US Waiver

Saeedposted 8 years ago

Hello,
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?.

Thanks

Replies (recent first):

@82 I've heard of some port paroles being approved based on the fact the waiver packet was submitted (whether or not they have a previous approval) based on the significance of the business at hand (ie, this was a guy with massive business interests in the US and they could prove the parole would be a financial stressor on both the individual, and a US based business if not granted). They gave him a parole to cover the time he needed to be down on the assumption he would get a waiver approval, and if not, allowed enough time for him to sort out the issues.

jazzsax1 replied 5 years ago   #73

Because of the client with cancer, we have talked to the Supervisor at the Port we use and he was very clear that "business trips" and such were a definite no. The Port we use is great because the Supervisor calls the client with a yes or no, so we get some actual feedback from every decision.

We still have clients who try and generally fail. That's why this Port Parole was a surprise. We were thrilled, and so was the client. That's also why I also urge caution, on two fronts.

I am not going to pretend we did some magical potion that only we know how to do, that would be dishonest. We wrote an effective letter, and provided proof to the very last detail or the trip.

I also don't want everyone to think this proves this administration now grants these to everyone. We need more evidence before we can assume this is anything but a fluke or maybe someone is a hockey fan. Anything is possible. Its possibly a glimmer of hope though.

Again, remember this client already had a waiver, it JUST expired in May, and had applied just over 90 days for his next waiver. Those could have factored into the decision.

John Rogers replied 5 years ago   #72

#80 Yes you are correct. It is at the discretion of the supervisor on duty. We have an actual copy of the CBP memo listing the criteria on when they are authorized to grant a parole. Paroles are getting trickier to come...It depends on a variety of factors.

K SCOTT replied 5 years ago   #71

Interesting. I had heard those were insanely hard to get. Makes me wonder if they are willing to look more at these on business cases since they would be for defined times (ie, specific length of trip) instead of wide open like a waiver?

Isn't the port parole at the discretion of the actual port of entry?

jazzsax1 replied 5 years ago   #70

We have done quite a few Port Paroles, and we had an interesting one that even we were surprised was granted today.

The client is going to a hockey "fantasy camp" where alumni and players play and socialize. The client had a waiver that expired in May and the Camp is in a weeks time. (August 2018) He had applied and the waiver was still pending just over 90 days.

He got approved! We were pleasantly surprised and the client was obviously thrilled. He had committed a lot of money to the fantasy camp experience.

Interesting fact, we only sent the Parole Request yesterday. Approved today. He was granted 6 days.

Generally we had gotten these before for funerals and people with relatives on their deathbed, and we had recently gotten a cancer patient who we were able to get 4 consecutive Paroles while he waited for his first ever waiver. The treatments worked and it looks like the Paroles saved his life. He now has a waiver.

I cannot say if this is an "exception" or a sign they are being more lenient. Need more data. This was done through Buffalo.

John Rogers replied 5 years ago   #69

ECD/Down Syndrome Boy..You talk a lot of smack online behind a square box. Why don't you come meet my Surrey, Abbotsford and East Van associates and have this conversation politely? I am sure that you will walk out in 1 piece. Btw have a nice big fuck you and a nice day. :)

K SCOTT replied 5 years ago   #68

K Scott. You are a scum. Look at your picture in Facebook. You look like you just came out of prison.
Charging $5000 a case for drugs? Only doing that because 90% of cases from surrey are drugs.

Also, since you're doing HUGE cases with people from UK. Why the fuck would someone from the other side of the world call a waiver company in Surrey, BC with zero credibility? Why? Makes zero sense.

ECDboy replied 5 years ago   #67

Sounds like alot of people submit wimpy packets then...

jazzsax replied 5 years ago   #66

i am posting this because they do mention waivers.

