Waiver application processing times

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John Rogers (trusted member) Trusted

@HatsBootsHatsBoots no need to apologize, you posted AFTER I had suggested it the first time. I wasn't trying to badger you.

Any suggestions? Anyone else want to weigh in?

How about Jazzsax or Samuel? Michelle doesn't have the time. Any other people you would suggest?

Dustinjohnson

I received a status update from the Aro inquiry email stating that a decision letter has been mailed to me. That was sent back in May. I have yet to receive it. What do you suggest I do?

John Rogers (trusted member) Trusted

@Dustinjohnson

Yikes. This is the worst case scenario, as it seems Canada Post may have made a mistake.

Before you pay $465 USD and apply for a replacement, I suggest the following:

Go to every apartment, or every house in your immediate area to see if the waiver was delivered there by mistake. Maybe they still have it.

Assess whether you got a 5 year of 1 year. If its a 5....replace it. If its a 1, don't bother. Re-apply and get a 5 year.

Here is how you replace it.

https://www.uscis.gov/i-824

dustinjohnson

Thank you John.

Can I request through the waiver inquiry email if the waiver was approved and for how long?

Will they give that info?

John Rogers (trusted member) Trusted

I assume you took my advice and handed it in at Niagara Falls?

Go to Niagara Falls regardless. Show them the email. Tell them you want to know how long the Waiver was granted for. Explain if its a 1 year your just going to re-apply.

John Rogers (trusted member) Trusted

A client called this morning. Handed in Waiver on October 16. Received it yesterday dated November 26th. 40 days. That is the second one I have posted, the other was 39 days.

This was a female, minor criminal record and re-application. 5 year waiver. She also commented, like many clients do, that she had handed the waiver in at Niagara Falls, and that she had done the Peace Bridge, and the Airport in past years, and that they didn't compare. The customer service was excellent.

She also said 7 people were there waiting, 3 of them clients of mine and so she said she waited for about 30 minutes. She didn't recall the time but said it was a Tuesday.

Some points:
-I don't want this to make it seem I can suddenly get everyone "fast" waivers. That is not true, I have always done a good job on my paperwork but nothing that would make them process it faster.
-2 waivers does not make a trend, so lets assume its a fluke until we see more examples
-They were both handed in at Niagara Falls but that should not matter. The answers came from Herndon Va.

If you need more specific details, you can post or email or call or text. But remember that even if you have the exact same conditions, this does not mean your waiver will be the exact same timeline. Also if you are over 40 days, this does not mean your waiver is late.

Cell# 416-843-1371
pardon.experts@rogers.com

jazzsax1 (trusted member) Trusted

That sounds great John. What I'm really interested to see though is if you start seeing fast processing on first time applicants, who get 5 year waivers. That would probably tell us they are pushing through tons of waivers with much less review than normal.

Don't think that's the case though.

John Rogers (trusted member) Trusted

@jazzsax1 this was the other client I posted about:

“(Client) Received waiver yesterday, dated November 13 2018, valid for 5 years.
39 days. I have no idea why it was so fast, and its the only one I have seen that quick in 2018. We obviously said that they have a cruise, but thought Homeland Security would not care.

Clients are ecstatic, and obviously I am thrilled as well. As a caution, I don't want to pretend I can get everyone a waiver that quickly. Just something unique I wanted to share."

:: @John Rogers added on 06 Dec ’18 · 13:24

Full post:

Clients came in in September and have a cruise in late January. The client does not have a criminal record but was guilty of getting fake documents and being smuggled into the United States in the back of a truck. Overstayed as well. Over 10 years old. Never had a waiver before.

Fingerprints were fast and came in on October 3. Prepared package and client picked up and handed it in on October 4. Went to Niagara Falls.

Received waiver yesterday, dated November 13 2018, valid for 5 years.

39 days. I have no idea why it was so fast, and its the only one I have seen that quick in 2018. We obviously said that they have a cruise, but thought Homeland Security would not care.

