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US Waiver

append delete Saeed

Can someone help me to get idea about US waiver process, I have a criminal record of "fraud over 5k". Is it a serious charge in US custom and border agency, can my waiver application be rejected. I have no other criminal record and I have been to US numerous times in the past, I applied for waiver in the end of November 2014. it's mid April and there no answer from them, does anyone has similar situation?.


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append delete #226. John Rogers

@Tanya, yes even if you don't like in Ontario or BC, by that time the rules will have all changed. 5 years.

@TiredGuy I would go to your nearest border and see what can be done. Sounds like you did everything right and they forgot to add it. Unless....does anyone know if they ONLY add it if you have the Visa already? Maybe thats a change recently?

append delete #227. TiredGuy

@John Rogers:

That sounds great. I have a lawyer that I work with who does everything for me, so I feel like they might have forgotten to add it, I don't really know and neither does my lawyer.

I did some research and came across this for what the B1 allows:


It seems to imply I can do H1B, J1 and other things? What do you think?

append delete #228. Michelle

@227, TiredGuy, I think you received a standard waiver only. You will need to apply for the appropriate Visa now.

A standard waiver allows you to work in these type of settings:

Canadian Employed Truck Driver hauling freight for into the USA and back to Canada.
Canadian Employed Railway Employee driving trains through the USA / Canadian borders.
Private Business owner - attending conferences, meeting USA clients, buying USA products, ect.

You cannot use this waiver to move down to the USA and attend school or applying for jobs.

I agree with John, go to the nearest border and double check, I would also call the USA Consulate and review with them.

append delete #229. TiredGuy


That makes sense. I was going to do an internship with a company in the USA in October and they gave me a J1 visa already, so is it that I have this waiver + the J1 visa and I am ok? Sorry for so many questions, I am panicking a bit

append delete #230. Testing123



What you got from the company was not the visa (only the DoS can issue visas).

If it's for J1 status, it's likely the DS-2019 form. Canadians do not require visas to apply for J1 status (or most [though not all] other non-immigrant status really).


Your waiver would complicate things, because it is specifically noted for B1/B2.

I'm not sure whether you can try entering the country as a J1 holder using the waiver that is marked specifically for B1/B2. Experts can chime in.

append delete #231. TiredGuy

@ Testing123

That is right, I got the DS-2019 form already from the company. I actually included it in my waiver application as well, but still ended up with the B1/B2.

I may just drive down to the border and ask

append delete #232. K SCOTT

#225 It will depend on a few things. It will depend if they have in their systems that you mentioned you have an interest in getting a J-1 visa as part of your purpose for entering USA. Honestly, the best way for you to find out is to go to your local border with your newly approved waiver and explain it to them. They can look into TECS and tell you if you will qualify based on what is in the system.

Worse case is that you may have to apply for a new waiver and specify as such. You said that you already did so theoretically you should be ok. The safest thing for you to do is actually go speak to them and see what they say.

We have a case like this now where a guy in Surrey wants an E-2 Visa but his waiver is only for business and pleasure. The business would be under the B-1 category as opposed to E-2. So we have to reapply for him and add to the list for reason of entering the E-2 visa category that he has an interest in.

We also had a guy that wanted a TN and had a job offer in Hawaii. He came to us because CBP told him that his waiver did not qualify for the TN category. So now he has his new waiver and TN Visa.

If they say that you don't qualify, then they should tell you to reapply.

append delete #233. Michelle

#232, K Scott, interesting, thanks for the info, good to know..

append delete #234. Samuel

Just curious here: when they adjudicate a waiver do they base it primarily off of your sworn statement?

What's the difference between a sworn statement and other things they recorded that you said in their paperwork but were NOT part of the sworn statement?

Trust that I understand that the sworn statement is done under OATH but in adjudication do they hold other things you said against you that could possibly trigger "misrepresentation" even if they were not said under oath or is "misrepresentation" only things you said under oath?

append delete #235. John Rogers

@Samuel are you talking about the "Personal Letter" when you say "sworn statement"? Or do you mean when you are caught and denied entry?

