@michelle

I saw your earlier comments but no worries here.

I was born in Canada so I'm a true Canadian citizen.

Spent a lot of time in the States as I went to graduate school (some very prestigious schools if that matters) there and basically stayed on a variety of visas for a couple of decades.

Overstayed on my last visa.

I'm well aware of what being "Black" in America entails as I have horror stories for days as to the things I've experienced there (particularly dealing with law enforcement).

I have never needed a pardon for anything as I've never had a criminal record in Canada or America. The most I've gotten is a couple speeding tickets (which I paid).
No gang affiliation - lol.

I travelled through Calgary one quiet Friday evening and was pulled into Secondary and thought it somewhat interesting that the ONLY people in Secondary were all Black males traveling independently of one another. There were 5 Black males in total (myself included). This being Calgary (which doesn't exactly have a huge Black population) I automatically put that down to racial profiling (seems obvious does it not?) and I'm just aware of the mistreatment we generally get at the hands of American law enforcement at the best of times.

I got a bar on the overstay.

My concern is that when I file a waiver since they have a picture of me and do the most American of things which is explicitly marking which "race" you are when my waiver documents go off to DC or Virginia I'm worried that I just won't catch a break, as it were, independent of how strong my waiver application is. I'm not whining by any means but just know, all too well, the realities of being a Black male and American society.

JOHN ROGERS touched on this I believe and I was just wondering if anyone here has any experience with this or has seen non-white people's waivers being denied in inordinate amounts.

Hats why would you suggest he not declare his income? Do you have reason to believe he's a tax cheat from how he posts on this board? For someone who bases the bulk of his business in one speciality I would think he wouldn't be that dumb.... (Actually think it's more dumb of you for insinuating it)

I highly doubt he isn't declaring when he's taking most of his payments online via credit card which is easily trackable, particularly via merchant deposits into bank accounts. Even with paypal, they are communicating with CRA, and if John is doing any volume whatsoever his account would be a business account --- which paypal is definitely reporting to CRA.

Remember - CRA can and does use production orders to know and assess if individuals or businesses are not filing the way they suspect based on a pattern or history or belief. Heck --- I'm aware of how production orders are used (they were used in my case by the rcmp to try build a case against me when there wasn't one... LOL).

@John Rogers

The issue is that you are looking for business and there is nothing wrong with that but you also give a lot of redundant information as well. Somebody that comes here on an open forum claiming you are the next best thing to US immigration law is not professional at all.

You and I know that nobody knows what the agent that works at Homeland Security or USCIS is thinking when he looks at waivers. Five year waivers right off the bat are not common. We saw a trend last year because of backlogs but right now 1 year waivers seem to be the norm once more.

The system is flawed because having a criminal record does not in any way destroy the reputation of a person and it should not unless the person is a repeat offender or a dangerous individual. Someone with a discharge, arrest record or dropped charges should not have to worry to cross the border. Obviously, you know this but you don't want to admit it. You like the system because the more waivers you make the better it is for you, as you mention you feed your children. Also, the whole system is a money grab.

I just have a question to ask, do you declare your waiver earnings? I believe you have a company but what exactly do you charge your clients is a mystery to me. I don't believe you declare all of what you charge.

I believe people are knowledgeable enough to do their own waivers by declaring everything they can to strengthen their application.

Now let's focus on providing useful information and stop the personal attacks towards one other.

@Samuel, I just re-read your post and deleted my previous comments, as I missed that fact you were stopped on an overstay.

I really can't answer your question, as I have not done any waivers for your ethnic group.

So far, any of my clients that have been denied their waiver, is not due to racial, it is due to the fact that they did not pass their "Review Panel Assessment".

see the article below about Marijuana and bringing it into the United States.

https://www.huffingtonpost.ca/2018/03/27/canada-us-border-pot_a_23396359/?ncid=fcbklnkcahpmg00000001

“And since that doesn't change, he says there's no need for American border officials to tighten screening for Canadians coming into their country.

It becomes an issue if you make it one, but there's no need to make it one because the border rules have not changed.
That said, Goodale concedes recreational use of cannabis remains a criminal offence under American federal law — although more than two dozen states have legalized or decriminalized it — and it's the federal U.S. government that controls the rules governing border crossings.

And he acknowledges that the American government has the sovereign right to decide who is allowed to enter the country.

Still, he expresses confidence that continuous dialogue with Homeland Security and U.S. border officials will minimize any potential problems.”

