Waiver application processing times

i194waiverposted 9 years ago

Got your I-194?

Reply here with how long it took. Months, weeks, days...

Replies (recent first):

The most important part of obtaining a waiver is to have certified court records for everything that was a conviction including conditional sentence or jail/prison time and probation. The US authorities have had basic access to the Canadian database and have been given every more access by successive Canadian governments. Currently everything that resulted in you wearing metal bracelets is in that database regardless of if it was later discharged or charges dropped.

The second most important thing is the waiting time which is a minimum of 5 years from the time of the last interaction with the authorities. This includes the date of discharge or last date of probation. I am referring to criminal activity the time is different for other scenarios like overstaying.

If you had a minor event then the five years (convicted of disorderly conduct, shoplifting or a DUI) should be okay if you had a more major event then wait a lot longer, perhaps 8- 10 years. If you did something really crazy like beat up an old lady or anything with a gun or a significant amount of drugs it would be best to wait 20 years. If you had any sex offense or any offense involving an underage person (unless it was something statutory with just a couple of year age difference) you might never get a waiver.

You can always try right after the 5 years is up but unless you won a Nobel peace prize or the like it will be a while for anything more than minor offenses.

Kevin replied 6 years ago   #882

Ken Scott, thats why even people on the west coast are calling ME, to get information, and not you. They see you for what you are.

You have doubled your waiver knowledge since I started schooling you on here. You are beginning to make me believe that the larger the fee and the more ridiculous the claims, is inversely proportional to how little someone actually knows.

I notice LS took down the fake September Letter. Smart move.

JAKE D.....its clear Ken Scott told you he could get you a permanent waiver. He has now offered to do it for free. Take up his offer so we can expose him as the fraud he is.

JOHN ROGERS replied 6 years ago   #881

Yes Jake D it should be on the paperwork that they gave you. You could probably tell by the info indicated on the packet. It is harder for me without actually even seeing the paperwork. One thing that I can offer you is to do a Skype conference call and let's look at everything if you are not in BC. I purposely don't put as much info here because I am not interested in educating John Rogers on how to prepare border crossing cases. However, I do not mind chatting with you. I won't charge you a penny to chat and look it over. You could probably get away with doing your own waiver and I can give you some guidance. I apologise for John since he still refuses to focus on helping the people and just instead always seems to have a thing for me for some unknown reason.

CBP will often give a person an option to withdraw in lieu of an Expedited removal or other adverse action. Also, please note that I tend to stay on the side of caution and ensure that all everything is carefully sorted out properly.

Anyway, feel free to chat on the phone if you wish since I will not educate John Rogers whatsoever. 604 332-9213

K SCOTT replied 6 years ago   #880

Wow!!!

I’m really not sure how to process the commentary here.

Would anyone like to address the couple questions I had in my comment #887?

1) Whether CBP charged me with something that isn’t in the paperwork they gave me when I was in Secondary?
Why would it not be in the paperwork they processed and handed to me in person?

2) That info then subsequently would be in my FOIA???

3)Why wouldn’t CBP tell me I had the option of withdrawing my application to enter the US?

Thanks.

JAKE D replied 6 years ago   #879

Since your obscuring what you said Ken Scott, then what did you MEAN?

Good thing is that you would not have to get waivers for the rest of your life...based on what you are saying here.

If he applies for a Waiver, what will he have a "75% chance" of getting? If successful, what would he get?

A waiver? A September Letter? What?

JOHN ROGERS replied 6 years ago   #878

No John...me being the parrot I guess...your info is wrong again. I never told the guy anything about a September Letter. We are talking about an overstay only. How does that refer to a September Letter? You really need to learn how to read John. Again, why are you not focused on helping Jake instead of buzzing me? Be a man and talk to me live on air and stop this back and forth utter nonsense. Let these people share info. A simple way to resolve this is for the chap to just call a us immigration lawyer and do a consultation. There he can pose the question about the 10-year ban for an overstay. A good us immigration lawyer can just help him. I suggest that he use one in Montreal. Do not use a BC nor a Toronto US immigration lawyer because they have a lot of bad ones in both provinces. There John now the problem is sorted out. He can use a lawyer and report back to the group on what he said.

