Question for ANYBODY on here.

If I were to apply for an O-1 or E-2 visa does this look favorable in also applying for a waiver?

HATS BOOTS HATS

Thank you for your input and in-depth reply and analysis.

Should you come across anything that leads you to believe that waivers are being granted for overstay bans (prior to the ban being fully over) please keep us apprised here.

Much thanks.

@JOHN ROGERS

Thank you for your attention and input.

It really pains me to think I will have to wait another 6 years. I have a 96 year old aunt in NYC I’d really love to see.

Please keep us up to date and what you’re seeing with bans for overstays and whether you’re seeing waivers being granted before said ban is completely over.

Much appreciated.

@Jake D

I believe your chances of entering the US in the near future are pretty slim. This doesn't mean that you won't be able to after a few years. There are certain things you could do in the future.

@Jazzsax

The system is unfair. The laws are clear but misinterpretation happens often. Laws are not enforced correctly by different government agencies. Officials often get directives by newer administrations influencing immigration decisions. In that sense, the system is not impartial and people are discriminated.

I will attempt to summarize and provide answers to your questions below:

1) I-192, waiver for Canadians with an overstay or criminal inadmissibility (temporary solution)

The U.S. waiver form 1-192, also known as advanced permission to enter the US as a non - immigrant, is a temporary solution for people who are inadmissible in the US for overstays, BANs or criminal history.

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.

Jake D., under previous administrations, it was easier to get this waiver when the BAN was still in force but with the current administration looking to tighten US immigration laws, I wouldn't try applying until your BAN is over. It is your money after all. Normally with 10 year BANs, people would get a waiver mid BAN years, meaning 5 years after the 10 year BAN was imposed. Now, the laws are being strictly enforced and it seems people must wait till the BAN is over.

If you were deported or removed from the US and given a BAN, you will also need an I-212 to enter once again while your BAN is active. More on that later.

You could wait another year and at six years in try your luck with the I-192. However, I wouldn't do it as your chances being approved are pretty slim at the moment. Maybe in a few years, a new administration may become more lenient again.

I-192s are good for a few years and must be renewed. They range between 6 months to 5 years. The more time has passed since said crime or immigration violation was committed, the more chances of getting a five year waiver. In 2017, 5 year waivers were granted for first time applications because of backlogs. Under the current administration, there's seem to be a reversal again and first time 5 year waivers are becoming rare.

For criminal convictions, it is always best to wait 5 years after your sentencing conditions are finished before applying, meaning all fines, probation, counselling and jail time must be paid or completed. You could technically apply before this and hope for the best. Generally, 5 years after your conviction date will get you an approved waiver for a year at most for first time applicants.

You will always need an I-192 waiver to re-enter the US after your BAN expires, unless you apply for an I-601. Beware of people promising you permanent solutions.

2) What is the I-94?

Once you have a US I-192 waiver approved, some by land US ports of entry will attach an I-94 card into your canadian passport. It's 6$ US and valid up to six months. It is a method for CBP to register your stays (exit and entry dates). After six months, the card must be returned and could be returned to the canadian border officials (CBSA) if CBP agrees. By air, same thing applies as CBP agents stamp your passport with the I-94 and indicate until when you could stay in the country. It is issued automatically for foreign travellers in any US airport.

3) US Inadmissability!!! How to get a US Visa for work, business or a green card (US permanent status).

In order to apply for any US visa (K-1 or H-1B for example) or green card, you must have a valid US waiver to lift your inadmissibility. No approved waiver means no visa. Off course, admissible Canadians don't need a waiver to get a US Visa.

In most cases, you could get a US work visa with an I-192. However, your I-192 must be renewed after it expires. Your work visa must also be renewed after said time. I-192s are not technically renewed since each time you re-apply, it's like you start from scratch.

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.

You cannot apply for this waiver if you re-entered the US illegally and stayed more than one year in the country after you were given a BAN or deported initially.

There are other conditions as well which I would list in the future.

Lately, these waivers are not granted easily and you must demonstrate a compassionate or humanatarian reason to enter the US. One such reason would be like a dying loved one in the US that an inadmissible person must see, a spouse or child that will suffer extreme hardship if an inadmissible person is not there amongst others.

An I-601A is the same as an 1-601, only that an inadmissable relative of a US citizen can apply for it: a child of a US citizen for example.

I-601s were granted more easily in the past but newer administrations keep adding more restrictions making them difficult to obtain that are not necesseraly found in the INA-212, US immigration law.