Clients are ecstatic, and obviously I am thrilled as well. As a caution, I don't want to pretend I can get everyone a waiver that quickly. Just something unique I wanted to share.

KSCOTT (trusted member) Trusted

#1524 they will tell you through email if you were approved or not. The best way is indeed to go to a border and inquire. However, you must make it known that you are not seeking to enter...but are only there to inquire. If they are nice then they will tell you the status.

Well, John yes you can say what you want and I never said anything about tough guy. It is good that you feel the need to mention that you play Rugby and MMA. Unsure why you said as such though. Yes, I studied, taught and actually have done/do Aikido, MMA and CQB(Close Quarter Battle), received SEAL and SWAT training and more..I taught things like handgun retention to officers and techniques for disarming violent suspects..but so what?? Does not make me a tough guy? All are military and law enforcement related topics. I do not have the need to mention here since I keep my personal business private. Also, it is irrelevant to waiver processing. I am saying the bickering should stop and I am happy to oblige.

Btw you have no idea what I do on weekends, where I am or even what I do in general. I only disclose to you what I wish, as my FB friends know a hell of a lot more. Anyway FYI.

The point is to stop the fighting and lets keep the waiver forum for waiver business only.

JAZZSAX you are 100% correct btw.

KSCOTT (trusted member) Trusted

We have a case that ties into this very well. We have a guy in Saskatchewan that has a Fraud over $5,000 offence and previously had his waiver and appeal denied. When he initially filed he was well within the 5-year window since he was convicted in 2013. His denial was for many reasons. We filed his around September something as he has the exact date. Anyway, he has to enter the USA now due to the fact that his daughter is sick. The border told him about 5 days ago that he got approved for his waiver Nov 9th as he panicked since he had not received the paper copy yet.

The point is that they will indeed process certain offences quickly as opposed to others. His was a very complex case as he had a waiver and appeal denied in 2018. He had about 5 reasons major reasons for denial and we overcame everything within 90 days.

The other point is that we still got him approved even though both the waiver and appeal were denied in 2018.

L.S.

#1532 Your guy would fall under the EWI(Enter without Inspection) Category. The fake documents themselves should not be as much of an issue as long as he did not try to use them to gain entry to USA..which it seems is not the case. One exception could be if he had a fake USA passport in his backpack..whether he used it or not. Overstays can get tricky for a few reasons. If you overstay 1 year or more then the ban is 10 years so theoretically, he would only need another 5-year waiver.

However, Canadians are visa exempt and there is a way to argue that a person did not overstay if not issued an I-94..hence they would not need a waiver for overstaying. We have done this before for people. This is recorded in the immigration regulations. So some people can use this defence but it must be documented the correct way or else they will screw themselves.

The devil is in the details sometimes and this info can at times be successfully used in the client's favour to save them money.

John Rogers (trusted member) Trusted

@L.S. He used the fake documents or attempted to to gain entry. We were shocked he got the waiver so quickly. I had warned him he would go to a "secondary security" for sure and that it could be a LONGER wait than 90 days once he handed it in.

Very interesting take on both:

“Your guy would fall under the EWI(Enter without Inspection) Category”

and

"However, Canadians are visa exempt and there is a way to argue that a person did not overstay if not issued an I-94..hence they would not need a waiver for overstaying. We have done this before for people".

I know both comments will garner questions, you should elaborate a bit more.

John Rogers (trusted member) Trusted

@KenScott (Not waiver related so skip everyone)

You made the comment "you would not say that to my face".

In Canada (maybe not in the UK) that is a comment that implies you are either a) so intimidating or b) the person is very tough behind a keyboard, but not willing to back up his words in person. So that is a direct challenge. Let me answer.

“Yes, I studied, taught and actually have done/do Aikido, MMA and CQB(Close Quarter Battle), received SEAL and SWAT training and more..I taught things like handgun retention to officers and techniques for disarming violent suspects..but so what??”

