Trtttt - facts you need to know.

1. You do not need a waiver.
2. If you listen to me, and stop believing what you read on the internet, you never will

An absolute discharge means you plead guilty to something and there is no "penalty". One year after you were given it, you MUST go an get fingerprinted for the purpose of a Pardon. This will show the RCMP that the record is there, and then they will remove it. If you NEVER get the fingerprints done, the Discharge will never be removed.

Just like your assumption that Homeland Security "scrolls CPIC for new entries" is wrong, your assumption that the RCMP will remove the discharge without you getting fingerprinted is also wrong. CPIC is not a database you "scroll" or "copy".

So after the 1 year is over, and the fingerprints come back "no record existing" go to the Police that arrested you and ask them to also remove the record. Then you are clean.

You can travel, get jobs, do whatever you want and no one will ever know you ever were arrested.

I have been doing this since 1996 and EVERYTHING I have told you is guaranteed to be accurate and true.

@John Rogers

An absolute discharge is what I have. They told me that it goes away automatically after a year. I believe it won't show up on a criminal record certificate after the year is up but the dropped charges and the arrest record remain. I would need a file destruction and it is up to the local police force to proceed with it or not. My dropped charges would be considered violent so the local police force won't necessarily destroy the record. I can't apply for a pardon as you mentioned. Also, sometimes they record the discharge as a conviction and then you are stuck in a lengthy bureaucratic process to clear it.

I also read elsewhere that dropped/withdrawn charges or acquitals won't bar anyone from entering but it seems US custom officials refuse anyone with an arrest record. Drunk driving is the exception but some still get refused. Also absolute discharges are not viewed as convictions but conditional discharges are.

I believe I need to wait 5 years after the completion of the sentence before applying for a waiver. Although, I did read as per the US immigration Act that at least 15 years must pass.

Also a canadian mischief charge is not considered a crime of moral turpitude if it involved damaging private property while wilfully destroying property is. There is also the petty exception rule where if the crime was committed in the US and the maximum sentence to be imposed is inprisonnement of less than 6 months, you shouldn't have an issue. Each state has it's own laws and the Federal government it's own.

All these laws are confusing even to me, imagine those custom officials. You would need to go through law school. Let's face it, some are not the most brightest individuals working there so they rather refuse anyone entry with a stain on their name. After all, they can tell their employer they are working hard and protecting America.

Even if we hide the record, I am pretty sure the US scrolls the RCMP database for any new entries every day. It would be foolish not to. Also, local police forces between both countries are sharing local infomation on certain individuals. The police love to place all incident reports on the RCMP database for practically anything including car accidents or traffic tickets. After all, waivers are a very lucrative business for both Canada and the US.

I will wait the 5 years I presume (to clear what I can) and try my luck. If I am unlucky, I will just apply for a waiver hoping for the infamous September letter. My reputation is pretty much down the drain. The Liberals promised criminal reform but I believe they will use it as an electoral promise for the next elections. The Conservatives have high chances of winning next time around, so forget about any reforms. With all this info sharing happening between countries, one could only think that the North American Union is not so far behind so in a few years, we can all go the US.

trtt, if your "record" is recent, you do NOT want to do a waiver.

If you have never been denied entry, you do not want to do a waiver.

It sounds like you have a conditional or absolute discharge. If thats the case, you don't even need a pardon.

Remember everyone, the BIGGEST factor in getting waiver is "how old is it??"

And NEVER do a waiver unless you have no choice. Eligibility for a pardon is now BACK to 3 and 5 years. Hide the record if you have the opportunity.

@fff Well I believe since the Trump administration took over, these so called conditions are to be expected on waivers. This administration has been in place for a year, so the changes are just starting to come about. Following, the 2 incidents in New York the last 2 months, they will tighten measures even more and waivers will probably be eliminated by Congress altogether. They have already enacted a ban for certain foreigners from entering and are trying to destroy immigration sponsoring programs which allow non Americans from immigrating through American family members. They are establishing a so called Apartheid of their own.