You could technically apply for this waiver while you still have a US BAN. Remember the following however. Each administration sets up guidelines for immigration officials to follow. The whole system as you probably realized now is not impartial. I-601 are granted on a discretionary level.

5) I-212, deportation or removal proceedings from the US.

People who have been removed from the US or deported must apply for the I-212. This means anyone who was handed a 5, 10, 20 year or permanent bar. They will need to apply for this waiver to regain entry to the US during the BAN is still in force.

In your case, you were handed a 10 year BAN for an overstay, so you don't need this waiver. You are bound by the 3/10 year ban overstay rule, so the I-601 is your best bet for a temporary solution. However, your case is more complicated as you mentioned that you were given the BAN as you tried to re-enter the US, so you might need to apply for an I-212 after all. After your BAN has expired, you will no longer need an I-212.

-----------------

As stated earlier, DUIs (alcohol related only), general assault and dangerous driving don't make you inadmissible to the US. No need for I-192 or I-601. Off course, most people who apply for an I-192 waiver with such convictions will get a letter attesting they are admissible, this is what people refer to as September Letter.

I hope I was able to clear things a little better for you.

I am sure these so called experts a.k.a John Rogers, Ken Scott on this forum can easily take your file and promise you permanent fixes. Beware of that. I-212 or I-601s are hard to get presently.

Unfortunately, I am not a lawyer nor a person that does waivers. I did my own research as I currently have a significant other who is stuck in this bureaucratic mess and is scarred of travelling to the US. Incident happened years ago with all but one charge being discharged and the others dropped. We have looked into ways at getting a permanent fix.

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 succesfully get you an I-601. Also, remember lawyers are not miracle workers. Lawyers are also charlatans of their own charging a lot.

I hope the very best for you Jazzsax and Jake D.

Any success stories of people getting an I-601 would be welcomed.

LOL... all anybody has to do is look up Ken Scott and Facebook and anybody with half a brain would know he is full of shit.

He looks like the ultimate criminal with his fat good chain hanging out. K Scott, are you even allowed in the States? I highly doubt it. You look like you came straight out of jail.

Agreed. Personally I don't have the time to deal with the waiver myself --- I would prefer to pay a little bit extra to someone else to do it --- to make sure I cover everything needed with the best chance of success.

So again --- so far I've heard 3 different ranges of likelyhood above. So far the only person who has given me advice has been John.

Ken Scott. You have been given some good advice here. Sometimes we all have to listen to feedback. Jazzsax was on here before asking questions, look him up. btcman may have posted on here before as well. Nothing to do with me. But read the comments you make, you get completely carried away at times. I don't think you see it.

And the forum is BETTER with dissenting views. Maybe a little less solicitation, since most people want to do the waiver themselves, but having more than 1 or 2 voices does help make people make better decisions. I can certainly make mistakes, as can anyone.

Maybe we can stick to waiver info, and focus less on trying to appear smarter than the other. I think the forum would appreciate that.

Jake D

My advice is if you cannot wait the 10 years, then at least wait the 5 years. That gives you a chance. I can only tell you what i see, but they are not as lenient under Trump as they were under Obama (especially the latter part of his Presidency.)

I try and deal with absolutes because its your money we are spending.

10 Years id for sure (ban is over)
5 years after is maybe (at best)

Since April/May I have done far less waivers for people with bans as I usually advise them to wait, but I do have a couple ongoing. I can let you know what happens with them.

Ok folks there’s a WHOLE lot of mess being said on this forum.

@HATS BOOTS HATS

So you’re basically saying I have to wait until my 10 year ban is COMPLETELY done for an overstay???

I’m 4 years in and really wish not to wait another 6.

What gives?

Also if I apply for an O-1 visa or E-2 during this ban period and try to tether that to a waiver does that make my case more favourable?

Anybody feel free to address the above.

Thanks in advance.

Yawn John...you don't have to make fake accounts..lol Anyway, I have always said I do not debate anyone on a forum. If anyone wants info then they can either call us or visit the Surrey office. Processing times vary with each case. Overstay cases have special issues with them. Does not make sense in debating here on a forum where anyone can make fake accounts. It is a waste of everyone's time. So call, email or come in. It is not rocket science.

btw thank you btcman for the compliment.

604 332-9213
info@deniedentrytousa.com

K Scott is a scumbag.

So basically with all of the messes of responses here, if I were to take the info that various people are posting, then I have multiple scenarios.

