John Rogers is correct. I do want to add one thing to the equation and I know this for a fact and I will give you the true scenario. Let's say that you live in BC, have a pardon and your record is sealed and CBP cannot see it...However...in B.C. they have the Integrated Gang Task Force since BC is full of gangsters. The Gang Task Force shares info from their database with the border and I know this for a fact. So you could technically get a pardon but you could still be in the Gang Task Force database...depending on if they have listed you there. Then what CBP does is see this listing and pull you inside to secondary. They then grill you and threaten you with arrest based on what they see. The trick is to get you to give them more info.

What people don't understand is that under the INA, you do not necessarily need a relevant criminal conviction in order to be deemed to have a criminal offence.

Essentially, they want you to fill in the holes. Then they take a sworn statement and that is used against you. We have a client that was pardoned and CBP could not see his trafficking conviction. His name was in the database and they eventually found out about the trafficking and told him to get a waiver for Cocaine trafficking. Then he got his pardoned record and got his waiver approved but it took 16 months and it was a lot of work.

So yeah at least in BC...a pardon will not necessarily conceal your record from CBP. There is something that can be done on Fraud offences regarding restitution that is not paid and the person can still can a waiver. The reason why I say it is because we have a client that owes $11,000 restitution ion BC on a Fraud case and is on his 3rd waiver. He has still not fully paid it off and still gets waivers. I cannot share that here but I will share it with John and Michelle on a private conference call.

HatsBootHats

Just two things: "Getting a pardon before travelling to the US could help but we don't know wether the US has access to it even after it is erased with a pardon or gets a copy of it before ever being erased."

We do know. They have access to CPIC. If you remove the record from CPIC and have never been denied entry, there is no other way for them to access your record. You are stating what a lot of misinformed people say, but its not true. We KNOW.

“Canada and Mexico don't have a record sharing database like the US and Canada do. This could change soon now that canadian visas have been lifted for Mexicans. NAFTA renegociations could mean a new criminal record sharing database between the 3 countries.”

I have heard nothing to indicate this. Canada and the US share a border, so sharing CPIC makes sense. If you understand what CPIC actually shows, its imperative for this access at a border that canbe driven across. Mexico has never had a desire to access CPIC, mainly because Tourism trumps security concerns in Mexico, and they have no wish to limit Canadians crossing into Mexico.

Reference letters: Samuel

The letters CAN be a tool when someone is "borderline". For an overstay they would indicate the person is a very involved part of the community and how. And that they "vouch" for that person. Most applicants are not borderline though, and the reference letters are less important when the waiver is fairly straightforward.

Personally my data indicates the following differences for waiver applicants from Obama to Trump. Now remember, Trump really only had people in place to make changes form March 2017. Not November 2016.

Fraud: More likely to ask for restitution now.

Sexually based offences: basically a non starter, unless you can provide evidence that despite being convicted, you were not guilty. Very hard to prove but I have had 2 clients where this was successful. Anyone else, even with a previous waiver for 5 years, denied. These are not rapists, these are minor sexually based offences.

I have found no other differences that can be verified statistically. I have had MORE frequent requests for additional documents, but not a huge amount. I also want to point out that although it SEEMS like they are being harder on certain offences, in truth the NUMBERS aren't showing that. Which shows that for people in this industry, we may rely a bit too much on anecdotal evidence (we deal with people after all) but when I run actual DATA, I find very little difference.

@Jazzsax

Most countries have issues with people that have criminal records. The good news is that with visa free requirements you can travel with your criminal record never posing a problem. Where it becomes an issue is when you apply for a visa and you must go through a criminal record check and medical. Off course having a pardon won't reveal your record. Mexico and Australia won't see your record unless you are on the Interpol database. Getting a pardon won't help here because you're info never gets erased from Interpol. This is why convicted people of serious crimes have a hard time travelling abroad.

Canada and Mexico don't have a record sharing database like the US and Canada do. This could change soon now that canadian visas have been lifted for Mexicans. NAFTA renegociations could mean a new criminal record sharing database between the 3 countries. The European Union has one in place but an Italian for example is a EU national by default and cannot be denied entry to any other EU countries.

Getting a pardon before travelling to the US could help but we don't know wether the US has access to it even after it is erased with a pardon or gets a copy of it before ever being erased.

