@AcDc Be happy you were not convicted of trafficking! Congratulations!
Waiver application processing times
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#1340 Technically yo would still be inadmissible because of the drug possession conviction. YOu were lucky that they did not see it before. Unless you mean that they did not see the conviction at all andbased your waiver on your voluntary admission or Sworn Statement.
Conditional Discharges technically willnot prevent a person from not needing a waiver. Yes I agree that you should be lucky that you did not have a PPT conviction.
I am not sure if submitting anything else is going to help, since you have already submitted your visa application.
If you were to submit a waiver application, even if they accepted it, I am not sure a letter saying you do not need a waiver (a september letter) would help at this point.
The problem is you don't have a very typical case, so its impossible to give you an answer on what the "typical" response time would be.
I missed the post for #1343 as I have not been on the forum for a few days.
Apllied back in dec 4th 2016 at rainbow bridge border my 3rd waiver whenever I send email every month I get random responses like file is pending or waiting for secondary security checks results
Today I received a msg in blue alphabet
(Your application is on file with the Admissibility Review Office. Due to the individual circumstances of each waiver application) in blue alphabets
, there is not a set timeframe to give as to when an application decision will be completed.
Also doesnt say anything about pending ? Is that a good sign
It's been 22 months almost
Is the issue criminal or other? If criminal, whats the "main" offence?
You should hear something very soon. Over a year is not the norm, almost 2 is very rare.
No criminal history at all
I was overstayed in 1997 and then they change to parmanent bar cuz of misrepresentation but I had 1 yr approved waiver first time and 2nd was approved for 5 yrs as well
How long does the September letter take to obtain from the DHS. Is this just for the Canadian nationals? I am not a Canadian citizen. For other nationals, is there a separate process? Do I need to submit certified court documents in order to apply for this? I am sure that my CIMT falls under Petty Offense Exception for which no waiver is needed. However, the CBP made an error about it 10 yrs ago at Chicago POE and sent me back to my country. They also made me get a waiver thru a consulate. I received the waiver but now it is expired. I went back for a visa stamping recently at my home country to obtain visa but the consular officer put me in for another waiver request since I received waiver the first time. Basically the CBP made an error the first time and wanting me to continue to get a waiver again thus continuing the same error.
#1348
If you got a permanent bar for misrepresentation how did you overcome that?
You're saying you got a 1 year waiver the first time and a 5 year waiver the second time AFTER getting a permanent bar?
I'm just curious how you managed to sort all of that out and overcome getting barred permanently.
@1348, Nskhan, interesting you receive 2 waivers with a permanent ban? However, waivers in previous years were much easier to get then they are now. The fact that you have been waiting 2 years, tells me that this new waiver application will be denied. You might have just "slipped through" before, but not now. I have a client who received 2 previous waivers (1st one for 1 year - 2nd for 3 years) ...for a very serious offense (attempted murder) and his (3) renewal has just been denied after 18 months of waiting. This advise is from recent experience with my client.
#1351
Michelle,
So you have seen people overcome permanent bans and get waivers?
How does one overcome a permanent ban? It seems the definition of "permanent" would be used rather loosely if that was the case.
I have a 212 a 6 c I
It's a permanent bar but you still have a option to apply for u.s waiver for visiting that's how I recieved 2 previous waiver I guess and my brother live in usa also my parents brother applied for me under f4 back in 2005 dec as well waiting to get current then once my petition get denied then I can apply for i601 hardship to overcome my parents a 6 c I bar to go Usa on green card
But I still have that bar that's why I applied for advanced parole this time and had 2 approved waiver in past under humanitarian since I have no criminal history not even a speeding ticket clean rcmp no court records or anything
Even if u check u.s waiver
Even on u.s waiver form its say u can apply for waiver if u have permanent bar under I 212 a 6 c I but theres no waiver for i212 a 6c ii which is different 6 c ii for is if u lie about citizenship and stuff like that
Also since it's getting close to 2 yr I actually doesnt much care about approval or denial I am just curious about getting results or answered either way approved or denied I am getting close on my I 130 neways my file get current in dec 2005 currently they are processing 15 Feb 2005 I am more waiting for i130 get processed and get denials so I can apply for hardship i601 since my parents live in US and have medical history so I can ground my bar and move to usa
I am posting this message again so it wont go unnoticed.