Some are saying 5 years from last interaction (ie, end of probation).
Some are saying 5 years from conviction.
Some are saying even longer.
Some (John) have stated 5 years and up from conviction is fine, but you can try at 3 and roll the dice.

Makes it really hard for many of us here to make our mind up if we want to apply for a waiver. In my case I have business reasons to be visiting the US. I had a fraud conviction. House arrest, plus 3 years probation. My P.O thought everything was stupid, he's waived all my reporting conditions. Part way through probation.

So I'm either 6 months away from applying for a waiver (with a 50/50 chance) --- or 7.5 years depending who you talk to.

I have shitloads (pardon my french) character witnesses, rehabilitation, etc (even a judge varying my sentence order which is rarely done for my kind of convinction (fraud)) to loosen things for business reasons (ie, helping meet another condition, restitution).

I agree with John... Ken instead of complaining about John, just point out the facts. If you say he's wrong, back it up. Would help some of us believe you.

I haven't put in my paperwork but John has been upfront me with me so far about options / challenges. I hope everyone else would be the same.

yes this is a business, but this is also peoples lives / freedom you are all helping deal with here.

Yes, you don't want to address the mess above. Smart. First smart thing you have said. Keep saying smart things and you will be fine.

Now John I actually like that nickname Ken Trump Scott...all jokes aside lol and I thank you for it.I think I will start using it now when we correspond. I really do like it..lol I have one for you as well.. It is Sassy Pants...I am unsure whether it will be Mr, Ms or X since I am unsure which gender you identify with since Canda has 3 now. I just don't want to offend you. I identify as Mr. Ken Trump Scott just fyi

Btw I do agree that you seem to be lacking knowledge regarding border crossing issues. We can sit here and split hairs all day...People need help with border issues here and are not interested in your temper tantrums.

Btw thanks for your compliment in the other room(about CBP at Pearson) of calling me a douche. It is not the first time and you are the first bloke that has ever said it. Birds have said that before but never a bloke. :)

However, put this nonsense aside and focus on answering the questions here. Please try to ensure that you use accurate information though. smh

“The most important part of any waiver application is ensuring that a proper packet is prepared showing that you are deserving of a favourable decision. So John if court documents are the most important part of a waiver application....then what about the waiver cases where there was no court file issued? Like what about an overstay?”

Ken Scott. You do waivers correct? People are paying you for a certain "attention to detail", correct? Look at the quote above.

You are saying that "so John if court documents are the most important part of the waiver application..." Yey Ken, you idiot, thats what HatBootHats said. I REFUTED that. HatsBootsHats said court documents are the most important part...you know the guy you said:

" Either way, I admire his level of knowledge which is clearly light years ahead of yours. I have an idea whom he might actually be."

In other words, you either have poor reading comprehension, and AGREE that court documents are the most important part, so disagree with me, or you AGREE with me, Court Documents are NOT that important, and disagree with him. Which is it? It doesn't matter, because you will make a new discussion and ignore your horrific stupid gaffe. Your DOnald Trump. Fake facts, making shit up on the fly and ignoring what you already said. Ken "Trump" Scott. Congratulations you have a new nickname.

Btw John...if they are indeed calling you from Vancouver(which I doubt), then they are not the kind of clients that we are seeking anyway since they are more interested in a discount waiver company. Plus, you don't know how many Mississauga and Brampton clients we have anyway ..lol

John Rogers my new name is parrot since I am always repeating myself to you. Again, you should focus on the people instead. You are wrong again as usual. The most important part of any waiver application is ensuring that a proper packet is prepared showing that you are deserving of a favourable decision. So John if court documents are the most important part of a waiver application....then what about the waiver cases where there was no court file issued? Like what about an overstay?

This is what I mean about the dangers of Discount Waiver Companies. Plus John...I not gonna give ya anything that gonna enhance your low level of knowledge.

You are showing the group your true character John by fighting and trying to shove your opinion down the throats of others. You do not talk to clients or even potential clients that way. This is why I sit back and laugh...watching you make an arse of yourself in the forum and also in the other rooms too...including our Facebook Group. You are only destroying yourself and inadvertently helping me with a special project that I am preparing for an announcement in April. ...which people will find fascinating.

Plus, you should really leave HATS BOOTS HATS alone. For all you know he may already be in the waiver business himself or an immigration lawyer. Either way, I admire his level of knowledge which is clearly light years ahead of yours. I have an idea whom he might actually be. You are really desperate for business for you to

“Ken Scott. So what is the fee for a Landed Immigrant to do a Waiver? It doesn't vary. What is the fee for a Canadian Landed Immigrant?

