US Waiver

Testing123

Will do. Thanks for your input to date.

Do you know if they amend documents from what was presented to you in Secondary and what ends up in a FOIA? Any experience with that or hearing of that happening?
Just really a curiosity on my end at this point.

I'm guessing when one is not an American citizen there's a lot of leeway as to what they will actually do in adjudication.

At any rate...

The overstay is certainly questionable.

Appealing it and fighting it is probably not an economically feasible and prudent thing to do. In addition there possibly exists the chance I'd piss them off and it may be held against me in any future dealings.

As we're both aware the American immigration system certainly is massively flawed.

#121 Yes bottom line is wait until you get your FOIA back and kinda go from there. It would not be a good idea to approach a waiver until you get the facts.

Hi all, my client went to deliver his paperwork to US Customs and they asked him if he did it on his own or if he hired a company; he stated he hired FPS Fingerprint Pardon Services. He said that they went to the computer and after a few minutes said yes, we will accept that company's paperwork. My client asked them if there are companies that they don't accept, and they said yes, that they are not accepting "shady" applications. This is the first time I have heard of this, and am wondering if anyone has been asked which company you hired? and or had your application refused because of the company you hired?

I have actually never heard this from a client but maybe this is a new thing. This is also the first time that I have heard this....Although...I do remember in mid-2017 that one friend dropped off his packet at Victoria Preclearance and the officer looked at it and apparently immediately recognized us. My buddy said the officer did not say anything bad. The only thing apparently said was that we have seen this work before. It was surprising since we have not sent many people to Victoria BC Preclearance before. I did not think much of it until you posted what happened.

So yes it apparently seems that they may keep a database of companies and I believe that certain waiver applications from select businesses may face more scrutiny than others. I think it may be pointless for them to keep this database because a company can just change their name and would be in the clear under a new name.

I am going to assume that it is ones that are similar to the name of the Facebook Group that we are in. This particular company had made a lot of bad news in Ontario and I think that their waivers probably may get more scrutiny? I have never heard of them though refusing to take a packet because it was prepared by a certain business though... although anything is indeed possible.

Hi All, an update for you....I had a client deliver paperwork to Customs, and it got refused....Main reason is the Custom officer was confused on the process, however, he did state that Head Office has told them that any paperwork that is not completed 100% correct is to be refused. He also stated that Calgary International Airport has been accepting too many "shady" applications. Now, he refused my client's paperwork, because he thought the I-192 Form is expired, it does say 06/30/2018 as expiry, but this is the most recent form, and it is the correct one to use. Do not use an older version. Second, reason: Officer thought my client needed to address the points for an overstay or deportation in his personal letter. This was not the case for my client and he did not need to address this. So unfortunately, my client has to make a second trip due to the inexperience of this Officer. However, it is does show that Customs is cracking down and maybe some of these shady companies will be put out of business. If you are doing a waiver on your own, make sure you know what you are doing also. Have a good weekend everyone...

If I have a ban for an overstay do I have to somehow account for it when I file a waiver?

#127 @ Adelaide, absolutely, even if the ban is done, and you will need to address the specific information in your personal letter especially if you were living in the USA.

#128 Michelle

So if one was working illegally by overstaying a visa (as one of many potential possible scenarios as I'm not claiming here that I did) in the US then obviously that's very much frowned upon. When addressed in a personal letter how does one overcome that? I imagine that's a difficult one for them to be forgiving of.

#126 & #128Yup Michelle you are correct although if her ban is only for an overstay and done...then she may not even need a waiver....depending on her situation. It will be different though if her ban was for overstay and Misrepresentation. If just a simple overstay then she may be good to go if they time has passed.

This can get tricky in the sense that if someone does not need a waiver, files for one and says the wrong in the packet...then they can actually talk themselves into needing a waiver for life.

#129 A lot of it will be what is in your sworn statement and in the system in general. An example is that a person can overstay but not necessarily had been working. An example is that we had a girl that overstayed for 5 years but was being taken care of by her boyfriend. She did not have to work so she technically did not generate any income. She lived off of his money.

#130- K SCOTT

Is misrepresentation something that can be added on after the fact? If I file a waiver do they actively go searching for things to screw you on?

I don’t have a misrepresentation charge just an overstay but can they dredge something up that somehow equates to misrepresentation in their eyes? If so is misrepresentation difficult to overcome?

I’ve read on different websites that it means a lifetime ban which seems really incredibly quite harsh but I’m not sure what the specifics of misrepresentation would actually mean.

One could get the feeling that this administration may be actively out to screw Canadians (given the whole NAFTA thing today on top of it).

Misrepresentation is indeed a lifetime ban. It should be indicated on your paperwork or maybe in your sworn statement. Misrepresentation is not necessarily hard to overcome but they definitely do not like it. However, if you have a simple overstay(and nothing else) then that is a different story.

Anyway, here is the immigration code on it:

(C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

(ii)

9FALSELY CLAIMING CITIZENSHIP-

(I) IN GENERAL- Any alien who falsely represents, or has falsely represented,
himself or herself to be a citizen of the United States for any purpose or
benefit under this Act (including section 274A) or any other Federal or State
law is inadmissible.

