Waiver application processing times

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John Rogers (trusted member) Trusted

@Tommy, that why Michelle asked actually. We do the personal letters and in most cases the reference letters for the clients as well.

If its a simple case and the client can get reference letters easily, then we go with that. If its more complex, or the client needs it, its much quicker to write the letters myself.

@Ridge all that is required is a letter of employment. Bank statements are NOT needed and I would strongly suggest not submitting these. If you are self employed, then a tax assessment or even a T4.

I see people being told to submit 6 months of "bank statements" and I cannot believe that someone would comply with that. You just gave Homeland Security access to your bank account. You just gave someone in Virginia a potential goldmine if they wanted to sell that information. Imagine a year from now money disappears from your bank account. You wouldn't even realize it was tied to your waiver.

I have never given banking information as waiver requirements. Its much too invasive and the want to know you are WORKING and where. That's all.

tommy

@ridge i am like yourself just a regular person who had to get a waiver not trying to sell services to anyone as for bank statement i sent most recent one with account # crossed out to prove my ability to afford to travel and i did my own personal letter myself as you should i mean how does someone doing this besides yourself truly know the circumstances of what happened and i bet that people that approve these waivers on a daily basis can spot the truly personal ones and the ones done by someone else . write it your self and be truly truthful and genuine no matter how bad you feel you may look this is what i done and i got it already like i said 112 days in my hand even with a 5 week government shutdown which i thought would delay it and five years i still can't express how happy i am .

John Rogers (trusted member) Trusted

@tommy

They know the difference between someone doing it themselves and someone doing it through someone because on page 7 that person who "prepared" the forms is listed. So your page 7 would have listed the Commissionaires.

Bank statements are NOT needed. Notice as well Tommy you got a 1 and THEN a 5 year. It could be argued that you should have gotten a 5 year on the first try, your offences are not that serious and pretty old. In that context, the $230 is only "cheap" if you disregard the fact that in a 2 year span you have to spend $585 twice.

Homeland Security is not going to give someone 5 years, or even approve a waiver because I did it for you. My job is partially to do the work, and partially to understand what requirements, words, documents get the best results.

Homeland Security is also not going to cut someone a "break" because they did it themselves. There is no incentive for them to approve more or less waivers.

At the end of the day, @Tommy you are thrilled with with the results, and that is all that matters.

Michelle (trusted member) Trusted

@Tommy and John Rogers, Yes, I missed Tommy was in Halifax, and yes, I suppose the different markets call for different prices. I really don't do many waivers out of province other than Saskatchewan and Alberta. Here in Saskatchewan, court documents for a waiver are $75..Pardons are $100, and fingerprints are $80. Court documents in Alberta are $20 per conviction, so can add up extremely fast. So I am used to dealing with much more expenses. I agree with John, I never submit bank account info. In the case of I-212, I will ask for tenant rental agreements or a house mortgage statement, but that is it. It is important to note, that there might be some regulations on submitting bank info to a 3rd party. Many people do not realize that it is against Health Canada Regulations to ask for a health card or photocopy a health card for any other purpose then medical reasons. I have my clients sign a special form advising that they are giving me permission to use health card as identification for the purpose of a pardon or waiver. Same with Social insurance number, should never be used as ID and never given for any other reason then income tax or employment purposes. Sorry, my police background coming out. Anyways, I would like to clarify also about how I do personal letters. I sit down with my client and they tell me their story and I organize their thoughts and type it out..they then sign it. We do this face to face, or over phone or email. Many of my clients like this as they really don't know where to start telling their story. However, the odd one will do it themselves. Again this is just my process..if you choose to do a waiver on your own, then submit what you think will help you..

Tommy

John Rogers you keep trying to say I spent 585 twice and had a one year and then five year waiver this is Wrong. This is my first waiver again and it's valid for five years

Doug Burch

Good News!! mine arrived by mail today and another 5 years!! I can finally relax and get a good nights sleep! Many thanks John for a job well done!!

Doug Burch

In case anyone is counting 14.5 weeks since applying

Tommy

Yes Greg Zomars with commissionaires was listed on my waiver as helping prepare it but again i prepared my own statement as per the us entry waiver instructions

Ridge

@ Tommy thanks again for the inspiration. I kind of think the same way as you do. And I'm truly glad that the "waiting" part is over for you.

@ John thanks for the input. It really helps a lot of readers of this forum.

@ Michelle thanks a lot too for sharing your knowledge, lots of people really benefits from it.

John Rogers (trusted member) Trusted

@Tommy, I misread your first statement, sorry. My mistake.

@Doug Burch - awesome news. No need to a Port Parole now. I am very relieved. I saw the message you called (I coach rugby for the local high school in the spring so I am out of the office a couple of days a week form 2:30-430) and this will also give some other people a good benchmark. Can you remind people of the exact date you handed it in, and the exact date on the waiver?

jazzsax1 (trusted member) Trusted

Wow all these lucky people getting 5 year waivers while I wait to apply.

Daughter just made the Div 1 Sr Ball team. next possibility from there is the travel team which would suck as I need a waiver.