Waiver applications submitted with little to no supporting evidence; or

USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 113 KB) (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility.
This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests, except for Deferred Action for Childhood Arrivals (DACA) adjudications, received after that date. Due to preliminary injunctions issued by courts in California and New York, this new PM does not change the RFE and NOID policies and practices that apply to the adjudication of DACA requests.
“For too long, our immigration system has been bogged down with frivolous or meritless claims that slow down processing for everyone, including legitimate petitioners. Through this long overdue policy change, USCIS is restoring full discretion to our immigration officers to deny incomplete and ineligible applications and petitions submitted for immigration benefits,” said USCIS Director L. Francis Cissna. “Doing so will discourage frivolous filings and skeletal applications used to game the system, ensure our resources are not wasted, and ultimately improve our agency’s ability to efficiently and fairly adjudicate requests for immigration benefits in full accordance with our laws.”
The 2013 PM addressed policies for the issuance of RFEs and NOIDs when the evidence submitted at the time of filing did not establish eligibility. In practice, the 2013 PM limited denials without RFEs or NOIDs to statutory denials by providing that RFEs should be issued unless there was “no possibility” of approval. This “no possibility” policy limited the application of an adjudicator’s discretion.
The policy implemented in this guidance restores to the adjudicator full discretion to deny applications, petitions, and requests without first issuing an RFE or a NOID, when appropriate. This policy is intended to discourage frivolous or substantially incomplete filings used as “placeholder” filings and encourage applicants, petitioners, and requestors to be diligent in collecting and submitting required evidence.
USCIS will continue issuing statutory denials when appropriate without first issuing an RFE or NOID when the applicant, petitioner, or requestor has no legal basis for the benefit/request sought, or submits a request for a benefit or relief under a program that has been terminated.
If all required initial evidence is not submitted with the benefit request, USCIS, in its discretion, may deny the benefit request for failure to establish eligibility based on lack of required initial evidence. Examples of filings that may be denied without sending an RFE or NOID include, but are not limited to:
• Waiver applications submitted with little to no supporting evidence; or
• Cases where the regulations, the statute, or form instructions require the submission of an official document or other form of evidence establishing eligibility at the time of filing and there is no such submission. For example, an Affidavit of Support (Form I-864), if required, was not submitted with an Application to Register Permanent Residence or Adjust Status (Form I-485).
This PM updates Chapters 10.5(a) and 10.5(b) of the USCIS Adjudicator’s Field Manual and contains an “additional considerations” section. The policy in this “additional considerations” section is not new, and is nearly identical to the policy contained in the superseded 2013 PM.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook (/uscis).

John Rogers replied 5 years ago   #65

@70 Jazzsax, Additional to my comment #71...Court documents must be provided in Application package here in Saskatchewan, otherwise, the application will be refused by the US Custom Borders around here. I cannot speak for other provinces. I have also had requests for court transcripts when applications are under review.

Michelle replied 5 years ago   #64

As usual, Michelle hits the nail on the head. Its rare court TRANSCRIPTS are needed. Court Documents are great but they actually don't show much useful information. Even an attempt to get them is sufficient in most cases.

JOHN ROGERS replied 5 years ago   #63

Ok, so by the sounds of it, it sounds like the information, disposition and copies of any orders. That seems reasonable.

jazzsax replied 5 years ago   #62

@Jazzsax #70..certified court records, has a large range of information. In Regina, Saskatchewan, court document is usually a 2 to 3 page document showing original charge, court dates, fines or restitution paid, probation orders, outstanding warrants that may have been issued in relation to the criminal record and finally the disposition or sentence given. Some of the other courthouses do not include so much information. Sometimes, a court document cannot be located, so the court house here issues a letter stating this which is acceptable. For the most part these documents are all that is required. Now, when I am dealing with more serious cases, such as Sexual Assaults, Attempted Murder, Ect. I request Court Transcripts, these are the recordings of the court proceedings..these documents are very detailed about the crime, the victim and the subject. They are extremely sensitive and confidential. I request these for the more serious cases that I know are going to be a problem and they are expensive, usually about $1 per page and can run up to several hundred dollars...

Michelle replied 5 years ago   #61

Question on court records.

If we provide the "certified court records" as part of the application, what is included in those records? Is it just a copy of the information / disposition and any sentence orders? Or is it massive detail?

Curious what gets sent, and curious how that impacts the waiver applications

jazzsax replied 5 years ago   #60

Well Brotha John I gotta tell ya.... If a person has an offence that requires a non-immigrant waiver....and a USA citizen tries to sponsor them....then that person will need an I-601 waiver anyway since the waiver has been issued because CBP deemed that the person is inadmissible. Btw CBP is not always correct. So the passage of time would be irrelevant if a person has an offence that makes them inadmissible to the USA. It would not matter if they waited 3 or 300 years.

Plus he got the waiver back in 2006 and he got married in 2017 anyway. So it would not really matter in his case because he has a CBP history. The $8000 fee was for both the 601 and the Green Card application. This is the reason why we try to get the September Letters for people if they qualify...so they won't have to go through this nonsense in the future. It will save them a lot of money. I just wish that I could have gotten one for my buddy and saved him the money.

