@1539 jazzsax 1, I have not seen any changes in Waiver applications at all..processing time for my clients is still 3 to 5 months, and with the same scrutiny as always. There is always an exception, where it goes really well, or like the one I just mentioned; really bad for no apparent reasons. If you can wait, you should wait the 5 years, but if you really want a challenge, file an application now, the worse will be that happen is your application will stay in "waiver space" until the 5 years are up or you will be advised that it was too soon to file and you will have to re-apply down the road.
Waiver application processing times
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@John I know we have, just curious if anything has changed recently. Never know when they are just rubber stamping applications (LOL). Maybe DHS is so pissed at Trump they are just letting everyone in to piss him off.
@Michelle - I hate waiting, but I know I'm going to need to wait a while. Bah
Well, thank you, Michelle, for your support. It was a simple but complex case rolled into one. The denials are what made it the more complex. Anyway, the bottom line is that the client got cleared. This is what the forum is supposed to be about...as opposed to 1537(hand clapping/cheerleading) and I will leave that part as said.
Only thing I would say is that our guidelines/techniques are different in certain cases. Yes, the 5 Year rule does apply. However, we do things differently.
An example is that we have a client that literally has been charged and/or convicted for literally every statute in the Criminal Code of Canada. His case was the biggest challenge that we have ever had and we eventually got him a waiver. His case took 8 months to prepare as it was a monster showing rehabilitation and other things in his case. He has also paid the highest fee that we have ever received on a single waiver case but it was worth it. We are now working on his 2nd one now. So the guidelines in his case are different than the standard ones that we do.
Also, #1535 is my administrator and she wants to start getting into the case processing part of the business. She is working an overstay case and I showed her how we can possibly get the guy a lifetime clearance since he did not get issued an I-94 by C.B.P.
The technique is that you have to sit down with the guy and find out the specifics on his case. You have to write up a mathematical analysis indicating the dates were technically not an overstay. You can also include information showing which dates were valid and which ones were not. You have to know how to indicate that the non valid dates are under 1 year. If over 6 months, then he can get a 3 Yr ban which is fine since he would only need a waiver for 3 years only.
Again, like Sarah said...The devil is in the details. We successfully did it with a guy that had been there for 3 1/2 years but technically was not an overstay based on certain things.
I have a new guy coming to the Burnaby office that has a semi-complex case involving Armed Robbery of drug dealers 4 1/2 years ago.
John and Ken, I just received my notice that It is time to renewal my Fingerprint Accreditation...I hear that since the RCMP have taken this back from Public Works, that it is a nightmare!!! I will keep you guys posted on the regulations now..Wish me luck..
We moved offices (same building just much bigger offices) and we had to do the inspection, the interview, the checks, everything.
The interview was brutal. We had to go up to Newmarket, and it was 4 hours. Hopefully yours will be easier since you in the same location.
Its worth it though, fingerprinting makes it easier for the clients, and its a nice steady stream of income outside of pardons and waivers. We also get quite a few people who are planning to try either the pardon/waiver on their own, but because they liked us when they visited, they come back and let us do the application for them.
Worth the hassle of accreditation. Not to mention, the RCMP does everything from criminal, to credit checks because they want to ensure the person is not going to take $$ to beat the system or give access to the information we gather. So clients can be assured anyone who is accredited has been thoroughly checked, and better, has a lot to lose if they are dishonest.
@1545, Thanks John, Interesting enough, I got the call, because I moved 5 years ago, and although I was inspected at that time, their files were not updated. Last week I asked for a copy of my Accreditation letter, and this was now caught, so they are treating me like I just moved.. :(
That sucks!
We have been so busy with fingerprinting the last couple of months. Today 11 sets, and that not even the busiest day of December. We have other staff that help Jennifer with the Pardon work or she would find it impossible to keep on top of anything.
Brampton is well positioned, its about 700K and so many people moving FROM Toronto, and other countries as well. We are so busy with citizenship and PR fingerprints. We didn't plan it that way, but it certainly worked out.
1545 & 1546 I wish both of you well in your accreditation process. I am still on the fence about printing as it would be the last thing on our agenda if we decided to get into it. It is easier for us to have an affiliate to do it...Although one of my guys went through the RCMP accreditation process for our fingerprint affiliate and he can do mobile prints for us when he retires from his other job at Air Canada. It was easier for him as he already had a security clearance for the government.
So yeah on the fence for sure but warm wishes.
