US Waiver

prefer2be you have now waited 4 years, so the "not long enough" problem should be less of a problem.

I say 5 years makes it a slam dunk.

If your personal letter checked off all the boxes you have a decent chance. Hopefully you didn't make excuses, or defend your actions, but instead focused on "admitting what you did was wrong" and focused on "how you have changed". Also, never make the focus of the waiver about "why you want to travel". They could not care less.

#41 prefer2be...Please let me know what happens in your case, I have a client that is still waiting for a "decision" to be made, and every time we send an email trace it is the same "file under review". This should have been a very simple waiver, but has turned into a nightmare. There were no "flags" that there would be an issues, and it has been a very long time since we started the process, I swear that the USA has taken a personal dislike to this file, as there is just no reason or explanation why it has not been granted or denied, or anything..so frustrating.... John Rogers or Ken Scott, have either of you had a file, were, USA simply does not process, just leaves it in limbo?

#43 so far we have not had that happen yet. We do have a client that has a record of waiting for 3 years now for his waiver to be adjudicated. He does have a very long list of USA criminal offences and also stayed there illegally for 20 years.

Like I said in the other room, I think what may have hurt #41 is that he applied much too soon...or his case may have been poorly prepared or both. It is true that 5 years is the absolute bare minimum but that will also depend on the type of conviction the person received and for what. It is true that you for sure have to show remorse and not make excuses. If people do, then you have hurt their chances with the case.

The good thing though is that it is not too hard(at least for us) to turn around a waiver denial. The big factor for us is if the person wants to spend the money to redo the case properly, beat the denial and win against CBP.

#44 So are you suggesting don't bother before 5 years, or virtual "Slam dunk" and John says at 5 years?

I am debating applying at 3 years post conviction and working with John to build a strong packet. Life has turned around, it's not like we can't prove it (along with letters from the victim even indicating I have changed). Whether they see it who knows.

Curious to know what the earliest you have been submitting for your clients with success? (even 50/50)

I always preach 5 years as a general guideline if you want to say "enough time has elapsed".

Its rare to see anyone get a waiver BEFORE 3 years. I do sometimes have clients who apply, because they cannot wait, so we do get some trial and error in these cases.

Michelle I just got a waiver in for a client who handed it in on November 2016. 5 years, granted June 4 2018. He was an re-application.
What is interesting is that he has had 5 year waivers before, AND had a sexual assault from 1989.

In bad news I had a client who had a 1 year waiver and upon re-applying in November 2016 just got a rejection letter dated May 25 2018.

The major difference was "age of victim". Both convictions were very old, in the rejected guys case it was called "carnal knowledge" not sexual assault, it was so old. (1975)

The encouraging thing is that at least SOME sexually based offences may be granted.

I do have a few more waivers in the pipeline involving sexual assault, so I will try and inform everyone what is happening. Its clear THAT ONCE YOU ARE PAST 90 DAYS its going to be a LONG wait. I still find 80% of waivers are back in 90 days.

#47 yes you made that clear to me in our text discussions. I know 3 to 5 is a crapshoot.

In my case though it's not sexual assault, it was fraud over 5k. Hopefully they are treating those nicer in that 3 to 5 year range. (Could care less if I get a one year to start, the point is getting a waiver properly, then we deal with the renewals)

#47, John Rogers, client just got a 2 year waiver - June 4, 2018 (first time) - started process in January 2016. S.A. conviction 2002, Pardon since 2009, denied entry in 2014. This was a tough case - USA took 19 months to decide. I agree if you are past 120 days, you are waiting for a long time...

Michelle : Yes thats much longer than mine...and all for a 2 year waiver. Still, you must be relived that he wasn't denied with the SA. It looked for a while like they were ALL going to be denied under Trump.

#50, John Rogers, Yes, I am very happy...I hate the "waiting" . I am not confident about the renewal, but we will see, lots can happen in 2 years...

He should be kissing the ground that he even got a 2-year waiver for a Sex Assault conviction under Trump. We got a 1-year waiver for a guy with the same offence and I told him he is lucky to have received it. A guy called yesterday in Surrey and said that he has a Sex Assault offence pending. I told him that he had better get a good lawyer because you do not want to try to get a waiver for this type of conviction.

I always preach that Trump is really hard on Sex crimes and PPT convictions. The general rule is that the older the conviction, the better it is for you. The younger the conviction, the more rehabilitation and more that you will have to show to get an approval.

John is right when he says that 5 years as a general guideline if you want to say "enough time has elapsed". 5 years is the general guideline and absolute bare minimum depending on your offence.

#52 Ken --- have you seen any fraud convictions approved in the 3 to 5 year range?

I have seen 2 approved for the 4 years and the 10-month range. We did show major rehabilitation in both cases though since they were so new and both have convictions was Fraud Over $5,000. They were both friends and defrauded ICBC for thousands. There was also no mention of restitution payment by CBP, although they still owe ICBC and still cannot get their licences back until they are paid off. I actually suggested that they hold off but they were very insistent and I warned them that I did not think that it would get approved. It was against my better judgment to take the case but luckily they were approved. I have never seen a Fraud conviction approved in the 3-year range though.

#55 I think that you will have a problem because of the recency of the conviction and other things. They are strict about the passage of time. I will assume that not enough rehabilitation was shown in your packet? If you hired someone to prepare it, then they should have known that 3 years is much too soon. Yes, they are very strict when it comes to the timeframe.

In my opinion...I really think you are taking a chance for them to say no because of the recency. It will also depend on the specifics of your case. You might be ok if it was minor Fraud and that is only a maybe. If you came to the Surrey office, we would tell you to hold onto your money and come back to see us in 2-3 years.

The reason is that if we say yes it will be cleared no problem and you get denied because not enough time has elapsed....You would not be very happy with us. My word is my bond in everything that we/I do. I have turned people around and gold them to come back in a few years after time has passed. The main reason is that we very few denials and I like to keep a spotless record.

Again, just my opinion and I do tend to be on the side of caution in general.

Question though... how do you "show rehabilitation" when some have said the letters don't matter so much?

To me that comes from showing:
1) You acknowledge how you messed up
2) What you have been doing
3) How you have been taking steps to turn it around
4) Did you pay (or are you paying restitution)
5) Employment / character letters
6) etc / etc

To me actions speak far louder than just time. One could go without being charged with anything else (but still be an absolute douchetard doing stupid stuff) and under the passage of time that would "be enough".... meanwhile someone like me is busting butt (in the eyes of my PO, the victim, and many others will to put it in writing) to show rehabilitation... yet that might not mean squat...

Serious question Ken. I know you might be leery of divulging "Trade secrets" but to me this is a huge point in why I want to push to apply at year 3. My turnaround is *not* standard by any means.

My guideline is this:

3 years minimum to have a chance.

4 years, chances are better

5 years, you should get the waiver.

This is a general guideline, and of course I am assuming the waiver is done properly and all the right things are said.

More serious offences take longer to go to trail but there is also an expectation that rehabilitation will be more pronounced as well.