Waiver after pardon

EL30 posted

Do I need certain documents when applying after receiving a pardon? I assume when I get my rcmp prints nothing will come up ….

Do I still need my local court documents ?

Is there a dating timeframe for documents when applying ? Ie if I plan on being near the border in September can I get my documents now or is it too early ?

How far out can I submit the application ?

Do I need to make an appointment for rainbow bridge ?

J Rogers (trusted member) Trusted

@EL30

You should submit a copy of the pardon. Court documents? It depends but if you have them then submit them. Court documents can be copies.
I assume your applying through eSAFE? And yes you make appointments at the border now.

adam gunn

The biggest thing to remember when submitting your pardon as proof of convictions is to make sure the page listing the convictions is uploaded to eSafe and as part of your border package

Surreygirl

Can someone clarify which court documents I need to submit? I received a bunch but not sure I need to submit them all. What are the actual document names in BC? I received one document called “provincial court record of proceedings and endorsement of information” - this shows every court appearance date, plea, final disposition and sentence. The next document is called Probation Order (prison) - this one shows the charges and the sentence given and shows the probation conditions. The last document is called - Information “By Indictment” - this one lists what I’m being charged with and on what date and where it happened and appears to be signed by the police officer that did the arrest.

There was also some supplemental docs such as the DNA order and Firearms prohibition but I’m thinking they don’t need these as the other docs shows this info already. There was also a doc called warrant of committal upon conviction which listed out my convictions and sentence. This looked like a document that was sent to the prison that I went to. I’m thinking I don’t need to send this either as the other documents list out the same info already.

Hoping someone with experience with BC courts specifically Surrey can help. Thanks!

Surreygirl

@JRogers do you think we are wasting our time with a waiver? Convictions are from Jan 2009 and he received a Canadian pardon but now needs waiver.

3 x possession for purpose of trafficking
1 x unauthorized possession of restricted firearm
1 x possession of prohibited weapon (taser)
2 x breaches

Has not been in any trouble since 2009. Released from prison in 2010

J Rogers (trusted member) Trusted

@Surreygirl

I think you are asking if he will actually get it. (Correct me if I am wrong)

Yes, he has waited long enough to GET a waiver.

BUT. Personal letter is VERY VERY important.

-No excuses, Just talk about what he did, how sorry he is, how he has changed.
-"they weren't even my drugs" or any EXCUSES and he will get rejected.
-Explain what he did in detail. "Ya I was arrested and had some cocaine on me" NO.

"I was in my car and was pulled over. 10 grams of cocaine were found in 4 baggies. I was selling to friends so I could get mine for free" or "I was selling drugs to make money because I had a small child and I could not get work"

DETAILED. If he tells you "I don't remember" then seriously, don't TAKE HIM TO THE US. People REMEMBER. Sounds like you are doing a lot of work to help him, so make sure he tells you the details. Homeland Security will appreciate that , that he is forthcoming and honest.

Also DRUG TEST. He needs to do a drug test and PASS It. No substances.

Also show them the pardon.

J Rogers (trusted member) Trusted

@Surreygirl A copy of the pardon would have been sufficient, but additional documents is fine.

Instead of a drug test, you can have a letter form a doctor. "In my professional opinion, Steve Smith is not a user of illegal narcotics".

I thin in this case it IS necessary, which does not mean he won't get the waiver without it, but I would strongly advise he include it.

Surreygirl

That is a great idea thank you!

He does have a substance abuse management certificate from jail. They made him take it while inside but I didn’t think it was a good idea because it makes him look like a drug user which he wasn’t. He also has a violence prevention certificate as well that they made him take. I’m assuming that’s because he had a gun charge. But again I feel like that makes him look like a violent person which he is not. What do you think? Should we include them? They are 15 years old. @J Rogers

Surreygirl

Further to my last question. So I really don’t need to submit the privacy act criminal record search? I like that the pardon only shows the actual convictions but I thought it was a requirement to send that.

I’m worried that the privacy act check is going to show a bunch of charges that were stayed under the police information section which will probably cause them to ask questions about them. @J Rogers

J Rogers (trusted member) Trusted

@Surreygirl They see them anyways, but yes send the pardon and not the privacy act. And INCLUDE the certificates. Rehabilitation is a HUGE issue and few clients ever have those documents. Include them.

Surreygirl

Thank you so much for your time and help.

If they see the non conviction charges do we need to explain them in the personal letter? I don’t know what they can see or Not see and I don’t want to admit to extra things.

@J Rogers

Surreygirl

Sorry to bother you again. Question #34 on the application form asks if you have ever been convicted and if you answered “yes” describe the incidents in detail.

Do I just list out the convictions or do I actually need to describe everything again? I’m already explaining it all in the personal statement. Or do I just copy and paste the personal statement and put it there as well? Seems like duplicate work lol.

@J Rogers

Surreygirl

Not sure if it matters or not but who should the personal statement be addressed to?

Is “to whom it may concern” ok or should it be To CBP or To ARO?

Also for date of entry into USA, is Feb 2024 okay to put?

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