Waiver application processing times

#1560, Adelaide, yes, it was considered fraud. However, as in each case it was very unique, she was considered a refugee from Somalia, and was granted asylum status in the USA. She was also under extreme and abusive control by her husband at the time, and he completed all the paperwork on her behalf, as she spoke no English and did not understand English at the time. There was consideration given to these circumstances when we applied for the waiver.

#1561 - Michelle.

That seems like a complex, and as you mentioned, very unique case. Congratulations to you for being successful on her behalf.

I'm a little confused however as to why she would need a waiver is she had already been granted asylum status in America. Wouldn't that status be considered legal so how could she be living there as illegal?

@Adelaide

You are right about US immigration being flooded by demands of waivers. It happened also back in 2015/2016 and USCIS had released a statement that first time waiver applicants could get a 5 year waiver the first time. However, with the current administration they changed their policy somewhere in late 2016 again. Many people got 5 year waivers before 2017. They started particularly being tough on drug, sexual (crackdown on prostitution) and fraud offences. This has caused another backlog and they are starting to overlook many decisions taken by the current administration. So we can conclude that waivers are a cash grab if anything and the system needs a major overhaul.

#1563

Unfortunately, VERY unfortunately, we got the Trump administration. One of the top mandates of Hilary Clinton was to overhaul the immigration system and particularly as it pertained to Canadians. She felt that some of the immigration policies were quite draconian in their application and it is somewhat common knowledge that since her husband had capitulated on certain things as it pertained to immigration back in the 90's (as a way to appease the Republicans to push some of his policies through- which subsequently backfired) Hilary wished to revise that history, as it were.

No doubt the system needs a major overhaul. American immigration has been a nightmare for quite some time.

#1562 Adelaide, her asylum status was removed due to obtaining an Immigration benefit under fraudulent purposes. She now lives in Canada, and needed a Waiver to enter the USA.

#1563 - Ironic that they are harsher on fraud when they themselves are the biggest perpetrators of fraud.

I'm wondering if it's worth taking the risk with the shutdown applying early and seeing what happens (3 1/2 roughly post conviction). Pretty sure John and Ken will talk me out of it. LOL

@jazzsax1

You know how I feel. You have researched it to death so you know as much as anyone else the possibilities. Whenever your ready, I am ready.

#1565 - Michelle

Thanks. That makes sense. I'm guessing she's a Canadian citizen now which would've helped in her waiver application I presume.

#1566 - jazzsax1

It's a do as I say not as I do equation with the Trump administration.

From what I've heard from a very experienced immigration attorney a great deal of waivers and visas (E-2, EB-5, etc) are being approved that normally wouldn't be approved because they simply don't have the resources to do the really extensive adjudication researches they normally would do. (That is the supposition apparently).

@Adelaide

“From what I've heard from a very experienced immigration attorney a great deal of waivers and visas (E-2, EB-5, etc) are being approved that normally wouldn't be approved because they simply don't have the resources to do the really extensive adjudication researches they normally would do. (That is the supposition apparently).”

Please be cautious with this. When a waiver cannot be quickly approved (most are coming in 90 days or less) they are put in "secondary security" which slows down the process. In other words, people who applied in January 2018 who are getting rejections are just getting them in December.

When I hear 'experienced immigration attorney' I think "guy who probably sees less than half the waivers I do" and I am seeing approved waivers being quick, but problem ones are slow and people ARE getting rejected. I met a lot of people at the Airport who had shaky waivers before they shut it down in July 2018, sometimes 50-80 people every Tuesday. These were waivers they did themselves or used some horrible companies, and lawyers.

These people are in many cases still waiting for an answer, and the ones from last December 2017, January and Feb 2018 are just getting registered letters NOW saying they are rejected. Trafficking especially.

So although I am seeing a "hint" of what this person is saying, overall I am not seeing some flood of marginal waivers approved. I still average an appeal a week, and turn down 2 others, mainly because most people realize its just smarter to reapply after more time than appeal and wait months for another "no".

