I-192 Requirements

Timposted 8 years ago

Thought I'd post this in case anyone found it useful. This was on the wicket window at YYC (Calgary International Airport).

https://goo.gl/photos/NpJaoSmxiGtoKdnZ6

Cheers,

Tim

Replies (recent first):

@Michelle I assume its the same as the one for waivers. I got a waiver client because someone got dinged with this and their pardon was revealed.

John Rogers replied 4 years ago   #95

@ John Rogers, Thanks! I have only done Privacy Act requests in the past for Pardoned information (usually for waivers, or Vulnerable Sector)..This is the first time I had this request. Have you seen the results for this? I would be curious to see if it shows all history..including withdrawn, dismissed, Stay of Proceedings? as it asks for "RCMP National Repository Entire Holdings". If there is anyone on here who has requested on of these checks? I would love to hear what information was shown on the report. ***Note: This request is only for People moving to the USA***

Michelle replied 4 years ago   #94

#91 is definitely me and #92 is me to. This forum needs a moderator here. Someone with a basic understanding of the english language. I just want to share my point of view without some looney trying to create aliases which I'm now thinking is HatsBootsHats. That guy is definitely not me wether you believe me or not. I'm really not that dumb and stupid.

George S. replied 4 years ago   #93

#91 is not me.

I think someone named Adelaide has gone overboard.

Anyways, I just came to share my point of view. Some people here definitely belong in the looney bin.

The forum needs a moderator.

George S. replied 4 years ago   #92

@John Rogers

I see that you're trying not to answer me. Wether or not the Privacy Act is changed or not. What you're saying is incorrect. You still don't have basic understanding of the english language. Off course you're a liberal. Why am I incorrect?

George S. replied 4 years ago   #91

@John Rogers

I am talking about the Privacy Act off course. I don't know of any other legislation that you may be thinking of.

Wether the fee increases or not, John has a valid point. Many Canadians would still need to travel to the US for work or family. The current administration is looking to balance the budget. This is right wing thinking as stated before by you John: "criminals and immigrants are ruining the country." Don't believe that the Democrats will change anything. It's the same rhetoric!! Under Obama, more people got deported or denied entry to the US.

In 2016, a judge rendered a decision not to increase the waiver fees for Canadians. Guess what!!! The Democrats were in power. So, there's still hope that another court might block the proposed increase again. Back then, some posters over here even suggested that the waiver fee increase also granted 5 year first time waivers.

Then Trump got elected.......the rest is "Fake news"!!

George S. replied 4 years ago   #90

UPDATE TO FEE INCREASE ALERT

The document I referenced is "unpublished" so COULD be amended and will be published on November 14th.

I read it again and the reasons the fees are going to be increased are very specific.

The President’s FY 2019 and FY 2020 budget requests include a $207.6 million transfer of IEFA funds to ICE. DHS proposes to use USCIS fees to recover the full amount of this proposed transfer.31

Therefore, DHS proposes to recover 28 the costs through the USCIS fee schedule.

You can blame Trumps obsession with ICE.

The last updated fee took place on December 23 2016. Canadian Citizens were exempted from the fee increase but we did not know that until it was released on December 23 2016. So I will say to everyone a word of caution;

I think the fee is increasing in late December/early January to 1415.00 USD based on this document which will be "published" on November 14 2019. I do not THINK Canadian Citizens will be exempted this time. This is based on the best available evidence I have and I will update it as I find out more.

John Rogers replied 4 years ago   #89

@George S.

I am happy to back up ANY claims I make with proof. Notice my announcement that the Waiver fee would increase came with a link to where I got the information so people could check for themselves.

There is another piece of legislation that allows anyone of higher authority, even journalists, to gain access to classified information including but not limited to criminal convictions that have been pardoned of individuals. Discharges, dropped charges, acquittals and peace bonds, although canadian law treats these differently, also are registered in the system and can be accessed through the Privacy Act.

Many journalists have a mandate to uncover as much as they can in order to protect the public however, someone's reputation can seriously be damaged on false accusations. What I am trying to say is that some people with evil intent can harm a person who happened to have a simple brush with the law. Is it really necessary to keep information for simple charges like theft or vandalism under 100$?

You have misunderstood and misrepresented the "Privacy Act" here. "There is another piece of legislation that allows anyone of higher authority, even journalists, to gain access to classified information" are you saying this about the "privacy act" or alluding to some other legislation?

Again I asked for clarification, either what you are saying is incorrect, or perhaps you need to clarify your statement.