The information is available online and its very specific.”

You constantly do this. You saying something inaccurate, then we ask you to prove it, and you hope the comment gets forgotten.

I think people are starting to see the difference here. Ask me ANY question, you get an answer. A specific answer.

Ask Ken a question, he makes something up. If called on it...he then answers with "come on my internet show". LOL

Ken, no one is taking the time to listen to your podcast. Your pretending to be an expert, ok be an expert. If you REFUTE someone else, then show specifics. No one is going to trust anyone vague and evasive.

Any question, I will give a specific answer. And I will stand by my answer.

Kevin: The most important part of the application is court documents. NO. You are wrong because you obviously do not even realize what is IN a court document. Basic principle is unless the offence is "different" than file the waiver, and send away for the court documents "just in case". I keep statistics, and its literally 1 in 12 cases they ask for court documents. So in 11 out of 12 cases, the file is processed with NO court documents. If you saw what was ON the court documents, you would realize why it is a waste of time.

5 years is all thats required. Murders and sexually based crimes are not getting waivers, so 5 years is it. 8, 9 10...it doesn't matter. Again, I DO waivers, so I HAVE to know this. 8-9 years for "serious offences" is not required. Again, most offences in Canada are MINOR.

HATsBOOTSHats the worst part of your ramblings is that you sprinkle some truth in your rambling diatribe.

“To get a US waiver, you must wait 15 years generally after you have completed your sentencing conditions. This means the 15 years start after the date you completed your probation, therapy, counselling or jail time and paid your fine. US officials do realize many Canadians travel to the US, so they are flexible with the 15 year requirement and only ask for a crime free period of 5 years after your sentencing date. The same goes with BANs. You must wait till the BAN is over. You must realize that tourism is a quite important revenue generating industry.”

This statement is completely false. And more stupidly, Homeland Security, formed in the aftermath of 9/11, cares little about tourism.

“You must complete the I-94 form and also attach a personal letter explaining why you committed the offences and how you are now rehabilitated. You also need a proof of your current employment and some character reference letters (max 3) from trustworthy people. Small amounts of marijuana possession do not generarilly require a medical assessment but sometimes Homeland Security may ask for one.”

Wrong. 2 letters of reference and COMMON SENSE dictates that ANY marijuana conviction requires a letter form a doctor or drug test....especially now with our relaxed drug laws and the decriminalization efforts happening in certain states like Colorodo. Also its not an 1-94 form. You apply with an 8 page 1-192 form (in duplicate) to get the waiver. I-94 is a border crossing card or departure record. What happened to the 4 copies f the G325A? Must use the 2017 edition, and it must have 4 copies.

“You can get advanced permission to enter the US if you have a BAN, what we call an I-192. These are hard to get. They are based on humanitarian and compassionate grounds. This means, if you have a dying loved one in the US, you may be given the right to see them. If your waiver is rejected, you can appeal with an I-601. However, appeals are also not granted easily.”

This is wrong. "Advance permission" IS a waiver. Ironically you talk about the correct WAIVER form here. You are wrong because you are talking about a Port Parole. A Port Parole is given on compassionate grounds. Before Trump? I had a client who got one to see an AC/DC concert. After Trump? The Port Director tells everyone on the phone when he rejects you, "only for a person who needs urgent care, or a relative who is dying with proof, or maybe a funeral". We have a client who has had 4 Port Paroles now, in about 2 months, for experimental cancer treatment. Sadly, he is getting worse while the waiver is very slow right now. They keep claiming this is the last one, but they keep giving him new ones, thank god. By the way, this is filed through email, not on a form. I know this because I am a professional, not some guy making crap up in a forum.

You quote "I-601" when in fact that is a form used to get inadmissibility "permanently waived" when you are filing a green card. Its not a loophole by the way. I have done K-1 visas myself where the person is on the waiver program. When almost approved, they have to file an I-601 and when the green card is issued, they no longer file waivers, because of course, they permanently live in the United States. Not a loophole. Simply another process.

HatBootsHats its great to give advice and write long winded opinion pieces about how fair or unfair the system is. But when you make shit up, or don't check where you get your information, you can cause a lot of damage. And someone like me, who can see how wrong you are, has to spend time correcting you and making sure the people on the forum don't make mistakes. Because if people screw up their waiver on YOUR advice, there are no consequences. You open another account and blab on in another forum.

