@jazzsax1

You know how I feel. You have researched it to death so you know as much as anyone else the possibilities. Whenever your ready, I am ready.

#1563 - Ironic that they are harsher on fraud when they themselves are the biggest perpetrators of fraud.

I'm wondering if it's worth taking the risk with the shutdown applying early and seeing what happens (3 1/2 roughly post conviction). Pretty sure John and Ken will talk me out of it. LOL

#1562 Adelaide, her asylum status was removed due to obtaining an Immigration benefit under fraudulent purposes. She now lives in Canada, and needed a Waiver to enter the USA.

#1563

Unfortunately, VERY unfortunately, we got the Trump administration. One of the top mandates of Hilary Clinton was to overhaul the immigration system and particularly as it pertained to Canadians. She felt that some of the immigration policies were quite draconian in their application and it is somewhat common knowledge that since her husband had capitulated on certain things as it pertained to immigration back in the 90's (as a way to appease the Republicans to push some of his policies through- which subsequently backfired) Hilary wished to revise that history, as it were.

No doubt the system needs a major overhaul. American immigration has been a nightmare for quite some time.

@Adelaide

You are right about US immigration being flooded by demands of waivers. It happened also back in 2015/2016 and USCIS had released a statement that first time waiver applicants could get a 5 year waiver the first time. However, with the current administration they changed their policy somewhere in late 2016 again. Many people got 5 year waivers before 2017. They started particularly being tough on drug, sexual (crackdown on prostitution) and fraud offences. This has caused another backlog and they are starting to overlook many decisions taken by the current administration. So we can conclude that waivers are a cash grab if anything and the system needs a major overhaul.

#1561 - Michelle.

That seems like a complex, and as you mentioned, very unique case. Congratulations to you for being successful on her behalf.

I'm a little confused however as to why she would need a waiver is she had already been granted asylum status in America. Wouldn't that status be considered legal so how could she be living there as illegal?

#1560, Adelaide, yes, it was considered fraud. However, as in each case it was very unique, she was considered a refugee from Somalia, and was granted asylum status in the USA. She was also under extreme and abusive control by her husband at the time, and he completed all the paperwork on her behalf, as she spoke no English and did not understand English at the time. There was consideration given to these circumstances when we applied for the waiver.

#1558 - @Michelle

Thanks for the reply.

In #1556 you stated that your client "was living under Immigration status under a false name". Doesn't that ALSO constitute fraud and as such, according to US immigration rules, a crime of moral turpitude? That being said would this not be considered much more serious than just a SIMPLE overstay and add an extra dimension to what your client must have had to overcome in terms of receiving a waiver and the adjudication of that waiver?

1557@Adelaide, The overstay was my client's only issue. No criminal record or history. I personally do not like doing waivers before a ban is over or at the minimum 6 months before ban expires. This is my opinion only and my reasons are: My business is 95% referrals. If a client does not get a waiver after hiring me, it effects future business. I do offer to re-do the paperwork for free if a client is refused or denied a waiver, however, they still have to pay the USA Filing fee again. To re-do a waiver for free is money out of my pocket, and I tend not to take the chance. I do review each case with a client before we start and I give them my honest opinion of what I think will happen in their case. It is always the client's decision to carry on with application, this way if it does not get approved they were fully aware of the risks. In this case, the client had some family issues in the USA, and was more then willing to accept the risk and convinced me to take her case. I see the 5 year rule also that others use to run their business, it is not something that I do, not saying right or wrong, just not a thing I am comfortable with.

#1556 - Michelle

I've heard that the US government is somewhat swamped with an overload and an immigration attorney I spoke with mentioned that waivers and other visas are often getting approved easier these days as not a lot of RFEs (Request for Evidence) on certain cases are asked for (that normally would be) as they don't have the resources to handle all the cases these days. Apparently they've relaxed the "rules" on certain cases.

That being said - did your client have other offenses or just and overstay? In your experience, and as you've stated in how you wish to handle those cases, do you generally see waivers NOT getting approved on overstays until the ban is COMPLETELY over?

I often see the "5 year rule" mentioned on here. With someone with a 10 year ban for an overstay in your opinion AND experience is waiting just 5 years not enough time on these specific overstay cases?

:: @Adelaide added on 02 Jan ’19 · 17:36

CORRECTION - Should read - "That being said - did your client have other offenses or just AN overstay?"

NOT "and" in the first sentence of the 2nd paragraph.

Hi All, hope you had a great holiday and are ready for 2019. I have noticed that the trend for the USA approving waivers has improved slightly. I have a client who has a 10 year ban for living in the USA illegal for 6 years, during that time she had applied and was living under Immigration status under a false name. She has 2 years left on ban, and wanted to apply for waiver against my advise due to family issues. She delivered paperwork in Oct and received a 1 year waiver today. I am very surprised, and extremely happy for her. So this proves that even though I advise to wait until ban is completed, there is always a chance. It really depends on you the client, we can only help you through the process.

#1553 - @PJ1

May I ask what your offense was that requires you to need a waiver?

Similar, client handed it in October (he picked it up on October 2nd and handed it in right away) got his new 5 year dated December 10. So 68 days (approx)

I have been advising people who have the flexibility to hand it in no more than 4 months before so that they aren't wasting the old waiver. If you really have flexibility 90 days.

Anyone with Trafficking, you will NOT get a fast waiver right now, even if you have multiple waivers before.

Applied for (filled out myself as I always have) new waiver (previous 3 were all 5 years) mid October and received new 5 year mid December so 2 months processing time. Filed at Sumas border crossing in BC. My other one was still good till July 2019 but I've always applied 9 months in advance just to be safe. Might go down to 6 months in advance next time since the're a lot of $$$$.

@Mobbu

Give us a coles notes reminder as to what you were applying for etc.

Just an update from my previous posts. We got a follow up request for a request of evidence for my parents. Gathered the supporting document of me supporting them while they were in the states. Provided my Work authorization and hospital visits. Sent it back to them for review Nov 3rd. Waiting for an update now from.

@kiwi

If you file now, and get it done right (personal letter is very important) you have a decent chance at a waiver, probably a 1 year.

If you wait until 5 years, a better chance of success, and a better chance and possibly a 5 year waiver.

Again, assuming a strong personal letter and no outstanding restitution.

Opinion required,

I see the 5 year waiting time mentioned here often enough, but is that from completion of sentence or from date of conviction?

I applied as soon as my conviction was completed but after 27 months received a denial letter, it did not specifically mention why I was declined.

I'm just over 5 years since conviction but not quite 4 years since sentence was completed, should I apply now or wait?

BTW my charge is tax related, filing a false statement from 2010, it's considered a Crime of Moral Turpitude so quite serious in US.

Thanks for any input.

1545 & 1546 I wish both of you well in your accreditation process. I am still on the fence about printing as it would be the last thing on our agenda if we decided to get into it. It is easier for us to have an affiliate to do it...Although one of my guys went through the RCMP accreditation process for our fingerprint affiliate and he can do mobile prints for us when he retires from his other job at Air Canada. It was easier for him as he already had a security clearance for the government.

So yeah on the fence for sure but warm wishes.

@Michelle

That sucks!

We have been so busy with fingerprinting the last couple of months. Today 11 sets, and that not even the busiest day of December. We have other staff that help Jennifer with the Pardon work or she would find it impossible to keep on top of anything.

Brampton is well positioned, its about 700K and so many people moving FROM Toronto, and other countries as well. We are so busy with citizenship and PR fingerprints. We didn't plan it that way, but it certainly worked out.