If you just read this, without KNOWING what is going on, you might think its smart to include your "medical marijuana licence" with your waiver papers. or even to TELL Homeland Security that you have a licence. I mean...here is an article with Ralph Goodale SAYING its ok....right?

You would be wrong. I know people preach being "honest and transparent" with Homeland Security, but in my experience, only with things they already know about.

Have a drug conviction? In your letter admit you used it. Have a drug test and note from your doctor showing you NO LONGER use it. SAY in your letter that YOU NO LONGER USE IT.

I get people who have done the opposite, on their own, or with other organizations, and have been denied. Its very hard to fix once you have admitted you still use pot in writing to Homeland Security.

Remember when HatsBootsHats said "always be honest with Homeland Security?" I would not take that advice. Its advice based on "if we just tell the truth and trust in government, everything will turn out ok". This does not apply to Homeland Security. Do what is best for YOU.

Samuel

Although black people have always had their own issue with Homeland Security I find males fitting more the stereotype from the middle east as 'muslim' are getting most of the negative attention.

I have quite a few black clients but they may feel somewhat "used" to discrimination because they probably feel it in their everyday lives, so maybe the border is "no different" to them. Since 2012 Pardons have been rejected ESPECIALLY from black clients with alarming frequency. This coincides with the parole board wanting to see picture ID, something I argued would lead to more discrimination, and a card I play EVERY time I feel a client is being singled out. The Conservatives appointed some pardon officers who I find are VERY biased, one Mark Hummel I have complained about constantly as showing a habit of denying every application he can. He is a Conservative party donor, a lawyer from St Catherines who seems to think no one deserves a second chance. He was appointed by Stephen Harper. Anytime I get a pardon from him denied, I make it my personal mission to win on appeal, and I get my hands on every document I can to make sure it gets overturned. I have also posted on sites that rate lawyers about him to make sure when he tries to go back to private practice that people know what he has done, and clients know up front that hes a right win ideologue.

By the way, if you have a criminal record in Canada and vote Conservative, your a complete and utter idiot. These people have done everything they can to make people with a criminal records lives miserable. The things they have done to pardon clients is unethical and borderline criminal. They breached the charter rights of 2 million Canadians in 2012 and the Liberals are taking their sweet time in correcting it.

JakeD Before you could put "business and pleasure" on your application, but now they ant you to be specific about which visa you may try and obtain in 5 years your waiver is going to be valid for.

HatsBootsHats you are simply a guy who trolls a lot of sites, and cuts and pastes. You know more than the average person, but I am constantly pointing out your mistakes and the information you leave out. Much of your advice is redundant, and has been covered here before. Your answers are overly long and speculative, with a lot of musing about the criminal justice system, and a lot of it is NOT based on facts. None of it is based on experience. Look at my posts on a subject. Accurate, with specific numbers, statistics, amounts and when forms are involved, I am VERY accurate and specific. When you were talking about the waiver application requirements, you missed 4 secondary forms, and you gave the impression a drug test is not mandatory for all drug convictions. People on this forum want a 5 year waiver, nothing else. ALL requirements have a role in getting the longest waiver possible. Your simply going by what Homeland Security is saying. Their information is not to help THE CLIENT. They want as much information for THIER purposes. My job is to make sure the client gets a 5 year waiver. To ensure no stone is unturned, to make sure every detail is accounted for. I stake my reputation, and the ability to feed my children on this. I am ACCOUNTABLE.

You risk nothing, with no repercussions, because no one knows who you are, or WHERE you are. You could WORK for Homeland Security for all we know. You pretend like you are letting some Genie out of the bottle, but if you look on this forum, you will see that I freely give out accurate information, including ALL the requirements for a waiver for those who do it on their own, and have been before you showed up. Look it up. Its all there. Apparently now I have to fact check all your SECOND hand information, because you are prone to posting anything you find on any website. This obsession you have with 3 and 10 year waivers, something you CONSTANTLY mention, is a perfect example.

When you say something accurate, I give you full credit for it, as I have above. The idea is that everyone get as much information as they can, and its accurate. You simply are allowing me to show the difference between "research" and "real experience".

See the stuff I post about the Parole Board? Using real names of officers? See statistics I post like 8.9% of Canadians have a criminal records? That Conservatives are douchebags? Thats all accurate and researched, not idle speculation. I use real dates. I talk to real people who have gotten waivers, need waivers, are considering applying for waivers, and have done waivers, every single day. Thats how I know what REALLY happens at the border. For 2 years I say for 5 to 6 hours EVERY Saturday morning at Pearson Airport, talking to clients who were NOT mine, 30-60 at a time, about waivers. I know what other companies do, I know what they say, I know what they sell. Much if it is not very good.