How long does the September letter take to obtain from the DHS. Is this just for the Canadian nationals? I am not a Canadian citizen. For other nationals, is there a separate process? Do I need to submit certified court documents in order to apply for this at the border only?
I am sure that my CIMT falls under Petty Offense Exception for which no waiver is needed. The USCIS verified this 2 years ago but not the CBP since I was in the US when the USCIS looked into it before approving work permit petition (H1B).
However, the CBP made an error about it 10 yrs ago at Chicago POE and sent me back to my country. They also made me get a waiver thru a consulate. I received the waiver but now it is expired. I went back for a visa stamping recently at my home country to obtain visa but the consular officer put me in for another waiver request since I received waiver the first time. Basically the CBP made an error the first time and wanting me to continue to get a waiver again thus continuing the same error.
@sk123 you have to apply through the consulate, you cannot apply for a waiver at the border. Its very difficult and problematic. For example, when you go, they say "we can't give you a Visa, you are inadmissible". So the client says "yes, here is my waiver application to overcome that inadmissibility" and it should be simple, right?
But in many cases they refuse to take the waiver. And the person is stuck. I rarely attempt waivers for landed immigrants. I tell them to get their citizenship and then we can try. Its also cheaper. Instead of $930.00 its $585.00.
@John Rogers. Thanks for the answer. This is a different issue.
I already went to a consulate and the consular recommended a waiver on my behalf to the cbp instead of applying the inadmissibility exception (petty offense clause).
My question is, when I don't need a waiver due to the exception clause, why did the consular still apply for it. This is causing unnecessary delay.
How can I have the waiver requirement removed from the CBP's TECS system when it is a mistake to begin with. I was hoping a legal brief to the DHS stating the facts would help. So, I did that.
The problem is when I went to the consulate for visa about 10 yrs ago, the consular was not aware of the law and applied for a waiver when not needed. The CBP did not review the documents properly and instead of clearing me of the waiver requirement, they just approved a waiver. I did not even apply for it, they just gave it to me assuming that I'd need a waiver. They never considered the petty offense exception clause. They gave me 212 (d ) (3) (a) waiver.
Now, the consular has continued the same mistake by applying for another waiver. I even mentioned this to the consular at the US embassy when I appeared for the interview. He still applied for the waiver. Whats the point of having a law if they are not going to use it.
Can you suggest what I can do to have the waiver requirement removed from the TECS? I already went to the consular interview and told the consular about waiver not being required. I submitted my court documents and letter stating that the criminal charge fell under the petty offense exception.
Please let me know how they (CBP) decide when a waiver is not needed. Thanks
:: @sk123 added on 26 Sep ’18 · 10:12
@ Ken Scott. Could you also provide me some pointers. Thanks.
I have clients who have literally shoplifting for $10 and they were given waivers.
The petty offence exemption does not always work. If you have been given a waiver twice, then you need a waiver. I also have clients where we applied for a waiver and they were given a September Letter.
The truth is that if i was as easy to just get exempted, or if it was THAT consistent then I would be able to display a whole wall of September Letters. But I don't. Notice people who promise "you won't need a waiver" are also not able to display a bunch of September letters either.
I just had a client who had a waiver, reapplied and got a September Letter. (I talked about it in the forum including exactly what he did). Why did they give it to him NOW, and not the first application, which I also prepared? No idea.
#1359. This is not necessarily true John. Also, see the post below:
Sorry for being out of the loop everyone. I ran into a situation here with the new cases. However, it will tie into our Canadian locations in a positive way. When we started these B1/B2 visa waiver cases here, we assumed that we would get maybe 2 a months.
As it turned out....I did not realise how popular it is for people here to want to travel and invest into the USA. We have been getting 5-6 a week and actually have trouble keeping up with the flow now. It has taken time away from the forum based on this and running the Canadian locations.
Now, having said that....We now have a policy where we will give a 100% refund on every September Letter case that ends up with either the person getting a complete denial or if they only get approved for a waiver. This will be effective immediately!
Starting Jan 2019, we will also extend the policy that every single new waiver case will get a 100% refund if they get denied. We technically could do it now but my advisors are telling me to hold off until January and make it a New Years kind of promotion.
We would not be able to offer this policy had I not accepted Mr. Archer's offer of working together on E-2 Investor Visas.
Anyway, this is in case anyone wondered what had happened to us.
usentrywaiverservices.com
1 888 908-3841
604 332-9213