My sources in Homeland Security tell me they aren't being more lenient in Herndon Va, but have taken resources away from northern borders and focused on Mexico, as a way of making splashy headlines that forward the Trump agenda of "Mexican killers and rapists are pouring into the border".

I have no comment on visas, only waivers. As you all know, I look for patterns all the time, and I am not seeing enough evidence (other than anecdotal) that its MUCH easier.

On here we had the poster with the prostitution who was successful after 3.5 years, and Michelles client, but these are just 2 examples. I would argue they aren't that out of line with past results.

:: @John Rogers added on 05 Jan ’19 · 13:43

I would also argue that Michelle tries to discourage cases that are 50/50 because of her integrity, and she does an excellent job. So I am not surprised by her success with her 10 year ban case at all.

#1570

@John Rogers

Trust that your point is well taken. In no way was I trying to suggest "marginal waivers" are being approved.

The immigration attorney I'm referencing actually has been in practice for 17-18 years and specializes in US immigration (US based). She does not claim to be a waiver specialist/expert by any means as that is not her focus at all. She merely relayed information to me from her recent experiences where she has seen visas be approved that normally would not be approved without RFEs, etc... Actually she was somewhat shocked and surprised by this and in conference with her colleagues put it down to resources being put elsewhere in the adjudication of these things.

I will say this - she has definitely intimated to me that it be best that I use a Canadian based waiver specialist in my case. She is a long standing friend so I trust her on her word in this matter. In America apparently these things are typically handled by attorneys but Canada has a different system that allows paralegals, etc to do things that normally only lawyers in America would handle. Trust that I can only relay the information she has provided me as obviously this sort of thing falls outside my purview.

Nonetheless I appreciate that you felt the need to weigh in on this. As you clearly stated "please be cautious with this"... Obviously your phraseology suggests that you are of prudent mind. Trust that I, too, am of prudent mind but only relayed information provided to me from someone who is by no means a flake or inexperienced.

@Adelaide

Good points. I was getting some calls because people were assuming that now might be the time to apply vs waiting because they are assuming things are very lenient right now.

And as you correctly pointed out, Visa vs Waiver cases might be completely different.

#1572

@John Rogers

Just another point. I was told that some of the bleed over from visa cases being approved (that normally would require a more extensive vetting) probably would affect the adjudication of CERTAIN waivers (there has been evidence of this) as certain agencies' databases weren't being accessed that normally would be in the adjudication process. I would surmise that waivers that are sent into "secondary security" are perhaps the most egregious cases and ones that come back quickly are more "slam-dunk" type cases.

This is not to suggest any leniency but perhaps a less rigorous vetting.

No matter the case I have yet to do a waiver (most likely later this year will get on it) ...could probably do it myself and most certainly with the help of my attorney friend but when she tells me that my BEST course of action is to go to a waiver specialist such as yourself or whoever else then I take that advice seriously.

@Adelaide

On #1575 yes it would be too early.

On your other point, another waiver I just found out was granted in less that 60 days. That's at least 8 waivers granted in significantly less than 90 days, all granted before Christmas. Not all were re-applicants but most of them were.

I have been telling clients it should be granted in 90 days or LESS, specifically so if this does NOT happen, they will call me. Hopefully I can give more information as to whether this is a trend or blip. I assume Michelle is probably seeing them come in faster as well, but maybe hasn't had the time to post. If she is like us, January is a pretty busy month.

@1576 and @1577, yes, I agree, it is too early to apply for a waiver, however, please keep us posted, as you never know for sure what US Customs will do and depending on the circumstances. Thanks!

@ricky470 what you have been told is NOT true.

I have 2 clients with waivers dated SINCE December 23. I am not surprised the emails may have stopped for now.

I would advise waiting until the shutdown is over before emailing ARO. Despite Trumps bluster, this cannot go on much longer.