

@jazzsax1, okay, sounds good, if you are ever interested in a Pardon, definitely give me a call, especially if the changes happen.

@John Rogers, It will be interesting to see if it applies and the effect it may have on people for sure..

@Tanya, yes even if you don't like in Ontario or BC, by that time the rules will have all changed. 5 years.

@TiredGuy I would go to your nearest border and see what can be done. Sounds like you did everything right and they forgot to add it. Unless....does anyone know if they ONLY add it if you have the Visa already? Maybe thats a change recently?

@227, TiredGuy, I think you received a standard waiver only. You will need to apply for the appropriate Visa now.

A standard waiver allows you to work in these type of settings:

Canadian Employed Truck Driver hauling freight for into the USA and back to Canada.
Canadian Employed Railway Employee driving trains through the USA / Canadian borders.
Private Business owner - attending conferences, meeting USA clients, buying USA products, ect.

You cannot use this waiver to move down to the USA and attend school or applying for jobs.

I agree with John, go to the nearest border and double check, I would also call the USA Consulate and review with them.

#225 It will depend on a few things. It will depend if they have in their systems that you mentioned you have an interest in getting a J-1 visa as part of your purpose for entering USA. Honestly, the best way for you to find out is to go to your local border with your newly approved waiver and explain it to them. They can look into TECS and tell you if you will qualify based on what is in the system.

Worse case is that you may have to apply for a new waiver and specify as such. You said that you already did so theoretically you should be ok. The safest thing for you to do is actually go speak to them and see what they say.

We have a case like this now where a guy in Surrey wants an E-2 Visa but his waiver is only for business and pleasure. The business would be under the B-1 category as opposed to E-2. So we have to reapply for him and add to the list for reason of entering the E-2 visa category that he has an interest in.

We also had a guy that wanted a TN and had a job offer in Hawaii. He came to us because CBP told him that his waiver did not qualify for the TN category. So now he has his new waiver and TN Visa.

If they say that you don't qualify, then they should tell you to reapply.

#232, K Scott, interesting, thanks for the info, good to know..

Just curious here: when they adjudicate a waiver do they base it primarily off of your sworn statement?

What's the difference between a sworn statement and other things they recorded that you said in their paperwork but were NOT part of the sworn statement?

Trust that I understand that the sworn statement is done under OATH but in adjudication do they hold other things you said against you that could possibly trigger "misrepresentation" even if they were not said under oath or is "misrepresentation" only things you said under oath?

@Samuel are you talking about the "Personal Letter" when you say "sworn statement"? Or do you mean when you are caught and denied entry?

When I go to the airport, I meet a lot of people who have done their own waivers, or done them through other companies. A lot of the people call me if they are rejected to do the appeal. The rejection letter is now very detailed and covers everything the person handed in, and even have comments about the letters of reference.

Reading between the lines, its clear that the personal letter is a huge factor. For example, for certain offences, remorse is not enough any longer.

For sexually based offences, and acknowledgement of the victims perspective needs to be present. For Trafficking of Narcotics, an awareness of the "devastating effects of drugs on society".

This is a "recent" trend I have noticed.

John Rogers

I mean when you are caught and denied entry.

I was just wondering how the sworn statement is different (yes I understand it’s taken under oath) than anything else they recorded as it pertains to any possibile “misrepresentation” charges they may potentially add after the fact when they adjudicate your waiver.

For instance if you said some things that they recorded in the paperwork (that could be deemed, in their eyes, as somewhat “untrue”) but were not necessarily asked and recorded when they took your sworn statement.

@samuel I guess the answer is that either you:

1.) admit the sworn statement was a lie
2.) stick by the story you said.

They will point out if you say one thing in the statement and then in your personal letter refute it.

John Rogers,

I ask only because in my sworn statement they asked where my parents were born, what citizenship they held and if they held any other citizenship.

After the fact I found out that my parents actually hold citizenship in another country as well and I said no they were only Canadian citizens.(I was completely unaware they had another citizenship).

Hence are they going to nail me on “misrepresentation”?

@Samuel I wouldn't think they would but truthfully anything is possible. Maybe it also depends on the country and also if its typical for other people to lie about that same information.

@John Rogers

Yeah I guess with the American immigration system anything is possible given how messed up their system is.

I didn't lie simply because I didn't know.

After I was banned and quite literally over a year after I was banned I was talking with my dad and found out my parents were also British. I had NO IDEA and actually was very pissed about it as I was finding out this information for the very first time and over 4 decades into my own life. I could've had British citizenship myself all of that time, been part of the EU, moved there, worked there and more importantly to me I could have gone to university in the UK without having to pay international student fees, etc.

Yes I was very, very pissed about all that... and am now in the process of taking out British citizenship for myself.

So I never WILFULLY deceived in my sworn statement I quite simply didn't KNOW.

I'm hoping they don't view this as "misrepresentation".