My work is good. I put the time and effort in and I give an honest effort. Its not magic. Its a service. Period.

Canadian citizen here. New to this forum as I came upon it by accident.

I’m a Black Canadian and got stopped on an overstay in secondary and was given a bar.

Having spent a significant amount of time in America I know that the racist pathology of that country is acute. This has become much more prevalent and in-your-face in the last couple of years with Trump in office. Taking into account his anti-immigration policies I’d like to see if anyone has any experience with seeing people of colour (Canadians) being denied waivers more often than other people.

I’ve always had problems at the border with American customs which I attribute to just the way Black people are generally treated in America.

I will note that I’m have absolutely NO CRIMINAL HISTORY AT ALL. That being said then it becomes clear I shouldn’t be flagged for anything relating to that.

I’m guessing it’s just good old racist profiling.

Are any of the professionals or random people seeing anything with this where waivers are concerned?

@Jake D

I would like to point out that people should be wary about these so called professionals. I am not a lawyer or someone that does waivers and I have frequently stated that I am not. Information I provide is very informative, educational and discretionary. I am not here to take nobody's money nor do I make false promises. Beware of people promising you false hopes.

A true professional who does waivers would not come on this forum arguing with other posters that they know everything.

A lot of people need help applying for visas or waivers however the information is available everywhere for anyone to see. The US immigration law, INA-212 is available through US government websites as are all visas and waiver forms. You can do your own visas and waivers. If you need help than consult a professional.

I have given way too much information and I am afraid this may have hurt the business of these so called professionals on this website.

You should apply as a Canadian for the I-192 because it's only 585$ US. It is more money for non Canadians and they don't accept applications of non Canadians at US port of entries. Second of all, it is best you state you have two nationalities on any form you fill out. The best thing to do is to show you have an attachment to Canada. The US government does not like non Americans working in the US without proper papers and people trying to circumvent dual citizenship.

JOHN ROGERS

Thanks for your input once again.

Can you expound on exactly what you mean here:

“...you should put all potential O-1 or E-2 visas. They have tightened this up in the past year.”

Secondly...
In no way would I be trying to circumvent suspicion via "dual citizenship". I'm Canadian by birth and live in Canada but am British by descent. I was just curious if it had any kind of bearing in a positive or negative way.

Once again thank you for your input and analysis.

As was pointed out before, (one of the things HatsBootsHats was correct about) on the waiver application you should put all potential O-1 or E-2 visas. They have tightened this up in the past year. I have a handful of clients who have done this and never noticed any difference in processing. It wouldn't make any sense that the request would impact the application.

Having dual citizenship is only a factor if Homeland Security believes you are picking and choosing which to present yourself as to circumvent suspicion or a secondary inspection. For example, getting a waiver as a Canadian citizen but then presenting yourself a British citizen and not informing them you are a waiver applicant would be been as an attempt to avoid secondary scrutiny.

Ken Scott, are you a dual citizen? You were at one point a citizen of the U.K correct? Are you still? Can you add insight?

JOHN ROGERS

I'll put the question to you directly here:

Does me indicating on my waiver that I wish to apply for an O-1 or E-2 visa help or hinder my waiver application in any way as per your experience?

In addition since I'm a Canadian citizen and a British citizen does that have any kind of bearing (positive and/or negative) on my waiver application?

I think Michelle is making a great point. Having dealt with many other services, lawyers etc, I can tell you that Michelle is very honest. I dealt with a potential client in Saskatchewan and he was nervous because he had a bad experience trying an application online. I had no problem referring him to Michelle knowing he would be treated well. She has an excellent reputation.

Hi All, My name is Michelle and I own and run FPS Fingerprint Pardon Services, and would like to point out a few things. , John Rogers, myself, and Ken Scott offer a professional service based on our expertise and background. And yes, we each run a business that charges a fee to assist you. We are "experts" in our field, based on our experience, knowledge and background.

Most of you have come onto this page, asking for free advise which has been provided by several "experts" in the field. Keep in mind this advise is taking time away from paying clients, and insulting those that are providing that service is not appreciated.

I wish to point out there is an extreme amount of "right" and "wrong" information on the Internet regarding Travel Waivers, I-192, I-212, ect. If you are not experienced in them, please do not offer advise.

