Apllied back in dec 4th 2016 at rainbow bridge border my 3rd waiver whenever I send email every month I get random responses like file is pending or waiting for secondary security checks results

Today I received a msg in blue alphabet

(Your application is on file with the Admissibility Review Office.  Due to the individual circumstances of each waiver application) in blue alphabets

, there is not a set timeframe to give as to when an application decision will be completed.

Also doesnt say anything about pending ? Is that a good sign

It's been 22 months almost

I missed the post for #1343 as I have not been on the forum for a few days.

@Suresh Kampalli

I am not sure if submitting anything else is going to help, since you have already submitted your visa application.

If you were to submit a waiver application, even if they accepted it, I am not sure a letter saying you do not need a waiver (a september letter) would help at this point.

The problem is you don't have a very typical case, so its impossible to give you an answer on what the "typical" response time would be.

#1340 Technically yo would still be inadmissible because of the drug possession conviction. YOu were lucky that they did not see it before. Unless you mean that they did not see the conviction at all andbased your waiver on your voluntary admission or Sworn Statement.

Conditional Discharges technically willnot prevent a person from not needing a waiver. Yes I agree that you should be lucky that you did not have a PPT conviction.

@AcDc Be happy you were not convicted of trafficking! Congratulations!

Heyall,

Applied and Filed application myself at Winnipeg airport 120 days ago (today)

I received a five year waiver valid for business and pleasure dated Aug 31, 2018.

I had a charge of trafficking and proceeds of crime, which was reduced to simple possession in court. I received an conditional discharge 9 years ago.

When I was asked at the border if I had been arrested, I was honest and told them the truth. That's when I became admissible. Had I not have said anything I would not need a waiver.

Nevertheless, I got it for five years and it came relativity quick.

Cheers!

#1338 This is why you definitely excel in this area and are the perfect person to help him get the Canadian part sorted out.

#1334, Your C. Discharge will be removed for sure...This is from the Parole Board of Canada website about C. Discharges and A. Discharges...

https://www.canada.ca/en/parole-board/services/record-suspensions/got-a-question-about-your-application.html

If you have only received absolute or conditional discharges, you do not need to apply for a record suspension.

If you received an absolute discharge on or after July 24, 1992, the RCMP will automatically remove it from its system one year after the court decision.

If you received a conditional discharge on or after July 24, 1992, the RCMP will automatically remove it 3 years after the court decision.

If you received an absolute or conditional discharge before July 24, 1992, contact the RCMP to have the information removed (RCMP Pardon & Purge Services, P.O. Box 8885, Ottawa, ON K1G 3M8).

*The reason a person has to contact the RCMP for C. or A. Discharges before 1992, as there was a glitch in the system, and some were not automatically removed. However, I can advised that when I was at Edmonton Police, I "queried " Thousands and Thousands of names in CPIC and came across this maybe 3 times. So very rare....

#1334, Hi, when you do the request for Pardon fingerprints, it is very simple, nothing to worry about, you just go to the local police or a private fingerprint location such as myself, I am partners with Sanfran Morpho, who has locations all over the world. You just go in and ask for a Pardon fingerprint criminal record check , with the results being sent to you. It is very easy..and not complicated at all. Remember I said, you don't need a Pardon, you are just requesting this "type" as it will give us full information.

#1336, K..that will be interesting, yes, I sure understand "everyone knows everyone",My business is definitely based on Referrals..I walk into Wal-mart and all the cashiers, are "Hey Fingerprint Lady", as I fingerprint soo much for Immigration...LOL..

So they decided to do a story on our headquarters town. This stuff is in our backyard literally. Not saying that these are our clients but we would have other things to worry about if we did not produce good results on our waiver cases at our Surrey HQ. Even Justin Trudeau came out to address how dangerous Surrey BC can be.