Opinion required,
I see the 5 year waiting time mentioned here often enough, but is that from completion of sentence or from date of conviction?
I applied as soon as my conviction was completed but after 27 months received a denial letter, it did not specifically mention why I was declined.
I'm just over 5 years since conviction but not quite 4 years since sentence was completed, should I apply now or wait?
BTW my charge is tax related, filing a false statement from 2010, it's considered a Crime of Moral Turpitude so quite serious in US.
Thanks for any input.
If you file now, and get it done right (personal letter is very important) you have a decent chance at a waiver, probably a 1 year.
If you wait until 5 years, a better chance of success, and a better chance and possibly a 5 year waiver.
Again, assuming a strong personal letter and no outstanding restitution.
Just an update from my previous posts. We got a follow up request for a request of evidence for my parents. Gathered the supporting document of me supporting them while they were in the states. Provided my Work authorization and hospital visits. Sent it back to them for review Nov 3rd. Waiting for an update now from.
Give us a coles notes reminder as to what you were applying for etc.
Applied for (filled out myself as I always have) new waiver (previous 3 were all 5 years) mid October and received new 5 year mid December so 2 months processing time. Filed at Sumas border crossing in BC. My other one was still good till July 2019 but I've always applied 9 months in advance just to be safe. Might go down to 6 months in advance next time since the're a lot of $$$$.
Similar, client handed it in October (he picked it up on October 2nd and handed it in right away) got his new 5 year dated December 10. So 68 days (approx)
I have been advising people who have the flexibility to hand it in no more than 4 months before so that they aren't wasting the old waiver. If you really have flexibility 90 days.
Anyone with Trafficking, you will NOT get a fast waiver right now, even if you have multiple waivers before.
#1553 - @PJ1
May I ask what your offense was that requires you to need a waiver?
Hi All, hope you had a great holiday and are ready for 2019. I have noticed that the trend for the USA approving waivers has improved slightly. I have a client who has a 10 year ban for living in the USA illegal for 6 years, during that time she had applied and was living under Immigration status under a false name. She has 2 years left on ban, and wanted to apply for waiver against my advise due to family issues. She delivered paperwork in Oct and received a 1 year waiver today. I am very surprised, and extremely happy for her. So this proves that even though I advise to wait until ban is completed, there is always a chance. It really depends on you the client, we can only help you through the process.
#1556 - Michelle
I've heard that the US government is somewhat swamped with an overload and an immigration attorney I spoke with mentioned that waivers and other visas are often getting approved easier these days as not a lot of RFEs (Request for Evidence) on certain cases are asked for (that normally would be) as they don't have the resources to handle all the cases these days. Apparently they've relaxed the "rules" on certain cases.
That being said - did your client have other offenses or just and overstay? In your experience, and as you've stated in how you wish to handle those cases, do you generally see waivers NOT getting approved on overstays until the ban is COMPLETELY over?
I often see the "5 year rule" mentioned on here. With someone with a 10 year ban for an overstay in your opinion AND experience is waiting just 5 years not enough time on these specific overstay cases?
:: @Adelaide added on 02 Jan ’19 · 17:36
CORRECTION - Should read - "That being said - did your client have other offenses or just AN overstay?"
NOT "and" in the first sentence of the 2nd paragraph.
1557@Adelaide, The overstay was my client's only issue. No criminal record or history. I personally do not like doing waivers before a ban is over or at the minimum 6 months before ban expires. This is my opinion only and my reasons are: My business is 95% referrals. If a client does not get a waiver after hiring me, it effects future business. I do offer to re-do the paperwork for free if a client is refused or denied a waiver, however, they still have to pay the USA Filing fee again. To re-do a waiver for free is money out of my pocket, and I tend not to take the chance. I do review each case with a client before we start and I give them my honest opinion of what I think will happen in their case. It is always the client's decision to carry on with application, this way if it does not get approved they were fully aware of the risks. In this case, the client had some family issues in the USA, and was more then willing to accept the risk and convinced me to take her case. I see the 5 year rule also that others use to run their business, it is not something that I do, not saying right or wrong, just not a thing I am comfortable with.
#1558 - @Michelle
Thanks for the reply.
In #1556 you stated that your client "was living under Immigration status under a false name". Doesn't that ALSO constitute fraud and as such, according to US immigration rules, a crime of moral turpitude? That being said would this not be considered much more serious than just a SIMPLE overstay and add an extra dimension to what your client must have had to overcome in terms of receiving a waiver and the adjudication of that waiver?