I-194 Waiver Forum

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John Rogers Trusted

As a note to everyone:

@Changed had no criminal record. Answering honestly did him no favors here. Even under the best case scenario, where he gets a September letter

- he missed that trip
-he has to do a waiver
-even if he does it himself, he will spend $80+ on fingerprints and $585 USD
-he had to listen to me lecture him on here (the worst punishment of all)

***Know if your record is showing. KNOW what they can and cannot see. NEVER be honest unless your happy to pay the $$. If you are happy to pay the $$ and want to be honest, do a waiver before you travel**

Changed

Hi john,

Thanks for the info.

I was charged in April /June 2012, convicted in July 2012 about a week after my 17th birthday. I’ll be sure to include those details.

Good note on being smart. I’ll be sure to phase it an a way that states I worked really hard to change. I don’t think I’m any smarter than anyone else, I just have worked really hard to change my life around.

The court record do not state marijuana specifically, they just state the section of the CDSA (schedule 2 ppt)

John, do you think the US put my fingerprints / photo on some sort of international database such as Interpol after denning me in need of a waiver and being refused entry? I am just wondering how this could effect my admissibility to other countries that require visas / etas given that there is no criminal record to countries to search unless the us created something on me.

Thanks

John Rogers Trusted

@Changed

“John, do you think the US put my fingerprints / photo on some sort of international database such as Interpol after denning me in need of a waiver and being refused entry? I am just wondering how this could effect my admissibility to other countries that require visas / etas given that there is no criminal record to countries to search unless the us created something on me.”

Absolutely not.

In 2021 the EU is supposed to bring in some sort of visa system. You have no criminal record, so no problem. For those of you who still have a record, that could become a problem. When I do EU waivers, I will be charging in Euros. (kidding probably)

Changed

Thanks John,

I was a little worried about the five eyes (fcc counties us/ canada / uk/ New Zealand / Australia )high value data sharing protocol in that they share biometric information for immigration purposes.

However I found this information that I’m sure will comfort a lot of people if they had the same worry:

4.3.1 Will we use the Protocol to check our own citizens?
We have also agreed that the fingerprints exchanged for searching under the Protocol will not contain fingerprint data of known FCC nationals. Thus a national of the UK or another FCC country, who does not purport to be otherwise, may be assured that his or her fingerprints will not be searched under this arrangement. The only scenario in which the fingerprints of a FCC national may be searched under the Protocol is where that person is purporting not to be a FCC national. For example, one person whose fingerprints we exchanged during trials because he was claiming asylum in the UK as a Somali, was found to be an Australian citizen, who was wanted in Australia for rape. Identifying this enabled the UK Border Agency to resolve his asylum claim and return him to Australia. This is appropriate activity for immigration purposes.
In the case of the UK, this also means that we will not search fingerprints of known EEA nationals or their family members, who have free movement in the EEA and we would not therefore have an immigration reason to check their fingerprints outside the EEA.

Based on the above it appears that the fcc countries only are instered in sharing information on citizens that do not belong to one of the fcc countries. So everyone from Canada should not worry about the us sharing inadmissability to other countries though the 5 eyes data sharing agreement

From:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/257229/pia.pdf

Changed

Also for those interested in more information on the upcoming European visa mentioned above (ETIAS) details are available at the following official website:

https://www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/Etias

Under establishing regulation items to disclose on the ETIAS application will be:

In addition, the applicant shall provide answers to the following questions:

. In addition, the applicant shall provide answers to the following questions:

(a) whether he or she has been convicted of any criminal offence listed in the Annex over the previous 10 years and in the case of terrorist offences, over the previous 20 years, and if so when and in which country;

(b) whether he or she has stayed in a specific war or conflict zone over the previous 10 years and the reasons for the stay;

(c) whether he or she has been the subject of any decision requiring him or her to leave the territory of a Member State or of any third countries listed in Annex II to Regulation (EC) No 539/2001 or whether he or she was subject to any return decision issued over the previous 10 years.

Item C is a little worrisome, as third countries in annex ll include America. My interpretation of this is that if you are turned away at the us border and told you need a waiver within the last 10 years item C would apply under a return decision ( the requirement to leave would not be met however, as you never really entered as you were denied at entry).

Thoughts?