When I give advice, my name, my business, my cell phone, my address where I work are all attached to it. I stand by what I say, I am accurate, and I am SPECIFIC. I feed my children in this way, so I can't risk making off the cuff or ridiculous claims. When people call me at 10 pm at night, I actually ANSWER the phone. I am accountable. You are not.

Please fact check and be accurate, sometimes people JOBS and ability to see relatives DEPENDS on accuracy.

@ JAKE D

The most important thing to do is to wait for the ban to be over. You won't get a waiver until the ban has expired. It's not about who is the current US president. People get denied entry into foreign countries for all sorts of reasons. Each country makes its own rules and we all need to follow them. Sometimes, we don't and we have lifelong consequences. A minor involvement in a foreign country with authorities can get us in deep trouble. People seem to take for granted that certain rights we have here as citizens also apply to all other countries. Fact is, you are a guest in a foreign country and you are not protected by our charter of rights and freedoms.

More often than not, border officials lack judgement as do police. Laws are enforced or interpreted incorrectly and we have to go through a huge bureaucratic mess set up by elected officials who are clueless to get us out.

You don't need to listen to these so called experts like John Rogers or Ken Scott as they will promise things which may turn out not to be true. They have been insulting each other on this forum and it is quite amusing to say the least.

September letters do not work for US overstays. They are mostly given to Canadians with charges or offences that are considered non-excludeable for inadmissibily purposes by US immigration law. The term September letter is also wrong since no such document exists in reality. It is a term invented by individuals to name an official US document which states that a said person does not require a US waiver. The most common non-excludeable offences are DUI (alcohol not drug related) or common assault. There is also the petty exception rule which means your excludeable offence did not result to more than six months imprisonment and the maximum sentence you could get for said offence is no more than 12 months imprisonment on US soil. Juvenile delinquency also does not require a waiver meaning if said offences were committed under the age of 18 and if you were paroled before the age of 23, you are no longer inadmissible. Also, if you were convicted for 2 or more non-excludeable offences that resulted to imprisonment of 5 years or more, than you need a waiver.

To get a US waiver, you must wait 15 years generally after you have completed your sentencing conditions. This means the 15 years start after the date you completed your probation, therapy, counselling or jail time and paid your fine. US officials do realize many Canadians travel to the US, so they are flexible with the 15 year requirement and only ask for a crime free period of 5 years after your sentencing date. The same goes with BANs. You must wait till the BAN is over. You must realize that tourism is a quite important revenue generating industry.

Minor offences will get you a waiver. Murder and major aggravated violent offences will never get you a waiver. Sexual or drug offences might get you a waiver but a medical assessment will be required by a medical professional to examine your risk of re-offending.

Getting a waiver requires fingerprints from the RCMP to verify your canadian criminal record. Another set of fingerprints will be done by the US border official. You also need proof of your canadian citizenship. A copy of your passport will suffice. If you have a canadian criminal record, you must attach a copy of the official court documents explaining the outcome of each charge. As stated above any drug or sexual convictions will need a medical document stating you are not at risk of re-offending. You must complete the I-94 form and also attach a personal letter explaining why you committed the offences and how you are now rehabilitated. You also need a proof of your current employment and some character reference letters (max 3) from trustworthy people. Small amounts of marijuana possession do not generarilly require a medical assessment but sometimes Homeland Security may ask for one.

It now seems that people with minor offences are getting 5 year waivers with their first application. More serious crimes will get a 1 year waiver at first. It really depends on the US bureaucrat working on your file and the strength of your application.

You can get advanced permission to enter the US if you have a BAN, what we call an I-192. These are hard to get. They are based on humanitarian and compassionate grounds. This means, if you have a dying loved one in the US, you may be given the right to see them. If your waiver is rejected, you can appeal with an I-601. However, appeals are also not granted easily.

A BAN means you will have to apply for a waiver for the rest of your life once the BAN is finished but some people are able to get a green card afterwards, therefore no more waivers. You would need a US immigration lawyer to find loopholes that will clear you for good. It's a lot more complicated for a person with a criminal history to get a green card.

What you need to know is that the system is broken. Second chances are seldom given to individuals. Best way to avoid all this bureaucratic nonsense is to stay vigilant and not to brake any criminal or immigration laws. Canada has a better system in place to deal with inadmissibility as we believe in rehabilitation. Many countries don't including the US.