Sorry*** they only send approvals by regular mail is what I meant to say
Waiver application processing times
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#1299 What kind of punishment did you get with the Obstruction conviction? Would be interested to know what happened. I only ask because we actually recently got a September Letter for an Obstruction conviction. Sometimes Obstruction/Resisting Arrest/Assaulting Police Officer crimes have a 50/50 chance of being cleared without needing a waiver/for life. The DUI offences are nothing. The weapon offence is nothing.
ChrisD - what was your charges and how long did you wait post conviction to apply?
My charges were very unique
I got into someone’s email and played a series of practical jokes (Facebook, Instagram pranks etc.)
The person is a celebrity
I was convinced in 2013 and the crimes occurred in 2012
This may be my second denial if it is in fact denied. I applied right after probation and was denied a couple years ago
Best of luck... hope it works out for you.
Did you have significant reasons to get into the US? Did you use a waiver company or do the packet yourself?
@kscott fine of $750 and suspended 3 mos sentence
@waiver four in my opinion you got the best possible outcome.
@chrisD in your case, your waiver would have to show a lot of remorse, and also a lot of understanding form the "victim" side of things. I am curious at what your rejection would say. Having been denied before, did they give a detailed explanation of why?
Usually seeing why they say no is the blueprint to making sure they don't say no again.
Hi, so USCIS sent my parents a letter on their waiver applciation and asking for a doctors note, to justify there overstay, and a letter from who supported them. I was supporting them financially, as far as the doctor is there any specific way can I should write up the reply?
#1306 Let me just say this...We have a client in Ontario that had a conviction for Obstruction. Specifically, he was driving down the street and discovered an accident scene. A friend of his from the Gurdwara had struck a telephone pole while having alcohol in his system.
The police arrived and tried to question my client. He essentially did not cooperate and obstructed the investigation. In the end, he got convicted of Obstruction.
Anyway, his Obstruction conviction was the type that technically did not make him inadmissible. So we prepared the package to show such and he actually got a September Letter. Same thing happened to a person that had a conviction for resisting arrest by the police in Surrey.
My main point is that your other offences are nothing and do not even require a waiver. You could have had an unlicenced AK-47 in your basement and that conviction would not require that you need a waiver. The DUI offences are nothing either as I assume they were alcohol-related.
The only one that is the real focus is the Obstruction and that could be attacked a few different ways. The big thing in your case is if you had a long probation period or no probation at all. If your punishment was minor then there is a way to show that the Obstruction conviction is not an inadmissible one in your case. A lot will depend on your narrative. There is much more but I do not want to give it away here on the forum.
Anyway, I just wanted to make you aware of it. I hate seeing people apply for a waiver for the rest of their lives if there are other provisions of relief that they qualify for...Hence saving money in the future.
#1304 What was your actual conviction and why did they give you a denial? Do you know the actual statute number under the Criminal Code of Canada?
Did you convicted under Mischief or
Unauthorized use of computer
342.1 (1) Every one who, fraudulently and without colour of right,
(a) obtains, directly or indirectly, any computer service,
(b) by means of an electro-magnetic, acoustic, mechanical or other device, intercepts or causes to be intercepted, directly or indirectly, any function of a computer system,
(c) uses or causes to be used, directly or indirectly, a computer system with intent to commit an offence under paragraph (a) or (b) or an offence under section 430 in relation to data or a computer system, or
(d) uses, possesses, traffics in or permits another person to have access to a computer password that would enable a person to commit an offence under paragraph (a), (b) or (c)
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or is guilty of an offence punishable on summary conviction.
#1309 I think we may need some more info on your case.
@Mobbu I think we need more information. Why do they need a doctors letter?
#1309I guess the question is why do they need a doctor note to justify an overstay? Unless one reason they overstayed was due to medical reasons. It almost seems like they may have a medical condition and sought treatment while they overstayed or overstayed due to medical issues. Either way, it also seems that a medical issue was mentioned in the waiver application. Do you consider this to be close Mobbu?
Inadmissibility due to a medical reason is a separate category under the immigration code.
Yes, we definitely need more information though.
The reason for their over stay was a medical related event. My mom had to stay because my dad wasn’t able travel and had to be taken care off.
1311 - I was convicted of Mischeif and Theft ... The theft I beleive is the issue. What it really came down too at the border was that I was proceeded in court by way of "Indictment" if it had not been proceeded by indictment that they would have been OK with the charges.
@ChrisD you are convicted 5 years ago, so if rejected again, I am going to assume your letter wasn't good enough to check off the proper "boxes" that Homeland Security wants.
Your rejection letter will be detailed and will highlight this if indeed that is the case.
John Rogers - the first denial letter did indicate my letter lacked a couple items which I think I have rectified. I also served as the president on a board for a large non profit, they wrote me a glowing reference letter
I sent the denial package to a lawyer in Vancouver who specializes in border law. He said it was simply about the passage of time. The denial letter talked a lot about the fact I had “snap” applied. What is interesting is that they like to see a significant amount of time after all sentencing has been served. So if you have 1 year probation they want to see 5 years I’m guessing after that has lapsed
#1318 Chris your Vancouver lawyer is correct and I think I know who you are talking about. He is right about the passage of time. I assume that you applied for a waiver within the 5-year window. I think after you give it some more time that you will easily get approved.
Your case will not be hard to get cleared under this Administration since it is not a sex crime or PPT.
@John Rogers and Ken Scott. I have a question for you both. Here's my story.
I was charged for mischief under and intimidation as a summary offence following a neighbor dispute a few years back. Before that, I never had issues with the law. I was treated like a criminal because some over-jealous woman decided to take money out of me. She was a criminalized lady with a mental health history.
I was given a conditional discharge for the mischief charge and the other charge was withdrawn following a plea deal, a few months probation, no jail time and a small fine. Even the prosecutor and the judge agreed the cops had no reason to charge me. However, I did admit to them that I destroyed accidentally something of hers and they couldn't withdraw the mischief charge, a piece of clothing I found and threw away. I guess if I had hired a better lawyer, the whole matter would have been dropped but I cannot change the past. The conditional discharge from my understanding should be over after 3 years. The time is almost up.
My lawyer back then told me to do a file destruction to remove all traces from CPIC. I haven't travelled ever since they decided to press these ridiculous charges. I went through a difficult time. She continued calling the authorities on me even after my guilty plea and continued to harrash me until the other neighbors took my side explaining everything to the cops. She then decided to disappear one day and move far away from me. The police probably advised her to do so. I don't know whether the subsequent 911 calls she made may have been entered in CPIC as well.
US immigration law seems to suggest that saying that you're guilty to only one offence and your maximum sentence is less than six months of jail time does not make you inadmissible to the US. Mine were summary offences. However, the Trump administration seems to be making up their own rules nowadays and people like me are considered dangerous criminals. I don't think a file destruction will remove all my information from CIPC. They have collected a ton of information on me and I seem to be followed frequently by police while driving ever since the events.
I heard a file destruction can take up to a year to complete. Seems the cops are extremely busy and cannot destroy someone's arrest file. More like, let's charge people for no reason and place them in the criminal database forever. I have lost faith in the whole criminal justice system.
So my question is after the file destruction, do I need a waiver? And is there a way I can get that infamous September letter if I need a waiver. I am a professional and I may require to go to the US in the future.