Michelle Trusted

@1913 Kamara

“Previously overstayed - was on automatic 10 year ban. Travelled to US hundreds of times with waivers during 10 year ban. Last year 10 year ban was over and have been traveling US without waivers and without any issues at the border as it is not required anymore. Thinking about getting nexus but little nervous as the eligibility criteria says no previous immigration violations. I have asked few CBP officers and they think it shouldn’t be an issue but no one can vouch for sure. Anyone successfully applied nexus with previous overstay history.? I just don’t want to apply if it is not worth it but man seeing those nexus line move faster while waiting on general line just too much. I will hang up and listen.”

I copied and pasted your comments here, so that I could address them. Sorry, no disrespect, but the information in your post, does not makes sense. If you are a real person, and not the "rogue guest" on here, your case is definitely an exception to all the rules, and others should not expect this seemly "no waiver anymore" to happen to them.

Just because your ban is over, does not mean you do not require a waiver anymore..I have been down this road before with clients, who thought this same thing, tried traveling without a valid waiver and they were denied. Maybe you have not been caught again?

Based on my experience and understanding of Nexus cards. You will not qualify for one, however, if you decide to go ahead, please let me know the outcome.

Adelaide Trusted

#1928

Troll alert.

This fool doesn't have the requisite nous nor vocabulary to properly imitate me. Such a paucity of understanding.

Bless their heart...

kamara

Hi Michelle,
I am a real person and I am just asking simple nexus question.

Your comment does not make sense. Do you really think you can fool your way into US without officer knowing of your previous 10 year bar? It just that he does need to deny you from entry solely based on that anymore.

Let this be a public announcement to folks whose 10 year bar over. No - You DO NOT need a waiver after 10 year bar is over. In fact my 5 year waiver has few months left but I don’t need to show it anymore. Once the bar is over, make sure you let the officer know and he/she will send you to secondary as they can’t override from the booth. Once inside, they will do the full rectum check of your history while you sit and wait. Once done, they will take the I- 194 that’s stapled on your passport and will put the comment in the system that you are no longer inadmissible for immigration violation as 10 year is over. Simple as that

After that you just cross US border with passport. I am walking taking proof of it. Don’t believe me? Take a drive down to US border and ask yourself to CBP officer. As a matter fact they won’t even take waiver application because the reason to get a waiver itself is not there anymore. I am surprised you do waivers for a living and don’t even know this simple fact. But it must be true if your clients tell you that.. lol. The inadmissibility is essentially over after 10 year bar. It is not a lifetime ban like other convictions. You are mixing immigration violation with other criminal convictions. But don’t let my 2 cents keep you from getting waivers for your clients if their 10 year bar is over.. lol

John Rogers- I have no idea what September letter is. My last waiver was 5 year valid and that crossed over my 10 year bar.

Anyways, waiver is not my headache anymore and I wish everyone best with their waiver applying themselves or through a third party waiver gurus like above.

Folks let me know if you have applied nexus after 10 year bar is over. Share Your experience... good or bad. Successful or not it will be help me plan better in my case

Kamara

Correction ** i meant to say “form I 94 stapled in passport” not I-194.

Adelaide Trusted

#1932

This little hebetudinous muppet seems unable to discern the difference between "to" and "too" and its purposeful application. Bwahahahaha....

Interesting you would make the erroneous assumption it is a "he" thus elucidating the projection that the troll is indeed a "he". I just love the muppets who have such a dearth of nous as to give themselves away.

Sit your silly tuchus down and return to the corner for some more lachrymose ululating you numpty.

Troll away.

John Rogers Trusted

Is it @Kamara or @kamara...why two profiles?

My experience is the same as Michelle's. People with a 10 year bar are still doing waivers. There have been exceptions to the rule, but it is not a common occurrence.

“As a matter fact they won’t even take waiver application because the reason to get a waiver itself is not there anymore.”

@kamara how would YOU know that, since you were SPECIFIC that you have only done a waiver yourself. Are you saying this was YOUR experience? You found this out when you were filing for your next waiver?

Kamara

Mr Rogers, Of course I am saying that from what CPB officer told me when I asked if waiver still applies after the ban over. Rest you take it the way you want it. I am not that special person for CPB to make an exception. US immigration laws do not work that way..lol
Kamara or kamara ... it is same ... look at my writing style. Pay attention to details lol

John Rogers Trusted

@Kamara I do pay attention to details. That is why I noticed the two different profiles.

You say you are not the exception, yet as I have noted, you absolutely are. Since my perspective is "wide" and your perspective is "narrow" (just based on the waivers we have done/participated in) and I am assuming you are being accurate, then let me tell you once again you are the exception, not the rule.

