@Saratoo

Your central problem in getting a waiver is "how long has it been since I did something wrong".

You can't claim "I have changed" if a certain amount of time has not elapsed. When people ask me about waivers, one of the first things I think about is "will they get it". Otherwise your time and money has been lost.

For this situation, it makes sense that you will claim to have "changed" and 3 years minimum should pass to make it believable. If you wait 5 years in my experience it goes from "maybe" to "approved for sure".

I know you don't have a criminal record. But they think you were involved in prostitution/sugar daddy activities. We cannot simply say "ok, I won't do it again" and be believed without SOME length of time to make it seem real.

I assume you want a realistic shot at being approved, right? If you are doing it in 2019 (only 3 years after) get some expert help. NOT A LAWYER. In waivers matters Lawyers are NOT experts.

Hi roger , thank you for your reply
In 2016 when I was denied entry at Pearson airport the Homeland security said I can enter in 4 months that was a lie . and it took 2 years and I still go refused . I have a job since 2016 until now .
I don’t have a criminal record never been arrested . Nothing .
I have to wait 5 years ??!! Are you sure about that ?

@Sarato

I have had quite a few calls about this exact thing so I will tell you what I have been telling everyone.

1. Wait a minimum of 3 years but ideally 5 years before trying again

2. You are going to have to show you are working a legit job

3. You are going to have to show an understanding of "the dangers of prostitution" on individuals and society. One of the people I am talking to is volunteering at Elizabeth Fry to prepare for that. You will have to do something similar unless you are going to wait the 5 years.

These are the basics. Do not just reapply now, you will get refused again. There has been a crackdown on this type of "activity".

Call me if you need more details. 416-843-1371 (cell) you can text me as well.

@samuel

The fee officially went up on December 23 2016. We had prepared everyone for the fee increase, Congress had passed it earlier. Then on the day it went up, I checked it online and they had increased the fee, but exempted Canadian Citizens who hand in their waivers at a CPB border point. Basically everyone who is a Canadian Citizen.

Landed Immigrants in Canada and people from other countries pay $930.00USD for a Waiver.

@Brian

905-459-9669 (office)
416-843-1371 (cell)

You can text me on my cell if you want.

email:

pardon.experts@rogers.com

@John Rogers Thanks again for the info. Could I have your have contact information if I would like to move forward?

Hi I was denied entry to the states on section 212 prostitution in May 2016 .
I don’t have a criminal record . Basically the security said if I told him things I would catch my flight when I did I was denied entry . I send in my waver in June 2016
I got my reply back about 3 months ago that I was denied . Now when should I re apply ? And would it take 2 years again ?

#1431 -

KSCOTT

Thanks for the input. Makes sense.

On a different note are you now doing US investor visas?

If you ever have need for an incredibly competent and knowledgeable paralegal who specializes in EB-5 and E-2 visas (she has managed to get E-2's for people who have invested far, far less than the standard threshold of $100k) then just let me know.
In addition she also does O-1 (extraordinary ability visas) and has managed to get O-1's for people you would never in your imagination believe qualified for O-1 status.

She is based in both the US and Canada as she works remotely and works for firms based in the UK, Italy and America.

#1433 - John Rogers

The fee for a waiver has gone up to $930 USD??? Did I read that correctly? Canadians are exempt right now and currently pay $585 USD?

How long do you suppose (educated guess perhaps) that the exemption will stay in place?

@Brian you would get a waiver but trafficking is really being cracked down on and I would only bet on getting a 1 year waiver to start.

Also this is one of those offences (I have talked about this on the forum recently) I am seeing a lot of people I met at the airport who did the waiver on their own who are getting denied, even if it was approved in the past.

My advice would be to hire someone for the first one at least.

For those who have possession, NOT trafficking, I have not yet seen any differences since the legalization of marijuana.

@John Rogers Thank you for your informative reply. It sounds like my best bet would be to just wait until the pardon is granted.

Lets say money wasn't an issue and I wanted to apply for the US Entry Waiver... with 4 counts of trafficking from 11 years ago would they approve, or disapprove my application in your opinion? I've been on the straight and narrow (just made a mistake after returning from a tour of duty) ever since. Maybe a speeding ticket or two, that's it.

@KenScott - sorry but if you don't like football, you officially suck. Pick a team!

@JOhn yes the NFL definitely has the best... look at sad sack Buffalo.

The CFL is only hurting in Toronto because of poor ownership over a few years, combined with Rogers taking over Skydome, attempting to do the NFL in Toronto series with the Bills, and then downhill from there. Every other market is fine even with crappy teams.

I'm good friends with a former argo (who retired after 81) so I know all the stories.

The NFL has a different calibre of play, but some of the teams still suck. Sorry, but I'd rather watch an entertaining game that keeps you on your seat than one with a stupid fair catch rule. Stand up, don't be a pussy, catch the ball off a punt and run...