I guarantee NONE of the above is true. No MMA guy would EVER mention Aikido, its a JOKE. I am around real fighters, amateur and professional, 3-4 times per week. Fighting as a sport garners a certain respect in the community, and you show none of that. I train with a guy who is on the Toronto ETF (emergency task force) and although he does the same training AS a Navy Seal, if you ask him, he would simply say "I do BJJ". He would be insulted at the thought your putting those qualifications out there, almost like "stolen valour".

Also there is this:

http://jeffjoslinmma.com/uncategorized/joslins-canadian-open-2009-no-gi-results/

and this

http://jeffjoslinmma.com/uncategorized/joslins-canadian-open-2009-gi-results/

and this

John Rogers shared a memory. (facebook)
November 30 at 9:05 AM ·
9 Years Ago

John Rogers
November 30, 2009 ·
Won the Ontario Blue Belt NO Gi Middleweight Championship. Tougher climb because it was open to all ages.

There are actual records of me winning stuff. When I was 40, I won the over 30 Canadian Open (for my weight class) in No gi. I finished second in Gi. I hope to win the over 40 this year....at age 50. I have my purple belt in BJJ but no real desire to go higher.

There is no "ninja" nonesense. I study, and train to fight. This is MY sport. I was never in the UFC, and I certainly was never close to world champion. I am sure if you met me, you would have a great time having a beer with me. I doubt it would go further than that.

So just be YOU. Stop pretending you are something else.

Michelle (trusted member) Trusted

@1534...I would like to expand on this if you don't mind..I have no problems admitting that you helped me with this case. And I think this will show potential clients that Ken, John and Michelle can work together to benefit a client. As ultimately we care about our clients getting their waivers. The case Ken is referring was a client of mine, who really had a very simple conviction, and why this ever turned out to be a complete nightmare, I will never know. I have done many cases such as his, and some even more complicated, with zero problems. Now, there were a few things that my client neglected to tell me until application was submitted, and we were questioned about from USA Customs, which is never a good thing. I believe this contributed to the reasons application and appeal was denied. However, they were minor issues, and I was simply at a loss on how to continue with his file, after 2 applications and 1 denial. Even the Port Supervisor at USA Customs was "stumped" on why his waiver application was continually being denied or having issues. This Port Supervisor even issued my client a "Parole Pass" because he simply couldn't believe the problems we were having. I asked Ken to see if he could help my client, as client's daughter lives in the USA, and he really needed to be there for her. Ken stepped up right away, contacted my client and now he has his waiver, in a very short amount of time. Ken, whatever you did to make it happen, I thank you!!!

I also can't go without thanking John Rogers for the support and referrals he has sent me also. I will definitely be sending referrals or clients to either Ken or John in the future, as I believe they both offer tremendous benefit to anyone dealing with them.

I wanted to share this post, to show that although we three experts have difference of opinions on some issues, and that we are strong willed in our beliefs, or have a bit of "guy" "power" "LOL" we will work together to help a person.

jazzsax1 (trusted member) Trusted

John - so this guy basically got approval at 5 years by the sounds of it? (even though it wasn't criminal)

I would love to hear if anyone is seeing any approvalsfor under 5 years since conviction anytime around now. Obviously I can wait longer, but I'm impatient. LOL. Curious if there is a trend that more applications in the pipe right now are simply being approved with less scrutiny, or if these cases were an anomaly.

John Rogers (trusted member) Trusted

@Jazzsax. You and I have talked this one to death. If you look at what Ken has written about 5 years and Michelle as well, you will see on this issue we all use the same guideline. If possible, wait 5 years. If not, we will still do our best. Obviously you want the best possible chance at 5 years right away as well.

Great description Michelle, and its great that Ken could help. Nothing more frustrating than when someone doesn't follow the usual "path" and your not sure where to take it next.