Also many countries are launching electronic visas to help them do background checks on every traveller before entering the country.

KSCOTT - Thanks for the input. For the fraud case you got approved, how long post conviction? (Considering the restitution hasn't been fully paid). Also did they ask for proof it was paid?

@K SCOTT

Re: Reference letters

How exactly would a reference letter help to show that you are rehabilitated in the case of just a simple overstay? What's the "rehabilitation process" for an overstay"? Swearing that you'll never do it again or something else?

I've read that the person writing the reference doesn't need to know the reason for your inadmissibility (I'm guessing a lot of people wish to keep certain "transgressions" private).

So would the reference letter just serve more as a character reference? (for example "I've known X person for X number of years and he/she has been a great contributor to the community, etc, etc...")

I will admit that there are a lot of flaws in the entire waiver process. There are so many factors that have to be taken into account. Each case is unique and what may work for one case may not necessarily work for another. Sharing info is good but people must also be aware that waivers are adjudicated by different officers that have different feelings. I am also seeing that they seem to be harder on trafficking now under Trump as opposed to Obama. When Obama was in, they were harder on Fraud and easier on Trafficking. It seems to have changed now. I just got a Fraud case approved and it only took 3 months and this individual did not pay the full restitution...yet the trafficking ones are taking 12 months or longer. People need to be aware that they look at a number of things in each waiver case. I do think that it is safe to say that they are really hard on trafficking and sex crimes now. So processing times can vary depending on a number of factors to even include the type of offence.

It is true that they do not contact people that write the letters of reference. The letters are supposed to be part of the process that shows that you are rehabilitated. Also, note that they really would not have the time to contact every person that signed a letter of reference on every waiver case.

usentrywaiverservices.com

@JOHN ROGERS
@michelle

Once again thank you for weighing in with your expertise/experiences.

JOHN you said you have NEVER heard of references being contacted... then what purpose do they serve if the veracity of the reference is never substantiated?

If that's the case then reference letters must count for very little in the adjudication of a waiver.

Thoughts?

No worries, just more curious. In my case it's substantial on the stand alone (was a fraud charge, long story, stupid, didn't take the funds but essentially paying for someone elses loss... 6 figures). The restitution as part of the sentence / probation (about 12k) is long paid. I'm hoping they ignore the stand alone order.

Was curious on the travel side and which passports you used. I've heard mexico has issues with records from canadians --- and same with Australia. Surprised it wasn't an issue there?

I have the option to get a 2nd passport due to birth rights --- debating that to make travel easier.

All the best

John Rogers, thanks for the comments.

I have started rewriting my intro letter, but I'm a bit lost on how to put it together and not sounding like I'm completely insincere and trying to suck up to them. (not quite how I wanted to say that, but I want to be authentic and be truthful in my response to them)

Do you recommend describing the details of the event(s) that lead to the charges or just focus on rehabilitation and remorse and what I've done since the conviction.
Also since I've already filed an application that was denied, should I try to keep the continuity from the first application, just concerned that my first application didn't address rehabilitation or remorse on my part very well.

Any help in that area would be appreciated.

Jazzsax, I paid the fine in full and still had about 10% of the restitution owing when I applied, but updated them by letter once it was paid off at the 12 month mark approx. I sent proof of payment as well.

The amounts were substantial, but not willing to discuss/disclose on here.

I have traveled to British Virgin Islands, Mexico, Nicaragua, NZ (3 times), Australia, Spain, Germany, Czech Republic and the UK, all flights outbound from Canada and it was sometimes difficult (and more expensive) to find flights that didn't go through the US.

For places Like BVI it took a travel agent 2 days to find a route for me, but I got there after 4 or 5 stops, Mexico was easy, direct with Westjet to Cancun, Nicaragua via Mexico City with AeroMexico and Europe was direct from Canada so no problems there.
NZ has direct flights from Vancouver to Auckland which I did in both April 2016 and December 2017 but I just got home from a trip to NZ and I went via Sydney which was brutal, the last leg being 15 hrs and traveling economy is no fun, about 24 hours door to door with stops.

It makes me tired just thinking about all those flights I did.

I traveled on my Canadian passport on all trips listed above but I do have a NZ and a UK passport which I could have used if needed.

Regards, Kiwi.