K SCOTT replied 6 years ago   #877

In my opinion, I would give you a 75% chance of approval based on what you are telling me. I would have to get case specifics from you in regards to the details of your overstay and check to see if CBP has charged you with anything else that you may not be aware of. . Good thing is that you would not have to get waivers for the rest of your life...based on what you are saying here.

604 332-9213

Ken Scott you are telling this person they will get a September Letter. "Good thing is that you would not have to get waivers for the rest of your life...based on what you are saying here."

Please restate if you did not mean this.

JOHN ROGERS replied 6 years ago   #876

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.

Plus it is complete BS about Canada being suspicious about people that have not obtained citizenship yet.

Thats not what I said. Please re-read. Your lack of attention to detail is startling.

JOHN ROGERS replied 6 years ago   #875

I am going to just become a parrot. John Rogers is wrong again if he says that an overstay will have to get a waiver for the rest of his life. This is not necessarily true. Again, it will depend on the specifics of a particular case. Also, we are only going by what we are reading in the room here. Plus, don't know why John mentioned September Letter. Plus it is complete BS about Canada being suspicious about people that have not obtained citizenship yet. This is complete and utter stupidity..lol

We have done cases for Permanent Residents and yes they do go through the Consulate. John, you cannot even get the fees correct. Fees vary depending on the type of waiver and other things. Again, you are making my case for people avoiding Discount Waiver Companies.

Btw this is actually a current project that we are working on an expansion to England. Possibly doing visa waivers for Brits that cannot enter USA because of criminality. England is full of ex-criminals that need to get B-1/B-2 Visas and waivers for USA.

K SCOTT replied 6 years ago   #874

I am giving you what i am seeing, but I also take into consideration that if I am going to get you to spend your hard earned money, I want to be sure of the result. Some clients still apply, usually they have no choice, but I discourage people who may not get the waiver. Rejected applications not only lose the $585 but my reputation is very important to me since almost all my waiver business is through referrals.

I would give you at BEST 50/50 chance of getting the waiver. And you are going to have to do waivers for the rest of your life. You are not going to get a September Letter. You are being told a bunch of vague information so that when Ken fails, he can use it as an excuse. Please feel free to try and tell all of us the results! I hate to experiment with your money, but it might be a good lesson that saves other people the expense and hassle.

Michelle makes a great point about Canadian Citizens. I do not do waiver applications for Landed Immigrants because of 3 things.

1.) They have to pay $930, not $585

2.) they have to hand the waiver in at the consulate, not the border, which is problematic and next to impossible at times

3) The United States is suspicious of people who have not bothered to get citizenship, when they have lived in Canada long enough. Makes them think you may want to come back to the United States permanently.

I simply tell the client to get their citizenship, and then come back .

JOHN ROGERS replied 6 years ago   #873

Once again to all thank you for your input.

@Michelle- I am a born and raised Canadian citizen so no issues there.

JOHN ROGERS- thank you for your thoughts. I’m a little perplexed that there’s “dueling information” between yourself and K SCOTT but I’m going to guess that’s just what your personal experiences have indicated for you. Nevertheless all info/knowledge is appreciated on my end.

K SCOTT - you mentioned that CBP may have charged me with something I’m not aware of. Wouldn’t they have told me of that at the time when I was in Secondary and they did my paperwork?
Also wouldn’t that info be in a FOIA request?

And to be clear you’re saying that you would give me a 75% chance with 6 years still on my ban? Are you currently seeing your clients (with somewhat similar circumstances as mine) getting waivers these days?

One other thing I became aware of after the fact:
I understand I had a had the option of withdrawing my application to be admitted to the US when I was pulled into Secondary.

Why did CBP not tell me this or do they just delight in screwing people???

JAKE D replied 6 years ago   #872

JAKE D John Rogers is again wrong as it is common. Any waiver can be approved if it is correctly prepared and you make the proper presentation. Now if you only had 13 months left, then I would say you should wait. However, 6 years is a fair amount of time. Let's forget John for a second since he hides behind a keyboard, strangely focuses on me, and doesn't have the balls to call into our internet talk radio show to discuss things with me directly. There are some things will still have to be accounted for after your 6 years.

In my opinion, I would give you a 75% chance of approval based on what you are telling me. I would have to get case specifics from you in regards to the details of your overstay and check to see if CBP has charged you with anything else that you may not be aware of. . Good thing is that you would not have to get waivers for the rest of your life...based on what you are saying here.