Again, this is the reason why I am so hard on some of these lawyers and Discount Waiver Companies because they are costing these people a lot of money and headache. If there is something that I cannot do, then I refer them out to a person that can help them.

K SCOTT replied 5 years ago   #59

Why didn't he simply wait for the green card application to get to the point where he would need to file an I-601 and never have to file a waiver?

Was the $8000 for a waiver or a green card application?

He's a real lawyer of a faux lawyer like yourself?

JOHN ROGERS replied 5 years ago   #58

#64 Yes Jazzsax you seem to know how this stuff works. The burden of proof is on the alien to prove that they are admissible to the USA. CBP can turn a person around for many things besides criminality. They can also deport a non-citizen for many things as well. Btw this can even include a person holding a Green Card. I am really passionate about resolving these border cases and also look to the person's future in this sense.

An example is that we had a guy that went to a Discount Waiver Company and they tried to charge him to do a waiver for his convictions. He had a few dui offences, firearm offences, and more. We told him that he did not even have to apply for a waiver. We then turned him over to one of our lawyer associates so that she could do his Green card application since he married a USA citizen. I explained to him that if he applied for a waiver and got approved, that it could impact him obtaining a Greencard through family sponsorship. Having a previously issued Non-immigrant waiver can have an impact when applying for a family sponsorship.

On June 6, we sent another waiver client to our associate since he might qualify for a USA passport based upon his father. If she says that he qualifies(which he does), then he does not need to do a waiver again. I asked him why did he not do this before and he said that the waiver company mistakenly told him that he needed a waiver. We only made $600 so far on this case but I am happy knowing that he won't have to do this process again. These are the people that are good for sending referrals.

I have a good buddy now that has to get a hardship waiver because he is being sponsored by his USA citizen wife. We did his waiver and he has a conviction for Possession of a Narcotic. The Chicago lawyer has charged him $8,000 to prepare the waiver but he will get approved for a Green Card.

K SCOTT replied 5 years ago   #57

Well, actually no John..it has nothing to do to "further" my agenda...whatever agenda that you may think that I have. I call it as I see it. The majority of mistakes that I see in packages come from companies charging $399 or so for waivers. I could use the term low-cost waiver companies but it would be the same thing. Rarely do I see mistakes from big law firms in Seattle that are charging $4500 for a waiver.

You may personally object to the term but I have no control over this. I never ever mentioned you or Michelle and I have said multiple times that none of the 3 of us fall into this category. If I thought that the term applied to you then I would not beat around the bush and would have just come out and said it. You know my personality and that I do not hold back on words or anything...Whether it is with clients or my personal life. This same tenacity we apply in preparing these border crossing cases.

Again, there is no intent to insult anyone and my credibility is not an issue since we are very well known in a positive way in the lower mainland of BC. So I will say again what I have said before...People are allowed to charge whatever they choose to charge. People will pay if they see the value in what we offer and if we can help them. We are going to be charging $2500-$4500 to get these PPT cases approved..whether it is a denial or a first time. No one is forced to pay these rates but people here in BC do.

So I will continue to use the DWC term since again it seems to be the companies in this range that tend to keep ripping these people off or doing shoddy work. One thing I can say though is that we got a waiver client that went to a Vancouver BC lawyer and he did shoddy work. I believe that he charged around $2500 and really messed up this case.

K SCOTT replied 5 years ago   #56

@K Scott. You need to stop using that term. I know it furthers your "agenda" but there are few Waiver companies, and there are no "discount waiver companies". There are pardon companies that do waivers, and some of these are very sloppy.

MIchelle and I both run pardon and waiver companies, we both are accredited for fingerprinting, and we charge a fee that in line with our competitors. Its fair compensation for what we do, in our view.

Your fees are well above the industry standard, and in fact you charge what lawyers charge, but are not a lawyer. Thats doesn't make you better or worse at what you do, its the price point you have chosen.

Your insulting both Michelle and I when you use that term, and I am asking that you stop it. It chips away at your credibility when you use "trump-like" sound bites.

If you must, use crappy pardon companies. Or unethical pardon companies. That's what you are really talking about.

JOHN ROGERS replied 5 years ago   #55

Thanks Ken. Yes, I'm aware we are at the mercy. Doing what I can in advance to build a strong case.

jazzsax replied 5 years ago   #54

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