However, advising based on your own experience, is fine, and you should state that clearly. What happened to you or your "friends" application or circumstance is unique and cannot be compared to each other or anyone else.

US Customs deals with each person differently, depending on all sorts of circumstances. The advise you are getting from the experts is based on their overall experience, and ability to assist you.

For Example: First Nations People with Treaty cards, - They go by entirely different set of rules when traveling to the USA, I deal with them in a completely different way than someone who has a fraud charge for a gambling debt.

While there are some written guidelines on the US Customs Sites, there are a hundred more "unwritten" rules.

Instead of continuing to question the advise you are getting. I suggest that you start researching the companies and people offering it.. Check out their websites, how long have they been in business? google reviews, BBB reviews, costs and services they provide, do they provide written guarantees? What's their background? Also, ask friends, I bet you will be surprised to find out who has a Travel Waiver in your circle of acquaintances. I know that my business is 90% referrals.

Then ask your self what are you willing to pay? how long are you willing to wait? Or do it yourself..there is nothing written that you can't do the process yourself. Keep in mind, just because you hire a lawyer, doesn't mean anything. Ask them too what their experience is in USA Travel Waivers. Most of the lawyers in my town, send people to me... I believe there has been enough "free" advise given out and it is time to make your decision on who or what you are going to do moving forward.

I think it would be greatly appreciated when you make that decision to keep everyone informed about the process you are going through...Good luck...

HatsBootsHats

“You may hear of I-92 or I-94. A lot of people are misinformed about the name. John Rogers tried to correct me but essentially he just repeated what I had said earlier.”

No, I corrected you. You said one thing but meant another. Again, you APPLY using an 1-192 FORM. If your going to throw around these names, know EXACTLY what they mean.

“For US citizenship or green card (US permanent resident), you need an I-601. Once you have an I-601, you could apply for any Visa as well.

4) I-601 or I-601A (somewhat permanent solution)

You could apply for an I-601, considered a permanent fix to entering the US.

This waiver could be filled by people with 3 or 10 year BANs. People with criminal convictions involving moral turpitude can also apply but they must be deemed rehabilitated and 15 years must have passed since the event occurred.”

This is not how an I-601 works. When you file for a Green Card (lets say a K-1), they will get ao portion where they check you for inadmissibility. When they see you are inadmissible, they then REQUEST the I-601. You are making it seem like one could simply file an I-601 arbitrarily. Your cutting and pasting a lot of information, but you have no practical experience in how much of it is applied. Your going to have people thinking they can just fill out an I-601 and present it at the border. It doesn't work like that.

“so the I-601 is your best bet for a temporary solution.”

This above statement is not even close to being correct.

For example, no one here is going to have experienced a "3 year ban". 5, 10 and 20 year bans are common. You simply got it form the website and now wield it like you went to graduate school.

I know your trying to be helpful, but stick to things you are sure of, or at least point out what you are simply cutting and pasting. As you said, you are helping ONE person with something and you have done research. Point out what you KNOW, and what you have READ. And where you got the information.

Your giving a lot of advice, but again, if you tell someone the wrong thing, even by mistake, you could cost them time and money, with no accountability. I know your not TRYING to mislead anyone, but its careless to give advice without explaining where you got the information. Your not even taking ownership for your mistakes when I clearly point them out. Sloppy and careless. Notice people who do their own waivers mention what they have actually DONE or EXPERIENCED or "what they heard".

That other forum, which has some great information on VISA's , has very little on waivers. I got into a debate with an American student, who insists since there is nothing "IN LAW" that stops a banned person from just going when their ban is up, Canadians should just go to the border and make a big stink if they aren't permitted to enter. I explained that's not the REALITY, and her response is that everyone should get a lawyer and make it a Constitutional challenge.

Your list of what constitutes a waiver was incomplete, and worse, you missed the 4 forms that go with ANY application you make with Homeland Security. If someone had followed your advice and gone strictly with what you said, they possibly would have driven a few hours to find out that they were missing the G325A. You still haven't addressed why you didn't mention it.

“Beware of discount waiver companies. My best bet would be to consult a US immigration lawyer that will be able to look at your case and give you advise. He can tell you if you need an I-212 or successfully get you an I-601. Also, remember lawyers are not miracle workers. Lawyers are also charlatans of their own charging a lot.”