Like a lot of people, you seem to take what a Homeland Security officer says as gospel. An AMERICAN at that. Experience has told me his job is to look out for American interests, not yours. But he was "nice" to you so....

Anyways, I am happy that you had such a positive experience. Hopefully people who are in doubt check for themselves and maintain a healthy skepticism when they talk to anyone, especially in uniform.

Michelle Trusted

@1930, Karma, "Your comment does not make sense. Do you really think you can fool your way into US without officer knowing of your previous 10 year bar? It just that he does need to deny you from entry solely based on that anymore."

Me: This response of yours makes absolutely no sense to my comments..so I won't even bother with it...

"Let this be a public announcement to folks whose 10 year bar over. No - You DO NOT need a waiver after 10 year bar is over. In fact my 5 year waiver has few months left but I don’t need to show it anymore. Once the bar is over, make sure you let the officer know and he/she will send you to secondary as they can’t override from the booth. Once inside, they will do the full rectum check of your history while you sit and wait. Once done, they will take the I- 194 that’s stapled on your passport and will put the comment in the system that you are no longer inadmissible for immigration violation as 10 year is over. Simple as that

ME: If this happened to you, you would be an exception to the rule, I have never heard, of a Custom Officer okay, with you not providing your Waiver paperwork. In fact just the opposite, people have been detained, even advised that a waiver can be revoked for not properly displaying it to the Custom Officer. I would never advise a client to not provide their current waiver paperwork immediately with their passport.

“After that you just cross US border with passport. I am walking taking proof of it. Don’t believe me? Take a drive down to US border and ask yourself to CBP officer. As a matter fact they won’t even take waiver application because the reason to get a waiver itself is not there anymore.”

ME: The purpose of a I-192 waiver of inadmissibility is to enter the United States because of a criminal history or because of an overstayed a previous visit. No where in any official USA Customs information, does it say that an waiver is no longer required because your ban is completed.

ME: Unless you were issued an official September Letter, in my opinion, you will be denied at some point in the future. However, until then, continue to enjoy your travels.

I am surprised you do waivers for a living and don’t even know this simple fact. But it must be true if your clients tell you that.. lol. The inadmissibility is essentially over after 10 year bar. It is not a lifetime ban like other convictions. You are mixing immigration violation with other criminal convictions. But don’t let my 2 cents keep you from getting waivers for your clients if their 10 year bar is over.. lol

ME: I sense a bit of resentment towards John and myself because we offer a professional service helping people with Waivers and charge a fee. I don't understand why people have issues with this, we do not force someone to hire us..we are no different than an accountant, lawyer or electrician that you hire, so why the attitude?

“John Rogers- I have no idea what September letter is. My last waiver was 5 year valid and that crossed over my 10 year bar.
Anyways, waiver is not my headache anymore and I wish everyone best with their waiver applying themselves or through a third party waiver gurus like above.”

ME: Thank you for sharing your experience, but it should be noted as that, it is your unique experience.

And if anyone who has a valid waiver wants to test Mr. Karma theory, about not showing your waiver to USA Customs when traveling, please let us all know how that went...

Michelle Trusted

Addition to my comments on #1937. I will add that once a ban is finished, you do not have to submit the I-212 and all the extra paperwork that goes with that application, in addition to the I-192 any longer when applying for a Travel Waiver. Maybe this is what Mr. Karma is thinking???

Kamara

Mr. Rogers, we are talking from our experiences and I agree yours is wider via your clients and mine is well ..mine and what CPB told me multiple times. I am assuming your clients have other issues along with other immigration violations requiring continuous waiver.

My job requires me to travel all the time to the US and my experience has been awesome at the border both when I needed waiver to enter and since last year without needing a waiver. I highly recommend to go CBP office if you have any questions. Get the information directly from the source. Thing is you have to present yourself at border respectfully to the officers and they will support you with your inquiries most of the time. if they don’t know they even consult with supervisors and let you know. Last thing you want is act entitled and argue. That will pretty much do it. Cheers!

Kamara

Hi Michelle,

There is no point in trying to even get into straight talk with your ramblings. I will let you have you with your “you must be exception” thing.

I-212 for waiver application for overstay? Seriously?... lol.end of the thread. I know you provide service for clients charging fees but continuous education is a must in any profession.

There is no resentment here either you and definitely not John ... like I said I am here to find a nexus question and CPB hasn’t been able to provide with certainty for my peace of mind

If I were to hire a third party to help with my waiver I would rather go with John. My 2 cents. Cheers!