Waiver regarding TN visa

@CaramelOnTop what was your crime? Curious how you got a 4 year conditional sentence (when you can only get them for 2 years less a day).

Do you mean that you applied at 4 years, but didn't have a COMT?

Well not every offence will require a us entry waiver. This is one of the things that we preach to clients. Simple Assault does not require a waiver so you should be ok

usentrywaiverservices.com

It sounds like you are not a Canadian Citizen?

#8 As you are probably already aware, they have different rules for TN Visas and in general for the Northern & Southern borders. Can you look in your passport and tell me if they wrote in anything else besides the stamp that you mentioned? Did they write in any codes or numbers in your passport in regards to this incident? You can also look at the very last page and in the binder stem part of your passport. I think I know what they did but I want to see if it is documented in your passport.

I am more concerned with the False Document charge which sounds like Misrepresentation in the code. If so, then I know how to fix this problem.

Also yes,are you a Canadian citizen?

:: @K SCOTT added on 04 Jul ’18 · 09:05

Also, what TN Visa category are you applying under?

Sorry, I cannot help, but am following so that I can learn about this...Thanks!

@Jesse Rivera

Sorry, I try and convince landed immigrants to get their citizenship to make the waiver much much easier as it is, so being a Mexican citizen I don't think anyone HERE (That I have seen) has the experience to help you.

My assumption is that you are a Landed Immigrant in Canada and that makes this much more difficult.

If you get your citizenship, this will make the entire process less complicated and easier.

#14 is not correct. Some of the procedures would be essentially the same for anyone that is not Canadian.

It sounds like they charged you under the 6c category for Misrepresentation based upon the false documents. 6c is a permanent ban even for Canadians. The charge can come from either the U.S. Embassy or the border. So if you were Canadian then you would first have to file for a waiver to cover the 6c violation. However, you will have to account for the purpose for entering in the waiver packet and other things. Specifically, we would have to add in a supplement in regards to you wanting to enter the USA on a TN visa and how you have been rehabilitated. We would have to be careful to not limit the scope of your purpose of entering to a TN visa only.

Once your waiver is approved, then you would apply for the TN Visa. They will not approve a TN Visa if you are inadmissible to the USA, so the inadmissibility should be cleared up first. You will also have to take into account the reasoning for their denial and the info in the DHS database.

If it is only 6c by itself then it should not be an I-212. I will assume that you did not overstay or were deported. Now I believe that you would have to do everything at the Embassy since Canadians are visa exempt.

This is the basic process of getting your case cleared. However, they have different rules for Mexicans and the embassy may have their own special rules. I suggest that you run everything by the embassy and get their opinion.

I agree with John that it would be easier if you were Canadian.

#15, I agree with both John and Ken..it would be easier if your were a Canadian Citizen. Another suggestion is to follow through with your case of receiving false documents from the business you hired. Providing documents showing the outcome of that might help you with the USA to prove that you were a victim..Good luck, and keep us posted.

#17 Michelle you are correct as usual but he may have a hard time because he is Mexican and it is a 6c Misrepresentation violation. The U.S. Government is extremely strict on visa applications.

When you sign your name to it you had better be sure/hope that everything was done correctly and the documents are valid. You are right...it would be better on him if he could show that he was a victim of Fraud himself. This would help with his visa application.

Plus, the border can see old visa applications because it happens to our Surrey clients. They filed for a B1/B2 visa years ago with fake names/fake passports and then try to cross later as a Canadian citizen. CBP will bring up the old application and question them on it. They are then turned around and told to apply for a waiver.

We have a client that tried to enter the USA under a fake Italian passport in the 1990's He actually almost made it through...Unfortunately for him, the border officer was Italian and spoke to him in Italian. What also hurt him was that he was Punjabi and spoke absolutely no Italian. He had no idea what she was saying and admitted that he bought the passport in Germany. He does speak fluent German though from having lived in Germany. He tried to apply for a visa at the Vancouver Consulate but they told him that they needed a waiver for the Italian passport. We did his waiver case and he got the visa.

I think that he should contact the Embassy and go over it with them again. They may have some local policies that were are not aware of that could help or hurt him.

#18 Ken, thanks for the info, this is definitely not my field of expertise, and I would not take this person as a client, just because I could not help them, and currently my guidelines, must be a Canadian Citizen..first before I will even review file. This would be someone I would refer to you and John...

I would probably refer him back to the Embassy since it is different for Mexicans. I don't like taking cases that are outside my field of expertise. I know some things about the Southern border but not enough to comfortably take on such a case. I know how to prepare a waiver case through the US Consulate in Vancouver and the US Embassy in London...but not in Mexico.