So this indirectly is also why we cannot produce non-positive results since everyone here knows everyone.

https://globalnews.ca/news/4427641/surrey-gun-gang-violence-justin-trudeau/

Yup but actually a lot of these guys would not even need #usentrywaivers. This is in our backyard literally but it does not impact us.

usentrywaiverservices.com

#1334 This is great news but I only ask that you do 1 thing BEFORE YOU CROSS OVER. Please show me what your court file says before you show it to CBP. I want to make sure it does not say something that can be used to bite you later.

Don't worry, I won't charge you a penny and you can blacken out the name if you want. Again, I just don't want you having to pay for an unnecessary waiver if you can thus avoid so.

usentrywaiverservices.com

Hi all,

Thanks for the advice. I will wait a few more months till the discharge gets purged and do fingerprints for a pardon to make sure it is completely removed. I don't need a pardon so I don't know how to go about that.

As for the withdrawn charge, I am hoping that the arresting police force will accept to remove it from CPIC with the file destruction. I would need to contact one of you to help me submit a successful application.

If I travel to the US and they ask have I been arrested? I will say yes. I will get a copy of my court document to show the charges. If they refuse me entry, then I believe my chances of getting a September Letter are good. Before my arrest, I would travel to the US often.

@John

I traveled throughout Canada during the last few months. I realized that we live in a beautiful country with great values and amazing people. However, criminal reform is needed.

The last years have been tough for me. It's a tough pill to swallow when you get arrested on false allegations and the cops keep coming after you for ridiculous claims.

I worked hard to get an education. I stayed out of trouble all my life. I never gotten any traffic tickets spare a few parking tickets. All my hard work was shattered that night by a mentally disturbed individual. A person who should have been locked up for good. In the end, we both lost. She moved away and got nothing while I became a criminalized individual who didn't commit a crime. She was already in the system and she had nothing to lose but why attempt to ruin my chance at happiness?

I am grateful I managed to keep my job. As for the no good cop who arrested me, I only have kind words for him. I hope he got his promotion.

Serve and Protect!!!!

#1332 Well if you see them, please check the statute number. I think he is in a very good position right now.

@1331, K. Scott, the file destruction usually takes 1 year, however, I just had one that took 5 months from beginning to end. So it is possible, but need to see those court documents also.

#1329 you are definitely 100% correct. You also know that certain criminal convictions could make it difficult to get a Greencard too in the future. This is one reason why we try to get people out of unnecessary waivers since it could hamper a future Greencard sponsorship application.

Misrepresentation is a nasty thing with CBP, so I would like to make sure that he does not fall into that trap in the future...This was why I was thinking of the 4 layers of defence for him will protect him.

#1330 Yes the prints is definitely a great first step. Could you get his conviction purged faster? I do think though that the waiver part should be his last level of defence since we have gotten people with his offences a lifetime clearance before. I am thinking that would be a strategic move that can be implemented as a last resort. What would hurt him is if he said the wrong thing and the guard tricked him into mistakenly saying that he placed the girl in fear of harm(which I don't think he did), and it was documented on a sworn statement. Then you are on that slippery slope of Domestic Violence which is not in his best interest.

I actually would like to see the specific statute number of the conviction(s) and read the narrative in the court file. I think we could for sure turn it around. It is harder for them to argue against a September Letter since the ARO has already done their analysis and determined that the person is not inadmissible for the specific offence. The thing is that we do the same analysis that they do.

He is in a very good position right now, and I would hate for him to lose it.

usentrywaiverservices.com

Hi all, yes, I think we are basically in agreement of the same outcome, as I stated, my first step would be to request a fingerprint criminal record check marked for a "Pardon / Record Suspension" and see what exactly is showing and then move forward with a file destruction to remove the "withdrawn" charge. Then decide what to do about a Waiver. I always start with fingerprints - Memory is flawed - Lawyer's advise is bad - Understanding of how things should have gone and did go in court can be confused and be too different things - many times there are surprises on the criminal record check.

Good point about misrepresentation.

And this probably won't apply to most of us here, but if you ever find yourself in a position to get a green card in the future, the green card application would have some sort of catch all questions such as, 'Have you ever lied to border agents to gain immigration benefits?', or 'Have you ever committed offenses for which you have not been arrested/charged/cited/convicted/etc?'.

