@Michelle it looks to me like they have simply copied the I-212 format. (more work for us)

The reason I don't think it will replace the G-325a (I am speculating here) is that the G325A is done with 4 copies and also filed in 2 additional places, where the I-192 is only filed and kept where its filed and sent to Herndon.

So, although many of the questions are now redundant, (parents info, marital status) I think they already have a method in place for filing the G325-a which is filed with almost every application.

My suggestion would be to still do the same 2 - I-192's and 4 G325-a's until we get a resounding consensus that is absolutely not needed.

Important to not that the old one sill only be taken until June 28 2019, so for me, I have to make sure everyone who has packages gets them handed in soon or I will have to replace them. Obviously as of today, I will only be using the new form.

As for the fee, these WERE increased, (and can only be increased further by the Senate I believe) but Canadians got that exemption. So we have to keep alert for any news of that 'exemption' being lifted, but I do not think that will be for a while. $585 it is.

New I-192 Forms....thankfully the fees did not increase...John, I think it replaces G-325 too, what do you think?

https://www.uscis.gov/i-192?utm_source=rss-feed&utm_campaign=Forms%20Updates

@Irvin88 thats a tough one.

1.) you can do your fingerprints (discharge removed) and hope that Homeland Security does not see the Peacebond

2.) Travel and hope for the best (they don't catch everyone every time obviously)

3.) Do a waiver. The circumstances really matter in this case and if you go this route I am willing to help you out. But if not me, get some help, this is not an easy personal letter and it has to be done by someone objective, who can put themselves in the Homeland Security officers mindset when it is written.

These are the only options I see for you. I don't think this will be a "fast" waiver due to the nature of the offence. An answer could take up to a year despite the lenient sentence.

Have anyone of you had to to a waiver for an absolute discharge? During the period of the discharge and even afterwords, because an fps was still there as the file was not destroyed, the rcmps web site states they won’t remove the peacebond for 5 years for a sexual offence such as voyeurism so file destruction doesn’t seem possible, I do need to enter the states for training, wish is was more clear, some places say they don’t see absolute discharges as convictions like they do for conditional discharges even for crimes of moral turpitude,

@Ferry you can try. I am not sure if they will respond on that email.

Hi @john just a quick question it’s been 4 weeks since I applied for i84 should I email them? I don’t want to lose the mail again..thanks

@1680, Irvin, I would love to see your court documents, as this does not make sense to me..but as I stated stranger things have happened.. When I was at Edmonton Police, we too had guidelines before we would even approve our portion of a file destruction..and I did one for a fellow who had a peace bond out of Surrey BC and it was refused due to not enough time..they made him wait 3 years...so you never know...

@Irvin88

Yes, once the the year has passed and you are fingerprinted, that will give your situation a lot of clarity.

Thanks you John and Michelle,

This is true that I have an absolute discharge with a peace bond attached that overlap each other and will end together, I hope because of that the peacebond will be removed when I get fingerprinted after the year on removal of the absolute discharge from the RCMP, unsure had I just received a peacebond if it would of been removed after the year, I did read on the rcmp website for peacebond I must apply to have it removed, voyeurism is a sex offence which they state can remain for 5 years for non conviction non guilty plea charges, guess I will find out after the year, get fingerprinted, see if it comes up if it does, ask to have it destroyed if not, apply for a waiver for of all things a peacebond

@Michelle

There are 4 levels on CPIC from my experience.

Level 1 shows the presence of a criminal record if a pardon is not received. It's a basic check.
Level 2 shows discharges or peace bonds in effect and outstanding charges
Level 3 shows discharges, peace bonds and withdrawn charges that have not been removed.
Level 4 is the vulnerable sector check which reveals pardoned convictions and non convictions. Mostly used to screen out individuals with sexual offenses. Reveals other information on an individual which is often not relevant.

There is other info on the database such as missing people, stolen vehicles, individuals with mental illness who required police intervention, high risk individuals (carding individuals often designating them as high risk for example) and any other negative police interactions.

We don't know what CBP has really access to. For matters of national security, the Canadian government will never say.

The best approach would be for someone who has an absolute or conditional discharge to wait a year or 3 years respectively after the sentencing date to purge the discharge. Then, ask for fingerprints to be done similar to getting a pardon to remove it from the database. The RCMP be prompted to remove it according to the Criminal Records Act. Someone can also ask the local arresting police force to do a file destruction. File destructions are at the police's discretion. Some of them get denied. Police love to store as much information as they can on someone and will tell them not to worry. They also take a long time to process file destructions.

Peace bonds, withdrawn, suspended or stayed charges and acquittals are not like discharges. They stay on the database because the law doesn't say they must be removed like discharges. A file destruction is needed here. Again, the local police can deny requests and set their own rules. Local police in southern Ontario are really hard to deal with especially Toronto, Peel and Mississauga. Toronto Police have listed primary and secondary charges on their website, anything designated as a primary offence will not get approved for a file destruction except under special circumstances.

Ironically getting a pardon destroys most of the information on the database but people who are not convicted of anything have no legal recourse to protect them other than a file destruction, technically police are not even obliged to approve the file destruction. Unaware, people attempt to cross the border and are denied. CBP doesn't care much of peace bonds and discharges as long as it is not a sexual offence or drug related but it only takes for one CBP agent having a bad day to deny a Canadian even with an assault or DUI. Conditional discharges are treated as a criminal record by CBP agents.

Ontario recently passed a law that limits what police can show from the database for employment however this does not prevent CBP from seeing it. Other provinces have their own rules. Also, the Liberals did state they will limit individual mental health information from being disclosed to CBP agents last year.

Approved file destructions if done properly remove the FPS number of an individual (fingerprints) and all other non conviction information for travelling purposes.