John Rogers replied 4 years ago   #88

@John Rogers

The real question to ask here is why I'm incorrect according to you.

A pardon doesn't erase a criminal conviction. It simply sets it aside. Will it be viewable in CPIC after a record suspension? No! Can the information be obtained through a Privacy Act request? Yes!

I don't think you have basic understanding of the english language.

George S. replied 4 years ago   #87

@George S.

Your incorrect about CPIC. Can you give us some insight as to where you are getting your information?

@Michelle the US has been requesting this information under the privacy act since last October. We do a lot of these requests here in multi-cultural Brampton. We have had waiver clients CREATED because people who had a pardoned record we applying for a green card and got caught this way.

As for the fee increase, 3 points.

-this fee was $70, then $90, then $265 then $545 then $585. Every time there is a fee increase, there is speculation about a reduction in Waivers. There may be some resistance initially, but experience has taught me that people who need/want to go the US will pay it.

-Waiver periods will NOT increase. They want to give every new administration a shot at adjudicating under THEIR rules

-People talk about these increases as if Homeland Security is "selling a product". They are increasing fees 21% across the board AT LEAST for all application under the guise of "cost recovery". The application will continue to roll in no matter what, for tons of applications. If every single waiver client stopped using waivers, Homeland Security would see it as "Canadians with criminal records are no longer flocking to the United States". Your kidding yourself if you think a single American cares how much an inadmissible Canadian has to pay to get a waiver.

From a business standpoint, there are very casual users of waivers who won't continue. There are others who will want to save money by doing it themselves. But these will be offset by the ones who don't want to risk $1415 and want it done properly.

Personally, I hate to see fee increases when they are arbitrary and egregious like this. Again, it disproportionately affects those who can least afford to pay. Typical right wing thinking.

John Rogers replied 4 years ago   #86

@84..thanks..I know this..and if you read many of my previous posts..I advise that a Pardon does not earse a criminal record..it actually does continue to exsist in CPIC..but in a more contolled area..with limited access..my background is extensive work with CPIC and was involved in many CPIC audits..I do appreciate your other information. .

Michelle replied 4 years ago   #85

@Michelle

I'm sure you have helped plenty of people but I realized you don't necessarily have general knowledge about the system as a whole. Getting a pardon doesn't erase a conviction. It simply sets it aside so it's not viewable to the public. It will no longer be found on CPIC but can be traced and uncovered using other methods.

There is another piece of legislation that allows anyone of higher authority, even journalists, to gain access to classified information including but not limited to criminal convictions that have been pardoned of individuals. Discharges, dropped charges, acquittals and peace bonds, although canadian law treats these differently, also are registered in the system and can be accessed through the Privacy Act.

Many journalists have a mandate to uncover as much as they can in order to protect the public however, someone's reputation can seriously be damaged on false accusations. What I am trying to say is that some people with evil intent can harm a person who happened to have a simple brush with the law. Is it really necessary to keep information for simple charges like theft or vandalism under 100$?

The US knows how canadian law works although CBP agents don't necessarily have to. The current administration is using politics of fear to steer Americans away from real issues within the country. It is also important to note that american officials routinely scroll through millions of website and can technically uncover so much about each one of us.

The current administration doesn't like criminals as they love to call them. It won't be long before a traffic violation will make every single Canadian inadmissible to the US.

At this rate, it's only fair for every Canadian to pay a flat fee for a visa to enter the US. No Canadian will pay exhorbatant rates as high as 1400$ US for a one year waiver. Ending free travel and imposing a rate of 25$/person for a VISA sounds reasonable. As for someone who committed a minor offence from 10 years ago, why keep punishing them?

It's the beginning of the end for free travel. We should all try to take advantage of it before each country begins following the US. Some already have including our very own, Canada.

George S. replied 4 years ago   #84

@77..I am going to update my previous response to your privacy request question..as I dicovered a new process on Friday..there is a new agreement between the RCMP and USA Immigration for people moving to the USA from Canada. .this agreement includes a Fingerprint request under the Privacy Act that states all information held in the national repository be provided...this would show all criminal information. .at this time this is not a requirement for I 192 travel waivers unless a Pardon has been granted..

Michelle replied 4 years ago   #83

The USA would lose a tremendous amount of revenue from waivers if they increase to that amount..even with granting 5 years..people here in Saskatchewan simply wont pay it..

Michelle replied 4 years ago   #82

#80

So John Rogers since there may be a possibility of such a gargantuan fee increase do you suppose that when they grant waivers they may do so for a longer period?