:)

@Brian

The Commisionaires used to stick strictly to fingerprinting and they were good at it (although some found them to be a bit grumpy because they were older and ex-police/security/armed forces. I find doing pardons and waivers for them is a bit different. I don't find them a great place for these services, although that varies by location.

Anyways, "I also heard that the US downloads the CPIC database regularly so getting a pardon doesn't help". is false and actually a myth perpetuated by Homeland Security themselves. I do MMA and have trained with quite a few Homeland Security personnel and I can tell you that even some of them think this myth is true. CPIC does not work that way. It never has.

""there is something embedded in your passport" who would put it there? The passport office? Its not true.

You are currently on CPIC. If you cross and they look you up, they could see it. Then they would copy the information into their own database, manually by the way, and then they would flag your passport. Anytime it is swiped, it would bring up a flag. Then they turn you back, crappy waiver package in hand, and waiver it is.

If you cross and are not checked, Homeland Security is not going to secretly flag you and not tell you. Why? Homeland Security officers WANT to catch you, they get credit for being vigilant. It shows they were WORKING.

You get a pardon, you are no longer on CPIC. There are rare exceptions that Michelle talked about. But 95% of people are no longer visible.

You cross, and they check CPIC. Nothing. They may still ask you questions, they aren't stupid. Just say "no".

Lets just say I am wrong. And don't forget, people lie and get caught because they are nervous or get confused. One of my training partners is a great guy, but not much of a quick talker. I got him a pardon. He immediately goes to drive to Florida. They ask him and he lies...but not convincingly. They keep asking and he admits it. But no copy of the pardon (I TOLD HIM NOT TO BRING IT). They let him in anyways, and told him to bring it next time.

But even when people are caught dead to rights, lying through their teeth, its the same result....they get turned back and told they need a waiver. No one is getting arrested or banned or anything worse than having their trip ruined anyways.

So if you want to file a waiver, go ahead. Remember, the fee has gone up to $930 but Canadians are temporarily exempted right now. That means ONE DAY, on top of other fees you will be handing over about $12-1300 Canadian dollars just for a waiver...for 5 years.

I would not. And again, I make a living off of waivers. I know why Homeland Security would lie to you, and I know why companies who want your money would lie to you....but why would I?

@John Rogers Thanks for the reply. I am currently getting my pardon through the Commissionaires (I am a Veteran) and they said something about "there is something embedded in your passport" that would alert the border guards.

I was also told if I was never denied entry that after I get my pardon I should be good to go. I also heard that the US downloads the CPIC database regularly so getting a pardon doesn't help.

Right now I'm torn because perhaps I could wait until I get my pardon and see what happens, or apply for the US Entry Waiver and then they will know my history for sure.

#1428 Let me give you a scenario...Let's just say that you are from Surrey and lived in Seattle 2 years illegally with your girlfriend Aimee(from Jan 2014-Jan2016)...You then return to Canada for your high school reunion and try to reenter. CBP discovers the 2-year overstay and gives you the 10-year ban. You have no criminal record and you did not work since she paid all of your bills and took care of you.

You now have the 10-year ban because you unlawfully stayed in the USA for 1 year or more. You will need a waiver to cover the 10 year period. So to be safe...Feb 2026 you would be cleared to reenter if you stayed out the complete time and there are no other violations.

SO now it is Jan 2019 and you want to visit Florida. You file for your waiver and get approved for 5 years Jan 2020. So now you still have about 1 year on your 10-year ban. So could wait out the year which is best in my opinion...or apply for maybe 1 more waiver.

Please check my math as this is why I personally do not do USA investor visas and leave them up to Mr. Seth Ban Archer..lol

Anyway, point is that after your 10 years is up, you will not have to get another waiver for the overstay offence specifically. Now it is a different story if you have any other relevant criminal or immigration offences.

Now having said that....there is another provision in the regulations that Canadians that were not issued an I-94 for when they entered the USA...May not have been deemed to have overstayed.. Technically, there is a way to argue that they did not overstay.

Lol I am embarrassed since not much of a football fan..lol

@Brian #1426

If you have never been denied entry, and you have a pardon, in my opinion you do not need a waiver. Why believe me? I sell waivers. Ever gone into Tim Horton's and been told NOT to buy a coffee?

Others may caution you that you need one. I have been doing Pardons and Waivers since 1998. If all Pardon clients needed waivers, that would be VERY good for business. But they do not.

Others can now give their opinions.

#1427

Yes I'm curious as to what happens AFTER a 10 year ban is over. Under what conditions would one need a waiver if you've "done your time"?

It's almost nonsensical to need a waiver after that as they might as well have called it a "lifetime ban" instead of a 10 year ban.

I have exact question as #1417.

I have asked few times to different border patrol officers while crossing border on requiring waiver after 10 year ban and every one of them has told me no except one who said I need a waiver for lifetime. But I want to hear from people in this forum their own experience.