I was charged last year for the first time in my life following a neighbor dispute. She wanted to get some money out of me because she already had a record and couldn't find work that easily, so several false reports later led to false charges being laid on me. I also stepped on her flowers accidently and confessed to the "wonderful police" force. Obviously, a chainsaw of accusations followed were most of them got dropped (unfounded) but I got a discharge for the vandalism I caused her and had to pay 50$ in so called damages (I plead guilty to the ridiculous charge). You have people being acquitted of more serious crimes but I guess I am now a "criminal also" for stepping on flowers. She was expecting thousands of dollars from me but received a big nothing. She couldn't sue for more, unable to pay a lawyer of her own.

She then decided to move away from me her head in shame. This is the wonderful justice system we got. I should sue her for attempting to ruin me.

Well, my days of going to the US are pretty much done with Trump on board but I have already visited most of the US of A. There's not much to see. Another Canada with more crazy people and better weather. I will probably have to file for a waiver to visit some family members down there and be treated as a "bad person" by US officials for stepping on flowers. Makes you wonder why most Americans claim, their country has lost its ways. They got 1/3 Americans having a record, forcing them into poverty and leaving them re-offend. No rehabilitation offered except to people with some financial flexibility. Talk about double standards. I guess my waiver will come with conditions too because I am now a person known to police. At my age, I couldn't give a flying whatever.

@fff can you please share examples of some of the the conditions please

i waited 2 years and got a positive response, sort of.

so it can definitely take longer than a year. they run your name thru the FBI and IRS and other additional assessments if your case is borderline or more difficult........ if you get an email response back from a real person... it is a good sign you will get a waiver in the snail mail..... but there are conditions being put on many waivers received right now....so even if you get a 'yes'.. you are allowed in ... the conditions may make you decide not to use the waiver received.

I also found this on the government website for cbp “Please allow at least 130 days from the date of submission of your I-192 before making an inquiry about the status of your application. As stated earlier, a full review of your circumstances can take up to a year, and requests for status updates may add to that timeline. ”

So 2 questions , even the cbp website says “up to a year” so why is my application taking longer, one year for me was in July that just passed.

It also states that requests for status updates may add to my timeline, ive been asking once a month so is this why its taking long for me?

Has anyone heard anythimg yet:( ?

I have seen as long as 2 years and a bit but no experience longer than that.

Wow 2 years is so long :(
What is the maximum wait time ?
I hope you get your waiver soon

I have been waiting 2 years next month...... just sent another email yesterday.... got the same standard response I got more than a year ago from ARO....... have something from when I was 15 years old but was convicted at 18... anyways... I am now 52....wish they could expedite some of these applications down ... was hoping to visit at Christmas time

Its not common to have such a long wait, but even on here, you can see you are not alone. Remember, paperwork isn't always about "how serious your offence is". If you are in a pile of files, and the officer needs to give you "further review" you might be sitting simply on someones desk. There isn't some group of people in a huge conference room having a meeting about your file. You simply may not fit into a normal "box" and they are delaying the response. Or they may be waiting for more information from the State department or FBI. It will come.

Hi chyna why did they stop you ? Did you apply your i92 with a lawyer ? Yes I hope we get a answer soon :( the worst part is that in Iranian and this probably will affect my waiver .

@SarahToronto

I have been waiting for one year and 4 months , just like you absolutely no criminal record. i know how ur feeling , i hope we hear something if not by the end of this year but by 2018 for sure

Ok I see thank you roger .

Still waiting............Ken?

It doesn't delay the process. Ken apparently knows very little about what actually happens at Homeland Security.

Would a client calling my office once a month to check on his file delay processing of an application? No. I look the info up in the computer, then give what I see. Homeland Security is not pulling your file out of circulation. They look up the status on the computer, and email you back. Thats ALL.

Ken please explain WHY you think calling once a month AFTER 150 days would delay the process. And no bullshit. Give a real reason.

Hi Scott ,

Why will this delay the process ?
So what should I do instead ?

Do not keep emailing them once a month. This will indeed delay the processing of the waiver. We have seen this before.

Hi everyone so now it’s been 1 year and 1 month that I’m waiting . Does anyone have a new news or good news ? This has really affected my entire life . It’s difficult explaining to people why I can’t get in the states . I still send e mails every month and I always receive the same standard response . All I want for my b day and Christmas to get the approval letter .