It seems extraordinary that they'd give 1 year waivers for that kind of price. You'd think the least they would do would be 2 years on the lower end at least. Who wants to pay that kind of money for a 6 month or 1 year waiver?

That would just be out of the world fked up! And really what percentage of the population who require waivers here in Canada have the means to pay nearly $1900CDN (today's rate) for one?

That would seriously cut out a whole lot of working class people here in Canada.

Magnus replied 4 years ago   #81

*******************ALERT*********************

Homeland Security is proposing to increase the waiver fee.

$1415.00 USD

Link is here.

page 157 HAS THE WAIVER FEE INCREASE. Yes I read the ENTIRE REPORT. 314 PAGES

Also, this tidbit

Currently, USCIS pays approximately $11.50 to the FBI for fingerprinting results.

When will this occur? It looks like 2020. I will try and get a specific date.

Do you have time to get a waiver filed BEFORE then? YES.

I will try and post any further updates as I have them.

link

https://s3.amazonaws.com/public-inspection.federalregister.gov/2019-24366.pdf

John Rogers
Pardon and Waiver Experts
416-843-1371

John Rogers replied 4 years ago   #80

@BcBorder10

Definitely call Michelle.

A conditional discharge AFTER July 24 1992 is removed as soon as three years have passed and you you get fingerprinted. That's why the adult one is gone.

The minor one I assume is before July 24 1992. So it is subject to another set of rules.

Do you have photocopies of the old conditional discharge? If so, i would submit:

-The old copy of the discharge.
-The certified prints.
-an explanation (found on the internet) of what a discharge is and why it does not appear on CPIC.

I never give original court documents. I keep the originals and always give photocopies. Its a complete waste of time. I see people at the airport that every single year or 5 years get the same court documents that say "we cannot find any records". Total waste of time.

You really think Homeland Security cares if court documents are originals? They just want simple questions answered so they can say yes or no. Show them the record, and if its a simple old conviction, no need for court documents. If you have an old court document, photocopy it.

John Rogers replied 4 years ago   #79

@77 bcborder10.....you cannot receive a pardon for absolute or conditional discharges from the Parole Board of Canada. There are normally only two reasons to request a privacy act. 1. for a Travel Waiver and 2 for a Vulnerable Sector search. No it is not normal for a Privacy act to show any convictions that did not receive a Pardon, especially an Absolute discharge for a minor. I would be interested to talk to you - to ask more questions about your minor conviction... Call 306.205.2532....not sure yet what advise I would give you...need to think about more...Also interested to see what John says..

Michelle replied 4 years ago   #78

Thanks for the prompt replies and your advice.

I am totally at wits end, and don't know how to proceed. Here is my predicament.

I have two absolute discharges. One as a minor and one when I was 20. These both occurred over 25 years ago.

The previous 3 times I applied for and received a I-194, I sent a copy of a court record from the adult charge and a clean criminal record.
I never mentioned the charge from when I was a minor, and it has never came up or been an issue.
(I never submitted copies of pardons with my previous successful applications. Not sure if that even exists after getting an absolute discharge??)

So now.........getting ready to apply again......
Last week I received from the RCMP my new clean criminal record check, BUT for the first time ever I asked for the privacy act request as well.
My Criminal record check is still clean, but the privacy act form came back listing my absolute discharge from when I was a minor.
It did not mention the absolute discharge I got as an adult, but It showed the one I got as a minor. (Is that normal?)

So now I don't know what to do?
I would like to just submit as I always have done, and not submit the privacy act report that lists my suspended record absolute discharge I got as a minor.
I would provide my clean criminal record check and a copy of the court file from my absolute discharge I got as an adult.

OR, do I now need to submit this Privacy act/suspended record form, that will for the first time show the CBP that I had this other absolute discharge as a minor?
Of which I have no court document for, and also bring up this second absolute discharge that I had never mentioned previously....

And what happened to my absolute discharge that I got as an adult. Why is that not showing up on the privacy act request?

Please reply with your thoughts, I need help.
If you think it is easier to talk on the phone, please give me your number to call.

thanks,

bcborder10 replied 4 years ago   #77

@Bcborder10

I don't require 2 sets of fingerprints. Just the certified "no record existing" one and a photocopy of your complete pardon (which shows the record)

Remember, my clients are not handing them in in Alberta, we are handing them in in Ontario. They all get adjudicated in Herndon Va. anyways. Does the Alberta port of entry have different requirements? Michelle would know that better than I.

John Rogers replied 4 years ago   #76

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