If you smoked pot but never got caught, and then lied to the border officer about it, then the border guy let you in. And then later on, you married an American and tried to get sponsored, you would be in a dilemma on how to answer these questions.

Denationalization have happened for people who did not answer these catch-all questions 'truthfully', and I find it to be crazy. In contrast, Canadian permanent resident and citizenship applications would only ask for charges and convictions, which is more reasonable.

I think we are all essentially saying that once it disappears...he is essentially good to go. There is only 1 small area of uncertainty...He will have to make 100% sure that it has disappeared so that he does not fall victim to 6c.

The actual offence he has now is essentially not as bad...So whoever does his pardon/purge has to make damn sure that it is gone. I still say that he should not file for any waivers right now. He should let everything disappear by however it will happen.

It should not happen to him, but it does say in the code that a person can make themselves inadmissible by voluntarily admitting to committing the acts of a relevant criminal offence. Plus by law, we cannot tell him to not disclose anything to CBP since that could fall under 18 USC violation.

An example is let's say that he smoked a joint last night and there is absolutely no record of it. He came to our office to discuss his future border crossing event. I cannot tell him not to disclose this activity to CBP if they asked this question...

However....I can explain to him that his prior activity is known only to himself and what the repercussions will be if he decides to voluntarily admit to it...Meaning that he will have to get waivers for life. So he then decides what is the best course of action based on his "own internal feelings and decision."

If he feels he wants to admit it and do waivers for the rest of his life, then that is his "conscious decision." If he "decides" that he will not disclose it, then he will not have to do waivers since there is no evidence or admission of a relevant event. Again, the choice is his and we only explain the parameters to people and let them decide their own course of action.

In his case though... his offences(based on what he says here), may not make him inadmissible anyway. His case is unique in that it is involving alleged Harassment by a female. He has to make sure that his case does not slide into the DomesticViolence category since CBP does not like this at all. I personally do not think that he committed the offence(s) as I know how often women lie in general. The bad part is that this is the system in place right now but we can be successful against it.

I think his defence should be in 4 layers with the end goal of not having to need a waiver in the future:

The first layer is someone has to help him make this completely disappear. I am thinking Michelle since she previously worked for Edmonton PD, and has literally seen Canadian law enforcement databases on the computer screen.

The 2nd layer is that before he crosses, he has to have the knowledge and confidence beforehand that it is gone. John can check and give him a 2nd independent verification that it is cleared in the system. This will reassure him that it is gone.

The 3rd layer is he has to be prepared if CBP decides to throw him a curve ball and ask him if he has ever been arrested at any point in his life(whether they see the offence or not). If he says no and IF...I MEAN IF..they find out that he has, then that is a guaranteed 6c violation...and he will get a lifetime ban for the Misrep as opposed to the actual offence. If he says yes and they send him home, then they cannot get him for 6c(See 4th layer). A lot of this is dependent on if he is fully purged from the system. The wild card here is that CBP(or any US Federal or local Law Enforcement officer) can legally lie to people. Specifically, CBP can lie to him and say that they see something...under the guise of trying to get him to voluntarily admit to something in a sworn statement. My team can go over his first border crossing event with him(prior to him entering) and give him even more confidence by showing him how this is done. Also, can get him prepared in case CBP throws the curveball. Now if they don't ask and he admits to nothing...then he is good to go and will not have to proceed to the 4th layer of defence. He cannot just go by believing that the system is purged(even if it is cleared). He needs to be prepared for all possible scenarios.

The 4th layer is him admitting yes and us showing how his offences do not make him admissible...and he is good for life with a September Letter(This is his last line of defence).

So once he is done, he will have 4 layers of defence at his disposal and he will save thousands of dollars over a lifetime by not needing an unnecessary waiver.

@Criminalized Society

We have had discussions before about levels of CPIC etc. You are overthinking this. Your letting your bitterness about the charge interfere with what you actually need to do.

Now remember, I am in the business of making money through Pardons/File destruction/Waivers. So if I am giving you advice AGAINST my profit motive, its much different advice than something which WILL make me money, which you have every right to think is in my best interest.