KIWI #988 - sounds similar to my case, lol. How big was your restitution and was it paid in full when you applied?

I have restitution as part of my sentence / probation (which I have paid in full), and then a seperate "stand alone" restitution order for a larger amount --- the judge seperated the two for interesting reasons. I'm hoping that the US will look mostly at the restitution required under the conditional sentence / probation only.

I've held off applying per JOhn's advice --- it will be 3 years post sentence in Oct. I may try at 3 and see, otherwise try again at 5 years. Like you I travelled extensively, and looks like the US will be the only issues.

Mind me asking what countries you've visited without any issues?

kiwi : yes length of time since conviction is a huge factor. Thank you for the kind words.

Just as a side note, although I insist that the reference letters have a phone number, I have never HEARD of anyone's references being contacted.

I think October 2018 should bring about a different result. Put a lot of time into the personal letter, its an important factor.

JOHN RODGERS #985, Thank you for that response, it explains the process from your side of the fence well.

I was active on this forum in the past and I check in from time to time and thought I would add a comment.

My waiver was denied last year, I was not given a specific reason, a list of possible reasons was provided, my best guess was not enough time passed from the conviction.

I got a request after a few months for additional information, proof of payment of fine and restitution which I sent within a week of the letter.

Neither of my references were contacted.

I filed my application about 2 months after my conditional sentence expired and waited for 27 months to get the denial response and it came by registered mail.

I am going to refile after 5 years from the date of conviction (Oct 2013) and it will be over 10 years since the actions I took resulted in the charges being laid.

This process has taken up so much energy and effort and it just seems bizarre that so much resources are used to have us prove we are worthy to visit the USA and the same for USA citizens being blocked from travelling to Canada.

I have traveled extensively since my conviction without trouble, the only country that won't allow me in so far is the USA and that's were I used to visit over 10 times a year.

Good luck to all those still waiting for their waivers and thanks to John, Ken and Michelle for your input.

Kiwi.

@#984. Samianauman, I need more info, such as where did you deliver paperwork, what have the responses been to your traces? This tells me that you may have a serious offense or fairly recent? You definitely should have received something, did you move, and not give a change of address? If you don't want to post what that is on here, then please send me an email at info@fingerprintpardon.com

@John Rogers #985, I agree 100% with everything you say, Pardons take up an extreme amount of time, mostly because the court houses can't fill out paperwork right, and it is constant double checking and correcting. And you are right about staff...my business is just me, simply because Saskatchewan population is no where near what you deal with in just Toronto...LOL and I literally cannot find anyone who wants to work in this business. Also, your points are another reasons that I am so selective on Waivers, if it is just too complicated, I refuse it..I always tell my clients, "I tell you how it is...not what you want to hear".

I don't have much to add other than about rejections. They used to give very detailed information about the denials. Since about April they have stopped doing that and some of the denials are very short.

There have been a couple of people on this board who have contacted me directly who were denied, perhaps they can share a bit of what was written to them.

I get a lot of referrals, so when people do their waivers in other places, (themselves or with other companies) sometimes they come to me to simply try and appeal. Like Michelle said, in most cases, its a waste of time. In most cases, the application was dead in the water before they started and they got bad advice.

Samianaurman keep emailing once a month. Once it goes past 90 days its a pretty long process.

Samuel: I think Michelle has covered it pretty well. For proof of employment I usually just give the most recent tax return or a letter of employment, but thats not to say Michelle is wrong for suggesting more. I have learned over the years that I try to limit the "overkill" on certain documents if the waiver is a "slam dunk" because most of my clients are men. Men procrastinate. The longer the list, the less likely the waiver gets done. I like Michelle's approach, she is meticulous and detailed.

In the past 3 years I have gone from a "here is what you need to do" to a more proactive "lets get this done approach", mainly because my clients seem to like to be pushed and I was finding too many waivers were getting started and not completed. I track each waiver and follow up with the clients for a couple of reasons

1. I don't want clients to start and not finish. Even if its the clients fault, it leaves a bad taste in their mouth and they feel like it was a waste of money. This hurts referrals. Ultimately the client blames the person they paid.

2. I find I never lose waiver clients to anyone else this way. They start, and even if they need prodding, the waiver gets done and they stay on track. Same for reapplications. The clients feel taken care of.