John, how soon? LOL

Doug Burch

I submitted my waiver (renewal) Sunday, Dec 8th, 2018, the waiver is dated March 18th, 2019.

John Rogers (trusted member) Trusted

@jazzsax1 whatever I told you still applies.

jazzsax1 (trusted member) Trusted

@John I know John but maybe something changed, maybe Trump got hit on the head, and maybe you stopped voting a mishmash of Orange/Red. :)

Canada1982

I submitted Jan 28,waiver dated March 11th ,crazy i know,as my first waiver took two damn years and was valid one year.This one is for 5.

Javier

Have a conditional discharge for voyuerism for trying to look up a woman’s dress, after 8 months of embarrassment and paranoia of not knowing what will happen with myself and the stress placed on my family plus the tens of thousands spent On a lawyer is enough to deter anyone from making a stupid mistake again. My work requires me to travel to the states every 2 years for a week to update and maintain my credentials. Can either Michelle or Rogers give me an input as to the chances of getting a waiver with a discharge and if it falls as a crime of moral turpitude.

HatsBootsHatsBoots (trusted member) Trusted

@ Javier

A canadian conditional discharge is a criminal record for US immigration purposes. An absolute discharge is not as this is considered deferred adjudication.

Either way, CBP is notorious for not knowing their own immigration laws and will deny almost anyone with a criminal charge whether they were proven innocent, guilty or criminally not responsible. A drunk driving or simple assault charge are the only two offenses that will most likely not bar you entry to the US.

Voyeurism is not an offence in most US states as of yet, neither for the federal government. This will likely change in the future. However, it can be classified under sexual harrassment, intimidation or coercion. According to the most updated version of what is a crime of moral turpitude, sexual harassment is not a CMIT. This will likely change in the coming years. The matter will most likely be settled by US courts. These criminal charges are fairly new and it will take time for states to update their criminal statutes. Coercion and intimidation do fall under CIMTs however.

There is a rule in US immigration law that might work in your favor, the petty offence exception. The offender must only have committed one crime of moral turpitude other than prostitution or drug related, and the maximum sentence that can be imposed cannot exceed more than six months imprisonment if committed in the US. You can do the waiver and hope for Homeland Security to get you a September Letter under these circumstances. There is no guarantees you get a September Letter however.

Another thing that you can do is wait for your conditional discharge to be up, normally you must wait 3 years after the sentencing date. The discharge should be removed automatically but this rarely happens. You need to write personally to the RCMP to remove it from your record and wipe it clean. Another thing you can do is ask the local arresting police force, the police department that arrested you, to do a file destruction on your behalf to wipe out your record including shredding your fingerprints.

Voyeurism is considered pretty serious and will not necessarily destroy all the information but the fingerprints/discharge will be removed from the RCMP database. Certain information can still be obtained however under the Privacy Act, nothing gets really destroyed, just tossed aside from the public. Avoid all travel to the US in the meantime.

If all the info is removed from the RCMP database, CBP cannot see it if they never accessed it before. However, I have reason to believe that if you were issued a new passport after you were discharged, CBP can probably see the info when they scan it, therefore it is important to remove everything before getting one. If asked after by CBP, if you have been arrested, you shouldn't lie but I believe you have enough judgement to know what to answer.

Now, I do except for a certain individual, John Rogers, who posts here constantly to repeat what I stated in subsequent posts claiming that he is "correcting me". Obviously, he is looking for potential clients to expand his waiver business. I believe you are old enough to take the right decisions. He will charge you top dollar. So, I hope I answered all your questions regarding your situation. I do also waivers but I provide info free of charge.

Javier

Thank you hats, that was very informative, either I wait for the discharge to be removed and ensure everything has been destroyed, which is still 3 years for me, or basically I look for another job, which is unfortunate, as long as the company only pulls a criminal record check and not a judicial or vulnerable check my discharge should not show up within the timeframe of the discharge I’m unsure if my crime is considered a petty offense, I would be traveling to Waukesha in Wisconsin and would need to look that up. Either I try to see if Im able to get a waiver which means I would be doing this for life unless I’m lucky enough to get a 5 year waiver on renewal so it would be less of a strain in money, I’m just unsure if it would be successfull for this crime.

micelle

@1656..Javier..Hats...gave u pretty good info..c. disharge will be removed in CPIC 3 yrs from sentence date..until then. .u have a c.record which may effect new job hunting...I am not too concerned about ur conviction regarding a successful waiver..I would need to know much more details of the circumstances. .I am more concerned about the amount of time since incident and conviction date..then the event itself..if u received a successful waiver..most likely 1 year. .then 5 year on renewal..my thoughts..

Javier

@micelle
Thank you for responding, I would like to continue working at my current employment but would need a waiver , incident happened last year in June, sentencing this year, if the time timeframe is not in my favour then I can see why I would not possibly get a waiver, I would go to a waiver service online but they will not be honest and just submit the application knowing full well I won’t get it it, so I’m grateful for any information, if there is a possibility that I may get a wiaver then I will do it.