Homeland Security wants you to think they have the ability to see everything at all times. This helps them. I have befriended many Homeland Security officers, Rugby and MMA made it possible for me to become close friends, so I have a very clear understanding of what they CAN see, and what they cannot.

On CPIC right now it says you have a conditional discharge and a withdrawn charge.

When the three years are up, you MUST be fingerprinted for a Pardon. This will PROMPT the RCMP to SEE the Discharge and remove it. It is not removed automatically....unless you are fingerprinted.

Once the fingerprints are done, they will ONLY show the withdrawn charge. You apply to that police force to get it removed. You cannot apply to the RCMP, and they will not remove it unless the police force who arrested you consents.

1.) If you are successful, you do another set of fingerprints and it will show nothing at all.

No waiver needed, case closed.

2.) If you are unsuccessful, still no waiver needed, you only have a withdrawn charge...the discharge is gone forever.

Michelle is saying the same thing in a different way. DO NOT ever reveal the discharge to Homeland Security or anyone else once its gone. It is COMPLETELY gone.

As for what happened to you, as frustrating as it is, as unfair as it is, people have it worse. I get a lot of clients through social services and the sheer discrepancy between sentences for white people vs black people is astounding. I once did a study for social services taking same offences, within a year of each other, comparing black men and women and white men and women, and it was incredible how diverse they were.

One graphic example were two women caught smuggling cocaine from Jamaica.
White woman, 21, conditional sentence (she did some weekends) , 3 years probation, community service.
Black woman, 5 years PRISON, she was a mother and 26 years old. They threatened her with 10 years.

This is in Toronto, so obviously things can be regional. Both convicted in 2001.

Miscarriage of justice happens. Luckily in Canada we rarely sentence people to prison, and we have pardons. We are the only country in the world with this system. I am very proud to be Canadian when I talk about our justice system, as imperfect as it is.

I have a similar but slightly different take on your case. I agree that if you wait for the appropriate time and your record will disappear. This is a very good thing and could save you the expense of the waiver. We can get a September Letter for your convictions and offences if needed right now...So this will not be an issue but I recommend that you do not apply at all right now. Now I can tell you the only 1 thing that may bite you....

The scenario is that you crossed the border in 2022 and you get asked if you have ever been arrested/charged and you say no. They find out for whatever kind of reason about the prior offence(s)and then state that technically you have just committed a 6c Misrepresentation offence for stating you have never been arrested(Conditional Discharge or not). This will make you inadmissible under 212(a)(6)(C)(i) Material Misrepresentation / Fraud. This in itself is a lifetime ban. So it would not be the offences as much but more so the 6c.

Now having said that...there is a 98% chance you will not have to do waivers for the rest of your life since your offences right now(based upon what you have said here), technically can be shown that you are actually not inadmissible to the USA.

I suggest that you let your offences disappear first. Maybe John or Michelle can facilitate or assist in this action. Then after they disappear, you contact me and we will go over the specifics regarding your future border crossing event and explain why they are doing such and asking such. We may even have you come to the office and we can show you in their manuals. We can also show you how you will not have to do waivers in the future.

Again, I suggest that you do not file for any waivers whatsoever right now and just wait for everything to disappear. Get a copy of your court file right now and keep it in your safe. Your info should be purged after the allotted time has gone by anyway. Then you will do your future crossing and CBP may or may not ask you if you have been charged. You will have to say yes of course and can state the specific conviction. If they foolishly then say that you need a waiver, then you politely leave and you contact us again. We will show in our presentation why you are not inadmissible and they will then send you the September Letter in the mail.

In this way, they cannot get you on 6c because you have honestly declared everything. They won't be able to get you under 2a either. So you will not have to get waivers for either category and you should be good for life.

Having said that...this would not apply if you commit another offence...An example is that you shove a border guard in 2023 or have admitted to smoking a joint in 1988. Then the process would be started again.

Moral of the story is that if you stay offence free in the future, you will not have to do any waivers and this will save you a lot of money.