3. I used to hate the call that started "I started a waiver 5 years ago, and nothing happened". Something should ALWAYS happen. There has to be an ending. I went from a guy who does waivers, to guy who GETS waivers. The client has to literally NOT want the waiver to not get it, and not follow up. Its been much better for business, referral rates have gone way up. and clients like that the waivers don't wither.

I can do this because I have enough help that I can focus on just waivers. Most companies do not do this and they focus 80% of their time on Pardons. (they have no choice, pardons constantly bog you down with paperwork) I can show anyone who comes to my office a spreadsheet of every single waiver I have going, and every single one that has been completed (names are hidden of course) it shows that I am tracking results. My information has a real numerical basis in fact. Its not magic, its a tool. But I will be honest and say that I can only do this because I have a great support system around me, and I am not bogged down by fingerprints, passport photos or Pardons. My partner does that. That also means SHE is not bogged down by waivers.

4 years ago I called every single waiver file i Had. this spanned form 1996. I asked the ones who no longer were active "why". I especially asked the ones who were doing waiver, but not with me "why". I found I was not doing a good enough job following up. I found I was giving too much "homework". I pinpointed that getting 2 reference letters was the MAIN problem most of my male clients had. Offering to DO the reference letters ALONE has increased the amount of waivers that are done quickly and efficiently.

So that is partially why I say 1 years taxes, and Michelle might say 3 years. Neither is wrong if the waiver is granted, the different approaches are geared more to the clientele we are dealing with. Michelle also lives in a different region with a different level of traffic. I need a minimum of 2 people in the office at all times and have found that 2 people can do the work of 3. But 1 person can really only do the work of 1, and sometimes not well.

The problems you find with Pardon/Waiver companies is not one of deliberately bad work. They set up in what appears to be the best manner, with a Pardon focused strategy, and they don't staff properly. Until 4 years ago I had the same model. One thing I will say about Ken Scott is agree or disagree with his methods, he has chosen the "better application" to offer. Waivers are much faster, they need renewals, and clients who are successful are great referrals.
Pardons are slow, require much more work., they do not need renewals, and the clients don't really ever want to revisit the memory after their pardon is done. So they are not as good for referrals.

In my view, the best intentions of start up companies are sabotaged by the wrong focus, and under staffing. They don't change their focus or process as times change, never look at themselves critically, and never adapt.

ABC Pardons and Waivers (fictional) starts of small and has the best intentions. 5 years later, they are bogged down, behind, and inefficient. They take shortcuts and stop caring about quality. They only care about the next person coming through the door and getting a sale. Instead of a new approach and more staff, they cut corners. Then the complaints start.

This is why there are so many bad actors out there. Its not intent. Its poor execution. Before using anyone ALWAYS check out online reviews. As you can see Michelle and I have been around and usually know the reputation of each company, or more importantly, can show you where to check them out yourself.

Sorry for the long post, but I had a phone call from someone who asked WHY my waiver "delivery" is different. Its a great question. Its not magic. Its a different approach.

Applied in dec 2016 haven't recieve anything yet

@michelle

Thank you.

And yes I most certainly can respect your "trade secrets". LOL

@Samuel #980, Yes, you receive a detailed document listing why you have received a denial. You usually, have the option of an appeal for $150?? to convince them otherwise. In my early years, I tried appeals, and never won..so I don't bother with them anymore. Depending on what the reason was for denial, I will try the application again in 1 year - maybe more...however, now that I am more experienced, I really look at your case before I take it on, so that we don't have to go through all of this..Yes, 3 years tax returns would be good..there are some other things I would suggest too, but those are trade secrets and I can't give it all away...LOL..

@jazzsax #979, while it is true, that John Rogers and Ken Scott have had a few differences with each other. Both have always been very respectful towards me and are always there to share their experience, and give me advise. I have learned a lot from both of them. This is an extremely tough business, with many competitors who don't have a clue regarding the process of either a waiver or a pardon and are providing a terrible service to people for crazy amounts of money..I have been doing this work with my own company for 10 years, and was involved for years when I was at Edmonton Police. I have seen many companies come and go and leave hundreds of people in disarray and scammed, many of them who find us out of desperation. While we each have different ways of running our business, and offer different levels of service, we remain constant and passionate about one thing and that is making sure our clients get what they ask for to the best of our ability.