When I go to the airport, I meet a lot of people who have done their own waivers, or done them through other companies. A lot of the people call me if they are rejected to do the appeal. The rejection letter is now very detailed and covers everything the person handed in, and even have comments about the letters of reference.

Reading between the lines, its clear that the personal letter is a huge factor. For example, for certain offences, remorse is not enough any longer.

For sexually based offences, and acknowledgement of the victims perspective needs to be present. For Trafficking of Narcotics, an awareness of the "devastating effects of drugs on society".

This is a "recent" trend I have noticed.

append delete #236. Samuel

John Rogers

I mean when you are caught and denied entry.

I was just wondering how the sworn statement is different (yes I understand it’s taken under oath) than anything else they recorded as it pertains to any possibile “misrepresentation” charges they may potentially add after the fact when they adjudicate your waiver.

For instance if you said some things that they recorded in the paperwork (that could be deemed, in their eyes, as somewhat “untrue”) but were not necessarily asked and recorded when they took your sworn statement.

append delete #237. John Rogers

@samuel I guess the answer is that either you:

1.) admit the sworn statement was a lie
2.) stick by the story you said.

They will point out if you say one thing in the statement and then in your personal letter refute it.

append delete #238. Samuel

John Rogers,

I ask only because in my sworn statement they asked where my parents were born, what citizenship they held and if they held any other citizenship.

After the fact I found out that my parents actually hold citizenship in another country as well and I said no they were only Canadian citizens.(I was completely unaware they had another citizenship).

Hence are they going to nail me on “misrepresentation”?

append delete #239. John Rogers

@Samuel I wouldn't think they would but truthfully anything is possible. Maybe it also depends on the country and also if its typical for other people to lie about that same information.

append delete #240. Samuel

@John Rogers

Yeah I guess with the American immigration system anything is possible given how messed up their system is.

I didn't lie simply because I didn't know.

After I was banned and quite literally over a year after I was banned I was talking with my dad and found out my parents were also British. I had NO IDEA and actually was very pissed about it as I was finding out this information for the very first time and over 4 decades into my own life. I could've had British citizenship myself all of that time, been part of the EU, moved there, worked there and more importantly to me I could have gone to university in the UK without having to pay international student fees, etc.

Yes I was very, very pissed about all that... and am now in the process of taking out British citizenship for myself.

So I never WILFULLY deceived in my sworn statement I quite simply didn't KNOW.

I'm hoping they don't view this as "misrepresentation".

append delete #241. K SCOTT

#234 IYour Sworn Statement is something that can be used against you. They can charge 6c Misrepresentation in your case based upon your sworn statement. An example is tha they deny you entry because they think you are an intending immigrant and there is something in your sworn statement that could trigger Misrepresentation. It will really depend on the sworn statement. We specialise in many things and one of them are cases where waivers are denied. You can see on our webpage.

Sorry have been out of the loop for a bit but I will explain why in another post. I am unsure what I missed but my friends know why I have not been around.


append delete #242. Samuel


Pertaining to my response in #240 would you surmise they would use my sworn statement against me because I was unaware that my parents actually held another citizenship and I only said they were Canadian?

append delete #243. K SCOTT

Sorry for being out of the loop everyone. I ran into a situation here with the new cases. However, it will tie into our Canadian locations in a positive way. When we started these B1/B2 visa waiver cases here, we assumed that we would get maybe 2 a months.

As it turned out....I did not realise how popular it is for people here to want to travel and invest into the USA. We have been getting 5-6 a week and actually have trouble keeping up with the flow now. It has taken time away from the forum based on this and running the Canadian locations.

Now, having said that....We now have a policy where we will give a 100% refund on every September Letter case that ends up with either the person getting a complete denial or if they only get approved for a waiver. This will be effective immediately!

Starting Jan 2019, we will also extend the policy that every single new waiver case will get a 100% refund if they get denied. We technically could do it now but my advisors are telling me to hold off until January and make it a New Years kind of promotion.

We would not be able to offer this policy had I not accepted Mr. Archer's offer of working together on E-2 Investor Visas.

Anyway, this is in case anyone wondered what had happened to us.

1 888 908-3841
604 332-9213


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