Waiver Inadmissibility

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jazzsax1 (trusted member) Trusted

@John You aren't the first person to assume my heart was covered in Ice. I'm actually a social conservative though, but I'm constantly misinterpreted because I'm a blunt ass bitch and tell it like it is. I expect the same back. LOL

That to me screams why the personal letter, references, and rehabilitation (ie what you are doing) probably also plays a big part in things (more than we think) if they are border line cases.

John Rogers (trusted member) Trusted

@jazzsax1

Part of the myth I also want to lay to rest is people who think "yes I have major convictions, and yes they are recent, but if I pay just the right guy a lot of money...I will magically get the waiver."

It doesn't work that way. Its clear they can be convinced if the right circumstances are in place. But we need the tools. If everyone is telling you its unlikely to get a waiver, and someone says "don't worry, I have a special package" they are ripping you off.

Trafficking is a BIG no no right now. I just got an email from a friend of a waiver client who did his own waiver, and actually did a pretty good job but had trafficking from 2003 (3 years in jail) and was denied. In his case he did not articulate:

-enough remorse (although he did take responsibility)
-he did not articulate awareness of "the dangers of drugs on society and our communities"
-reference letters (he had 8) did not mention people noticing how much he had "changed"
-they even attacked his drug test because it had the following on it "specimen collection and testing not completed using chain of custody processes. Results must be used for medical purposes only".

Again, his waiver was not bad, but it was for Trafficking. Same waiver 3 years ago? Granted.

jazzsax1 (trusted member) Trusted

@John That's what I'm saying though... you hit it on the nail... he didn't articulate key points..... (ie, enough remorse, dangers on society of the actions, noticed change, etc)

To be fair, both you and Ken have told me the exact same thing about my circumstances (wait to 5 years and then should be granted). No promises or weird shenanigans. :)

Adelaide (trusted member) Trusted

#20 - John Rogers

BTW - I always enjoy reading your input here.

As per you comment:

“And yes, I think race is a factor, although I have no proof. I will say that the vast majority of my waiver clients tend to be white. Because I do business in Brampton, South Asian is probably second.”

It is America after all and anyone who has their wits about them and has spent any significant amount of time in America will understand how acute the racist pathology of America is. Canada has her issues but America and "race" is off-the-charts exponentially more pathological.

At any rate would you discern, in your estimation (sample size being your clientele), that waivers are more often denied to those who are NOT white regardless of offense?

John Rogers (trusted member) Trusted

@Adelaide

It is hard to say how much of a factor race is and quantify it. Also because black waiver clients are only the third largest group I see, I have a hard time comparing them to white clients (my largest group). A lot of my south asian clients are not criminal record based, so again its not always an apples to apples comparison.

In terms of severity of punishment the Canadian justice system shows CLEAR bias when sentencing. That is clear and very easy to compare. Waivers are different because severity of offence, how old is the offence, and even sentence length all play a part in waivers.

jazzsax1 (trusted member) Trusted

@John are you seeing actual jail time vs conditional (ie, house arrest) making a difference in waivers or is CBP treating them all the same?

John Rogers (trusted member) Trusted

@jazzsax1 well conditional sentences are almost always shorter. No one is getting a 5 year conditional sentence. So it is seen as "better" but if they want to say "no" they will tack it on anyways.

Nastybobby

Hi there....need some advice....im starting my waiver application. Hère is my condamnations: 2003-thieft over 5000$
2017- harrasing communication(on the Phone)
2017- condition break

Is my change for getting waiver is good since last case is 2 years old?? Dont know if usa cares about phone harrasing.... ??

Michelle (trusted member) Trusted

@Nastybobby #28, what is a conditional break? and no, harassing communication is not a reason to deny a waiver. The theft over $5000 is more of a concern..depending on circumstances and if restitution was involved and did you pay it..

Nastybobby

Michelle, condition break is that i didnt respect one condition when i was supposed to( have communication with my ex when i was not supposed)...its related to the harrament case...for the 5000$ i was 18....now im 35, i have been fine 200$ for that with no jail..i already tried to cross the border and been deny because of the 5000$ thieft....its been a while, now im paramedic, kid, wife.....exept this harrasment case make me nervous because its happened in 2016 and been charged in october 2017...im worried its too soon...

Michelle (trusted member) Trusted

#33, Adelaide, and all who are wondering about this. I have not seen an increase in people being denied because of new drug laws. I really think that the news is making a bigger deal about this then it really it. The woman in this article should have been denied. First, she should have checked into all laws of another country before traveling there. This is common sense for anyone. Second, she lied to Customs. She also stated that she is taking CBD for medical issues, then apply for the proper medical licence, and traveling would not be an issue. Another thing, she has not been banned, she needs to apply for a regular waiver, which she will get. When people call me to ask about traveling to the USA now, I ask them to think about a few things.

1. Drinking is legal, however, you do not show up at US Customs with open beer cans or have beer packed in your purse, suitcase, ect. Why would you not use the same common sense with CBD.

2. Know and respect an other countries laws. Period.

3. If you are using CBD for any type of medical reasons, whether prescribed or not, get a medical license. This would save a lot of head ace in the future.

4. If you are just a "60's child" who loves to smoke marijuana everyday, well don't travel to the USA. Go to Jamaica..and have a great time..Just saying..

People don't realize that you can't get on a plane with over the counter drugs that are not in their original bottles. I travel with Ativan as I am terrified of planes, and I must have a doctor's prescription with it, otherwise I could be charged with possession of a controlled substance.

John, are you noticing an increase of people being denied?

Michelle (trusted member) Trusted

@31, I would need to know more details of the circumstances of why you were charged with harrassement and why you want to travel to the USA now. Yes, I agree with John that it has not been very long since your conviction, however, it is not that serious of an offense. If you would like to call me at 306.205.2532 or email me at info@fingerprintpardon.com, I will advise more after I know those details.

Nastybobby

Michelle, i just emailed you....and the reason for travel to usa is only for pleasure, travel with family, see nfl nhl game.

John Rogers (trusted member) Trusted

@Michelle

I haven't seen an increase in people being denied because of marijuana if that's the question.

I posted that story about CBD oil on Facebook and they removed it, as well as ANY stories about marijuana. Facebook does not like anything "promoting" marijuana, even though mine are all about people getting into trouble because of CBD or marijuana.

KSCOTT (trusted member) Trusted

The CBP issue is an old story in the sense that anyone entering the USA with a Marijuana product is asking for trouble. It is not anything new and has been in the Immigration code since 1952. I do not understand why people have trouble understanding that Marijuana is still illegal federally in the USA. State law is irrelevant since CBP enforces federal law. We have a page on our site that talks about this very issue. Btw...you will absolutely not qualify for a September letter for the most part if you have a Marijuana-related offence.

So logic and common sense should dictate that you do not approach the USA border if you have Marijuana or a Marijuana-related item(including a weed bong) in your bag or car. Especially since CBP has made it known that Marijuana is still illegal federally in the USA. There really has been no big increase in people being denied entry for Marijuana. The big fish already know about this and the system. It is the small fry that usually has the most trouble.

Btw what is Bombastic?

https://usentrywaiverservices.com/admitted-smoking-weed.html

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