604 332-9213

K SCOTT replied 6 years ago   #871

@866 Jake D..sorry, just seeing this now, I don't get on here much...in response to your question, I am giving you my opinion and experience only. Please keep in mind that I am in Saskatchewan, and deal with very small remote US Customs POE and they can be difficult at the best of times. I rarely take on "Ban" clients..and the reason is...most are not Canadian Citizen. Currently under the Trump Admin...clients who are not Canadian Citizens simply do not have their waiver applications accepted by US Customs regardless of the "Ban" time. In fact, currently, I am do not accept any client who is not a Canadian Citizen, " period." It is extremely unfair, but the aggravation for me and my client is simply not worth it. That is mine rule and others may run their business different. Now, if you are a Canadian Citizen, I will review, there are a lot of deciding factors as to why you received a ban and why the USA should "lift" it. Again, I do not take on waivers that are going to take a lot of time and money, simply because I am only one person and do not have staff. I do not take everyone one who calls for a waiver. I am also like John, in the fact that if a client is refused a waiver, I will re-do waiver for free, but the $585 US fee is still due. I don't want to have to re-do a waiver for free, that is why I am very selective. Hope this helps.

michelle replied 6 years ago   #870

@873 Smokey..just seeing your response now, I don't get on here much..Anyway, no John and I are not the same people..I been called a lot of things, but never a man..LOL..I didn't put my company name down before, but here it is...check us out. Some back ground info about me and my company. I worked in Forensics Unit at Edmonton Police for years, and was in charge of their Criminal Records Checks and fingerprinting (Police Information Check Unit). I then started my own Pardon/Travel Waiver/Fingerprint Service in 2008 in Regina, SK. My Company is FPS Fingerprint Pardon Services. While I really don't branch out in other provinces, I can help people if they require our services. It is just me, so I don't take on everyone who calls for a Waiver..I am quite selective and only help those that I know will get a waiver without a lot of time and money. I am accredited by the RCMP for digital fingerprinting and have contracts with several Government Agencies and Private business, this keeps me very busy. Check out my website at www.fingerprintpardon.com

michelle replied 6 years ago   #869

I would advise you to wait at least 5 years before attempting it. Before Trump, after 5 year I would find they would grant the waiver. Now? I would advise against it. If a client tries and is rejected, I always re-do the waiver for free, but you still lose the $585.00.

In a few months we might be in different territory.

JOHN ROGERS replied 6 years ago   #868

Well JOHN ROGERS and K SCOTT trust that I appreciate the information you provide.
Seems you guys have some sort of "history" on this forum. (I'm not sure what to say beyond that as it is what it is) Nevertheless I appreciate any and all information you have provided as "knowledge is power".

Essentially what this boils down to is that trying to get a waiver for an overstay is a roll of the dice (which it probably is at the best of times).

I have a 10 year bar on an overstay and I'm 4 years in on that. I do not want to wait another 6 years for my bar to expire as I'd like to get into the US in the next couple of years.

HONESTLY what chance would you say (I know you're not fortune tellers) I have if I applied for a waiver sometime later this year given the current political climate with Trump?

Is it a zero chance, 2 out of 10, 5 out of 10, etc...?

JAKE D replied 6 years ago   #867

Ken Scott said:

It is not an automatic thing to just run up to that border and think they will allow you entry when your ban is over. You will still get scrutiny and they will check to see if the prior issues that caused you to get denied entry are still in place.

In other words, after the ban is over, you still need a waiver.

As i said before, what I am seeing since April is that clients with bans are being denied if the ban is still in place. If you want to apply and experiment with your money, I am happy to help you. Your asking for honest advice, this is what I gave you.

Most hilarious sentence from Ken Scott:

Also, an overstay by itself does not mean that you will necessarily have to get waivers for the rest of your life. John is wrong to say that if you have a 3-10 year ban that you are out of luck. Again, you have to show the relevant rehabilitation. You also have to know how to "properly present" the relevant facts/info in writing to CBP in a way that they understand and are happy with as such. This is part of the presentation that we include with our packets.

1. I didn't say they were out of luck. I said i am seeing Homeland Security reject waivers where a ban is still in place. A SPECIFIC 5, 10 or 20 year ban. A 3 year ban is useless anyways because if you JUST overstayed and are banned for 3 years, why would you apply for a waiver so soon? It will be rejected out of hand. "Not enough time has elapsed..." Waiver applications less than 3 years out are not successful. II have clients who are stuck trying. They usually have no choice.