An example is if you live in Surrey and say that you are going to shop at Bellis Fair Mall in Bellingham. Then the officer finds out that you are actually going to be meeting a boyfriend in Seattle instead of going to the mall.

Another example is if the officer asks you if you have ever been arrested/charged in your life and you say no. He then does a computer search and sees a 1999 Charge only (no conviction) for Possession of a Narcotic(a joint). He could then say that technically it was Misrepresentation because you answered no to ever being arrested or ever charged but he found the 1999 Charge.

He could then say you are inadmissible not for the old charge but for telling them no when you had actually had a charge. Essentially, it is when a person says one thing but they actually find something different in the system or whatever you admitted to that was a material false statement. The 6Ci is the more relevant one.

I assume you overstayed at least 1 year or more? Then it is a 10-year ban. You may be halfway through your ban? It is always tricky in the forum by giving info without knowing all the facts or even seeing the paperwork. However, it is good for general info though.

I will say that this administration is tougher in general on anyone entering that is not a USA Citizen or Jay Treaty holder.

usentrywaiverservices.com

Anyway, I was just surprised when you said you only had an overstay but was doing another waiver. I assume that you are still within the 10-year ban?

.

K SCOTT

I have never ever done a waiver but plan on filing next year in which case I’ll be into the 5th year of my 10 year ban.

I’m just concerned that they actively look for stuff to screw you on in the adjudication process given the draconian policies of this Trump guy.

I would not be too concerned in your case. Luckily, you likely will not have to go through this process for the rest of your life...Unless you violate again or so.

It is true that they carefully examine each application. It is hard to comment on your case without knowing all of the particulars.

You can always give me a shout for a quick free chat at 1 888 908-3841 or 604 332-9213.

I think you likely won't have to hire anyone to do your case since it is not a really hard one.

K SCOTT

Thank you for replying.

You're saying applying in my 5th year of my ban should give me a good shot at getting a waiver? I've read on here that one really shouldn't expect a realistic shot at a waiver until 5 years has passed.

If, for some reason, it was denied do they hold that against you on any future attempts and do they exactly tell you why a waiver was denied?

In addition if I were to get a waiver and when my 10 year ban is up do I still need to get waivers after that or do they just look at it as "you've done your time and you're good to go" after that?

I can only go by what you are writing here since I have not seen the particulars on your case...Generally yes if overstay is your only offence and you overstayed 1 year or more. You should be good after the 5 years are up.

Also, note that you will have to account for the reasons for the overstay and how you have overcome these reasons.

An example is that you overstayed 3 years and lived unlawfully with a boyfriend in Seattle that took care of you. Let's assume you had no ties to Canada other than parents in Surrey BC. So your packet would have to show how you no longer are a risk of overstaying again.

Let's say you no longer have the boyfriend and now finished or still in Nursing school at UBC. Among other things, you would have to show how you have the financial means to take care of yourself, proof of employment/student status and such. You could also show proof of student status and maybe proof of part-time employment. Employment does not mean you could throw in 2 pay stubs and say I work at Winners in downtown Vancouver.

Again, I am only speaking in general terms since there are specifics that you should tailor to your own case.

I think you may have trouble if nothing has changed since you overstayed in the USA. CBP could say "What proof do we have that you will not overstay again?"

Essentially, you will have to show how you no longer pose a risk of overstaying....based on your particular circumstances.

:: @K SCOTT added on 30 Aug ’18 · 10:00

You will also have to account for proper Canadian ties even when your ban is over. It is not necessarily that hard but a person has to be careful how it is presented to CBP when they make an entry....since if done incorrectly,(depending on the circumstances) it could go right into a future 5-year ban.

Again, if done properly, I believe that you could save yourself thousands of dollars by not having to file for future waivers...depending on your circumstances.

Hi All, the following is a case that I have been working on for 2 years - waiver received yesterday - 5 years - first time application. Not all cases will be this fortunate and honestly, I am surprised - very happy - but surprised. Case involved FRAUD x 2, Gambling addiction, stealing from Federal Government, and $400k Restitution. Some Professional Advise for you when submitting your waiver, it is extremely important to show remorse, explain in detail what happened, and why you will not re-offend. You must absolutely show rehabilitation, and lots of it, either through court or on your own, both preferred. Attend Counselling, Volunteer your time helping others with the same addiction, and you must be able to show you have dealt with or are dealing with the Restitution. Do not ignore it, 2 years ago, this was not such a big deal, this has now changed. It is now a huge deal...Hope this helps anyone who is applying on their own. As always you can contact myself at info@fingerprintpardon.com or Ken and John. Keep in mind that each person is unique and the end results will vary depending on your circumstances.

That sounds great Michelle.

Mine is only partly similar (fraud, and restitution, but not theft / gambling / etc).

Curious... how long after sentencing did this individual apply? (ie, how long has it been since the infraction?)

@michelle well done!

@K SCOTT

Supposing I were to come see you next year when I plan to file my waiver and you do my waiver and it gets denied for whatever reason...Do you offer a discount or what's your specific protocol on doing the waiver over again?

Typically if a waiver is denied what's the best amount of time to wait for even trying to file again?

I'm hoping this isn't the case (getting denied) obviously but I just like to know generally what the process is.

Thanks