Why are you talking about "discount waiver companies? " Your quoting Ken Scott now? Telling Canadians to "consult a US Immigration Lawyer" just shows how little you know. If a US Immigration lawyer rips you off, how are you going to get your money back? A US Immigration lawyer is not subject to the same consumer laws as the person they are representing. More importantly, they are Americans in a country you cannot even visit charging US funds. A Canadian who is an expert , lawyer or not, gives you consumer protection.

When it comes to waivers, your main issue with me is I call out your mistakes and you like to show off how smart you are, and I bet you like to brag how your not using a lawyer for your fiance. Good for you. But like it or not, I am an EXPERT. You are someone POSING to be. Like I told Ken, saying something stupid like"discount waiver company" is ridiculous when I charge similar to other companies that do this. I just do it better, faster, and am more honest. Point out a single place where I have been wrong, or misled anyone. Many on this forum have called me, and I have always given my best advice for free. No vague promises or pretending permanent solutions. And I am nothing like Ken Scott. If you can't see that, then stop patting yourself on the back about how clever you are, and re-read these posts.

You give some good advice, but you show that a lot of what you "know" is just cut and pasted. Not all of it actually is applicable.

One other question I’d like to put to the forum here:

Does having citizenship for more than one country have ANY bearing (negative and/or positive) on waiver applications?

Anybody with any experience with that here?

I’m a Canadian citizen and a British citizen.

HatsBootsHats

Once again thanks for the input.

0-1 visas are relatively easy to get and one doesn’t have to rise to the heights of a Justin Bieber to be granted one. I have been advised, as an artist, that that is one viable path open to me.

As for E-2 visas conventional wisdom is that one should have an investment of $100 + thousand. I had a terrible immigration attorney years ago who steered me down the wrong path where that was concerned.

Anyway I’ve been advised that with an investment of $30k or even possibly less I can get an E-2 as I wish to set up a production company in LA.

Whether it bolsters my application for a waiver I guess is to be seen.

As for character letters I have no problem obtaining those from very well thought of sources.

As you say... with money...this is all relative as to what constitutes “a lot of money”...anything is possible in America (unless you’re Conrad Black whom I’m assuming isn’t getting back into America anytime soon - but perhaps he has already)

@Jake D

On the I-192 waiver form, you can state the reason as to why you want a waiver. That reason would be either work or pleasure. In your case, you indicate both. On the I-192 approved waiver, it must indicate wether you are approved for a temporary stay in the US for work, business or pleasure in order to apply for any of those visas you mentioned. If you're only approved for pleasure you cannot apply for any work or investor visas. Indicating you want a visa in the future on your I-192 does not really strengthen your chances of getting a waiver.

What strengthens your application is time, the character letters you provide and your personal written statement showing remorse.

O-1 visas are generally granted for people with exceptional abilities in arts, education or music. E-1 visas are granted for investors with huge sums to invest in the US and must be renewed every two years. I believe Justin Bieber has an O-1 visa but I don't find anything exceptional about him. I don't know how strong your background is or if you have a lot of money. One thing is for sure if you have money, anything is possible. I am talking about the US off course.

HATS BOOTS HATS

Thanks for your response. Appreciate it.

I guess I should’ve been a little more clear and specific with my inquiry.

What I was trying to get at was that if I INDICATED in my waiver application that I wished to apply for an O-1 or E-2 visa as a REASON for acquiring a waiver (rather than just wanting to go on a vacation or visiting friends in America for example) and since those 2 visas are specifically non-immigrant visas would you surmise that would strengthen my waiver application or would you think it’s immaterial to Homeland Security?

Thanks for any analysis/discussion/input anybody here wishes to put forth.

@Jake D

Refer to topic 3 on comment #914

You cannot apply for any US Visa without a valid waiver that lifts your US inadmissability. You need a valid temporary waiver I-192 or a permanent waiver I-601 before you can apply for any US visa.

Thanks HATS.

What you are saying is in line with what John was suggesting --- 5 years post conviction and it's pretty much a guarantee for a waiver, prior to that is a crap shoot.

My business relies on my ability to get to the US for some training 2 to 3 times per year that's simply not offered in Canada. In my case, even though it will cost more, I'm less concerned about getting 1 year waivers at the start, and more concerned about building a strong packet and trying before the 5 years and taking my chances.

Hopefully the many reference letters, and even a support letter from the original victim will go along way to open the door.

I will keep watching what everyone posts, and when I eventually do put in my packet (with whomever I work with, right now leaning heavily to someone on this board) I will post my timelines and experiences here.