2. How do you show "rehabilitation" from an overstay? You can apologize and show you have a secure job and home here in Canada, and explain why you did it, but your an idiot if you think Ken Scott has some magical 'rehabilitation' for the $5000 you will pay him

3. "Properly present...the relevant facts and info....we include with or packets." So Ken Scott, who can't even recall when he supposedly worked for Homeland Security, can't even get his act together enough to be accredited to Fingerprint b the RCMP, who you have all seen post in a rambling, circular and semi-coherent manner, is suddenly so meticulous and brilliant that he is able to CONVINCE Homeland Security to not only circumvent bans, but eliminate Waivers from ever being needed altogether?

Numbers do not back that up. At one point Ken claimed to have 20 000 clients but I am going to be more conservative. Lets pretend Ken Scott has just 5000 clients he has helped. He said he charges between $3500-$10000. OK lets multiply $3500 x 5000.
That equals 17 500 000. Yes. Ken is claiming to have made 17 and a half million dollars. And if you could do what Ken claims, you WOULD have that much, because people WOULD pay THOUSANDS to not have to do a waiver.

But Ken clearly does NOT have 17 million dollars. Because he just does expensive waivers. He never worked for Homeland Security, he is not a lawyer, and he is just an expensive waiver guy.

But here is a tip...when ONE guy is telling you NOT to apply, because of what he is seeing, and another guy says "oh no, we are so GOOD at what we do, we can overcome ANY hurdle", which do you believe? I have no motive to tell you NOT to apply. I make no money that way. I am in the waiver business, not the "don't do a waiver" business. Ken has all the motive in the world to pretend he can work magic. He makes money that way.

You decide who is the "honest" one.

JOHN ROGERS replied 6 years ago   #866

Another thing that I was going to mention is that we tell people that if you have a 3, 5 or 10-year ban(for overstay only), it might just be worth waiting out the extra time until that ban is over if you only have a small amount of time remaining...Like if you have another 13 months or so. It will save you money and a headache. Then, properly preparing yourself to make an entry if your ban is only for an overstay. There are some things that you still should do even if your ban is over.... since you don't want them slapping you with another one.

It is not an automatic thing to just run up to that border and think they will allow you entry when your ban is over. You will still get scrutiny and they will check to see if the prior issues that caused you to get denied entry are still in place.

I personally think that the actual concept of borders is a stupid thing in general. It is much easier crossing borders in Europe than it is crossing between USA and Canada.

K SCOTT replied 6 years ago   #865

Well, this is simply not true JAKE D. Right now in this particular order are the things that CBP seem to be really hard on in terms of waivers:

1. Drug use/trafficking
2. Sex crimes/relevant criminality
3. Misrepresentation
4. Overstays

Now, they do not jump for joy over an overstay issue. However, it is not their #1 thing that they are hard on. Overstays can be approved as long as your packet is "properly prepared." It is not just a matter of grabbing their list and tossing in 2 letters of reference and digital prints. Like in all waiver cases, proper rehabilitation has to be shown for it to get an approval. This is where the disconnect comes in terms of waiver providers. Discount Waiver Companies do not understand this concept and just take the CBP list for face value. They often do not show "proper rehabilitation" in a case and the person gets denied or you will get an RFE demanding further information.

Also, an overstay by itself does not mean that you will necessarily have to get waivers for the rest of your life. John is wrong to say that if you have a 3-10 year ban that you are out of luck. Again, you have to show the relevant rehabilitation. You also have to know how to "properly present" the relevant facts/info in writing to CBP in a way that they understand and are happy with as such. This is part of the presentation that we include with our packets.

Anyway, to answer your question...We are getting approvals on all bans to include, 3,5,10,20 and lifetime. They are a hell of a lot of work though to get approved but it can be done. They are also taking a very long time to get approved.

K SCOTT replied 6 years ago   #864

@K SCOTT

I'm going to put this question to you:

Are you seeing waivers for overstays (3 and 10 year bans) being denied en masse until the time of the ban is completely up under the Trump Administration?
As per comment #842 JOHN ROGERS alluded to this.

What has been your experience with this?

Thanks for any input and/or clarification.

JAKE D replied 6 years ago   #863