Waiver application processing times

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Jill

Samuel
I got a 3 year ban after 6 months overstayed

Applied 6 months after the ban
Received waiver 13 months later

Samuel (trusted member) Trusted

#1242

Jill,

Thanks for responding.

That’s pretty damn quick from what I understand considering you only applied 6 months after receiving the ban.

Did you do the waiver yourself or hire someone?

Nevertheless Congratulations!!!

Samuel (trusted member) Trusted

@Michelle
#1244

Your question to Jill actually is very astute and would definitely change the “equation” here if it was AFTER the 3 year ban was completed and over.

The ban being over would most certainly change the dynamic of applying for a waiver.

WaiveMeIn

After the 3 year ban, surely a waiver would no longer be needed?

She said that she applied 6 months after leaving the US, and 13 months after, she got the waiver.

That's 18 months, and there are still about 18 months left in the ban.

:: @WaiveMeIn added on 20 Jul ’18 · 14:37

I mean, 6 + 13 is 19. Sorry.

Samuel (trusted member) Trusted

#1247 - WaiveMein

I've heard that in some cases even after a ban is over one does not just automatically have the green light to enter America.

In some cases I've heard that a waiver is still initially needed. On the face of it one could surmise that is counterintuitive but given the draconian immigration laws America has in place one never knows.

I'd really like to know the particulars of this.

Anyone want to weigh-in here ... K SCOTT, JOHN ROGERS, Michelles, etc.... what say you?

WaiveMeIn

Yeah, that's true. Canadians, even with unblemished record, do not have the right to enter the US (or any other country really). CBP has the right to reject entry anyone who is not a US citizen. Only US citizenz have unqualified right to enter the United States.

Michelle (trusted member) Trusted

@1247 WaiveMeln, Hi, I have had clients who tried to enter the USA after a ban time was done, without a waiver, and they were refused. Therefore, I do advise to do a waiver. Anyone here who has had a ban and was allowed to enter once the ban time was completed, without applying for a waiver, please advise...very curious...Thanks!

WaiveMeIn

Hi Michelle,

Thanks for sharing. Do you know under what basis they were refused entry? CBP refuses entry to Canadians all the time, even those without any immigration or criminal issues.

The ban would make them inadmissible, and after the ban is over, they would no longer be inadmissible under the same inadmissibility, but CBP for sure would scrutinize them more due to the history of overstay.

So what happened to these clients after they have applied for waivers?

I myself have a ten year bar (8 of which havr been served), but due to removal. My 272 waiver was approved and I was able to enter just fine, but I guess I'd never know whether or not I would have been able to enter without waiver if I never applied.

waiver four

applied april 23 at YWG ( I-192). emailed today and received an auto response:

This email address is for questions regarding the status of applications on file with the U.S. Customs and Border Protection (CBP), Admissibility Review Office (ARO). The ARO is responsible for the following applications: Form I-192, Application for Advance Permission to Enter as Nonimmigrant, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, and Form I-824, Application for Action on an Approved Application or Petition. Please note the ARO will respond to inquiries on the latter form only in those instances where the action is related to obtaining a duplicate approval notice for a Form I-192 or I-212.

IMPORTANT NOTE: Every request for application status must contain the date the application was submitted to CBP. You will receive a follow-up e-mail to your inquiry if you provide this information and your application has been on file with CBP for a minimum of 150-days.

We find this a bit confusing. the instruction sheet says to ask after 90 days ( for submissions to ARO which is what we have done) and that admissions to CBP is 150 days which is indicated in the Important Note part of the auto reply. I read this as 2 separate entities? is that correct?

The waiver from 5 years ago was received before the 90 days was up so we havent had to check on a waiver. ( or been quite so nervous about it being delayed!)

WaiveMeIn

The instruction sheet was dated late 2016, whereas the CBP page on I-192 was updated on May 2018, so if we go with the most recently updated information, it's 150 days after filing date.

John Rogers (trusted member) Trusted

As I have posted on other parts of the Forum, the "follow up" email can be utilized after 150 days. If you get the auto "its in seconday security" after 150 days, then you are in for a Looooong wait. Up to a year or more. You get no real response before 150 days.

These instruction sheets they give you are usually garbage. Even in the old days it was "send an email after 120 days".

What was the offence?

waiver four

1989- Driving with more than 80 mgs of alcohol, driving while disqualified ( prohibted driving 3 months)
1990- obstruct peace officer, posession of a weapon ( Fine and probation)
1997- driving with more than 80 mgs of alcohol. (3 mos nad prohibited driving)

all fines paid
4th waiver

John Rogers (trusted member) Trusted

in my opinion, the 'possession of a weapon" COULD be what has you in secondary security.

It could also be your personal letter, depending on the level of 'remorse' you expressed.

One of the things to keep in mind is also showing some rehabilitation re: drinking. A conviction for impaired alone is one thing but 8 years later again is sometimes an indicator of a problem that keep cropping up, especially if the other charges involved alcohol.

With a record like that we usually want someone to show WHY they no longer drink to excess with proof of a program (if available)

This is all speculation. We will see when the result comes. The problem is that people see their 2nd 3rd and 4rth waivers as a "fait accompli" because they were granted them in the past, but this version of Homeland Security is proving that is not the case.

waiver four

however we wont know if we are in secondary until after 150 days has passed... Or are we in secondary because we received the auto response? thanks for your info so far!

John Rogers (trusted member) Trusted

I think Homeland Security would argue that until its been 150 days they don't consider it "late". Don't forget someone usually is just doing their own waiver, not on a forum like this, so they wouldn't usually know the difference. After it passes 150 days...it is taking a LONG time.

K SCOTT (trusted member) Trusted

#1255 We actually got a September Letter for an individual that had your convictions...although he did not have any DUI offences..Just FYI

Most of your convictions are nothing and I am mostly curious about the Obstruction offence. Reach out to me if you wish and will explain what I mean.

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