The system is clearly broken but politicians are unwilling to fix it. The right believes that punishment is the only answer and making the system harder. The left promises reform but has no clear direction and often makes the system even harder. The media wether left or right leaning just dramatize the whole thing and spread fear or hatred among the population.

@Michelle

Yes I thought you missed the "Absolute" part.

Just to clarify, Michelle as she has stated has extensive hands on experience within the justice system. I ONLY have my knowledge from experience and results. So that is why we do see some things differently, but for everyone here, you get the benefit of experience from different sides of the legal system.

#1675, John, I missed that he received an Absolute Discharge with Peace Bond. But that doesn't make sense, for the court to issue both to me, but stranger things have happened...You have to keep in mind, that the RCMP release information for different purposes. The RCMP results for employment, travel waiver would have come back clear or as you stated no record associated. However, as I noted, that if the request would have been for Record Suspension or Immigration, the peace bond would show. Keep in mind, that information showing to people who have access to CPIC is much more then what is given to the general public. You are right in the fact, most people do not need waivers if they have a peace bond showing. As I stated my comments are different then yours and I am not saying you are wrong by advising that a Peace bond does not need a waiver. In fact, I agree with you, as most times peace bonds are issued for assaults, which is not a big deal to the USA. Where peace bonds become a problem is with Immigration. Most people have to have a file destruction to remove them to carry on with the Immigration process.

Another waiver in:

December 16 2018 -March 25 2019 5 years.

1991 (1) Possession of Property Obtained by Crime (2) Fraudulent Use of Credit Card (3)Fraud Over $1000

First waiver applied for.

@Michelle

Irvin88 was specific that he has an Absolute Discharge with a Peace Bond. Once he is fingerprinted (after the year is over) the record is removed from CPIC. I understand the "levels" (as you have explained well in another post) but if our own RCMP send it back "no record is associated", where would Homeland Security see it? An absolute discharge is DESTROYED when you get printed after a year. Note the Peace Bond portion would have been completed as well.

I have been doing these types of Pardons/Removal of Discharges/Charge Destroys since 1998.

Think about how many people I have told they DO NOT NEED WAIVERS. Now think of what the FIRST thing they would do when they are caught at the border. They would at least call to bitch at me if not demand I help them with a waiver. But it never happens.

Don't forget, if I am WRONG, I make way more money. If people like Irvin88 need a waiver anyways, thats BETTER for me. So my "profit motive" is actually the opposite of my advice.

#1672 Irvin 88, Okay, my information is going to be different then above...no disrespect to anyone....Peace bond and a Discharge are too different things. A Peace Bond will remain on your criminal history in CPIC ......IT IS NOT A CRIMINAL RECORD - it is a criminal history and yes it will show for Voyerusim, and yes, Customs will see it when they querying your name. I deal with this a lot for Immigration purposes...If you request an Immigration criminal record check, all peace bonds, withdraws, stay of proceedings, ect...will show up unless you have a file destruction. This is an agreement between the RCMP and Immigration Canada. You will require a file destruction to remove the peace bond (and it is at the RCMP discretion to grant a file destruction). I have had some denied even though the peace bond was over. (depending on the circumstances). There is no connection to your criminal record and your passport currently, unless you have a travel ban on your passport or you are a member of "certain groups" that is a concern to Security. A Conditional Discharge IS A CRIMINAL RECORD for 3 years from date of sentence. Although we experts have different opinions on how to treat some of the more complicated issues, our processes get you to the same place and we will help you, although maybe in different ways. My background is with police and the different computer systems that exist with your criminal information, CPIC is only one system. So, I never advise people, US Customs will not know about this or that..but that is my policy. You never know what is going to happen until you submit an official waiver application or until you deal with a Customs Officer while traveling, each person is unique. If you are really worried about what is showing on your criminal record, or what to know what US Customs is going to see...I suggest you go ask for a criminal record with fingerprints, (marked for a Record Suspension)...This also shows all criminal convictions, charges, ect...and you will see everything that is under your fingerprints / name and date of birth. This is the best to do, as the RCMP and Parole Board of Canada have an agreement that all information is disclosed on these type of criminal record requests.

@Irvin88

The fingerprints bring the record to the RCMP's attention. They will REMOVE the record because you are forcing them to look at it. The Peace Bond will be over so they will remove the record permanently.

Homeland Security will not be able to see it. You will not need a waiver.

Thank you for your responses,
What about the peacebond, after the year has lapsed for both the discharge and peacebond, when I get fingerprinted to ensure that the absolute discharge was purged , the CPIC should come back with a peacebond? Which the Americans will see when scanning my passport? The peacebond would show it was for voyerusim? Is this where the file destruction comes in, in hopes it gets removed or I’ll need to apply for a waiver for a peacebond.

@Irvin

Just do the fingerprints first. When the results come back, then you can ask the Peel police to "remove it" but Peel is a difficult police force to deal with. Once you send the letter with a photocopy of the fingerprint results you usually have to call and badger them into responding. Even then they will insist "we won't show it, its a discharge".

None of the dealing with the Peel police affect you travelling by the way. 22 Division is also where you send the letter, to the records division. (not because you were arrested there, but because that is Peel headquarters)

Once you are off CPIC, Homeland Security will have no clue it ever happened. Technically for travel, the fingerprints are enough.

But was arrested in the Mississauga police station forgot to add

Hello John/hats

By having fingerprints done and prompting the rcmp to remove any record after the year, that also includes the police records held at where I was photographed and fingerprinted? This was done at the 22nd division in Brampton, their website states to write them a letter which they will forward to rcmp, guessing it’s the same then but fingerprints would be faster.