John Rogers,

I have a question since I think you have been a amazing contributor to this forum. Is it possible to receive a waiver for Drug Convictions such as Trafficking? From 10 years ago?

@ John Rogers

I wasn't rude to anyone. I don't need to use Ken Scott's services. In fact, I don't need a waiver to enter the US. I came here looking for info because my significant other has an arrest record and is afraid to enter the US. We are planning a few trips down there and I wouldn't want to go alone.

I was looking around for info about waivers and stumbled on this forum. Reading posts from you and Ken Scott are quite entertaining to say the least. That's why I come back from time to time. I rather put many posters on here on guard from charlatans.

In fact, many posters have left this great forum because of you two.

I am no expert in the domain and nor I am a lawyer. I have read extensively about US immigration law because of my significant other's situation. As you and Ken Scott mentioned, some people can be permanently cleared. That is all I am looking to do, clear someone's name which was ruined on false accusations.

HATS BOOTS HATS since you were rude to me, my advice is please use Ken Scott. Please.

Make sure you keep the board up to date on the mess that follows.

Ken you say the most convoluted things. "A Canadian friend of mine". You simply mean to tell us he was a Canadian Citizen right?

“A Canadian friend of mine stayed in the USA without status for 9 months and did not get charged with an overstay since they did not issue him an I-94 and he was considered to be in Duration of Status. Also, he did not do any sworn statement as well.”

So your friend entered the United States, and then 9 months later simply came back to Canada? You are saying Homeland Security has no idea he actually stayed more than 6 months, correct? He doesn't pass Homeland Security to get back into Canada, so they probably were never aware he overstayed. Its like speeding but no one caught you. Am I understanding this correctly?

“A Canadian citizen may visit the U.S. for up to six months within a 12 month period without a Visa. This means that the Canadian may enter the U.S. for business or pleasure for a total of six months without needing any documentation other than a passport. However, they must leave at the end of the six months, and may not return until an additional six months have elapsed.”

“How long can Canadians stay in the U.S.?
Usually a maximum of 182 days, or about six months during a 12-month period. Those days can be amassed during one trip or they could be the sum of several trips.

People from countries other than Canada are allowed to stay a maximum of 90 days.”

“In actual fact, the rule is that on any particular visit, a Canadian can stay in the United States for no longer than six months. However, a Canadian may very well be able to stay in the U.S. for longer than six months cumulative time in any given calendar year, provided they are not trying to live there permanently.Jan 19, 2015”

I have quoted 3 reliable websites on this issue for everyones reference.

If you are given a ban, or denied entry for ANY reason, you must REAPPLY for admission.

You cannot just re-enter after your ban is up. Under ANY circumstances. You have to either apply for a waiver, (I-192) or an I-212.

If anyone here has had a ban and simply re-entered, feel free to contradict me.

Well, I will have to kinda go by what you are telling me without seeing your sworn statement specifically. Let's say that as of 5 Mar 18 is the end of your 6 months(180 days). So March 6 is day (181) and when you start accruing unlawful status. You depart the USA March 18, 2018, before any kind of immigration proceedings are started against you. So your 3-year ban should start around March 18, 2018. Then you try to re-enter April 5, 2018, and CBP will do the calculation as to the effective start date of the ban. Your 3-year ban should be around 18 Mar 2018 to 17 Mar 2021 or so. So your waiver could cover the period of inadmissibility if they gave you a 3 year one....depending on when you file and are approved.

Again, the best thing is you can give me a shout and I can walk you through everything. I won't charge you a cent to chat and look everything over. You likely can do your own waiver actually if it is a simple case.

Bottom line is that you will not have to file for waivers for the rest of your life if it is only an overstay. Again, please note that I can only go by what you say here since we have not seen any documents from you.

Another thing that I want to mention that this can change if you are Canadian and CBP did not issue you an I-94 when you first started your 6 months stay in the USA. If you did not get issued an I-94, then it is possible that you technically did not overstay and CBP was mistaken. If that was the case, then might be worth holding off on the first waiver.

A Canadian friend of mine stayed in the USA without status for 9 months and did not get charged with an overstay since they did not issue him an I-94 and he was considered to be in Duration of Status. Also, he did not do any sworn statement as well.

Anyway, if you wish to chat you can reach me at 604 332-9213.

K SCOTT

Thanks for your input. I overstayed by 12 days after the 6 months I had accrued had expired.

The question I keep coming back to here.

It EXPLICITLY is listed in my documents that I have a 3 year bar but then it EXPLICITLY lists a date as to when that bar is up. That date is 4 years, 7 months and 14 days from when the bar went into effect.

Nobody seems to understand this on my documents.

What am I to believe?

Any thoughts as to the discrepancy?

Thanks

You are correct Noah. Depending on the case, a person does not necessarily need to get a waiver for the rest of their lives. In some cases, they do not even need a waiver at all. You gotta understand that a lot of Discount Waiver Companies and lawyers will tell you that you always need a waiver when this is not necessarily true. Where it is true is if you need a waiver for a relevant criminal conviction. Then those cases always need a waiver. This does not apply to overstays.

However, CBP could add in Misrepresentation to your overstay(depending on what you say in your sworn statement) and that is when it does become tricky. A lot will indeed depend on your sworn statement and whatever CBP has in their databases. Now I want to touch on one important topic. If you have a waiver for a relevant criminal conviction, you will find it harder to get a green card in the future through family sponsorship. They do have hardship 601 waivers but they can be hard to get under Trump. So the first thing that we do is try to see if the person actually needs a waiver for their offence since not every offence requires a waiver.

HATS HATS BOOTS...this is how it works. A lot will depend on what you admitted to in your sworn statement and whatever CBP has in their data systems. I can tell you briefly that if it is only an overstay...you will not have to get waivers for the rest of your life. Please understand that I have not seen your sworn statement and I do not know what type of visa you were on.

Also, it will even be different if you are not a Canadian since Canadians are visa-exempt under the B-1/B-2 Visa category. You can fire off an email and chat if you wish. There will be no charge to chat and we give a lot of free information on our Facebook pages, Twitter, website and internet talk radio show. However, the general rule is if a person overstays by one year then the ban is 10 years. Since you say that you have a 3-year ban, I am going to assume that you overstayed 6 months and 12 days since an overstay by more than 6 months but less than 1 year is the 3-year ban. Again, I am only going by what you have said since I have not seen your paperwork.

We give a lot of free info away since a lot of people need help and may not have the resources to pay large fees. Anyway, reach out to us if you so desire.

usentrywaiverlegalservices.com
www.facebook.com/usentrywaiverlegalservices
604 332-9213

Vancouverite

I’ve been told that after the x number of years of your bar is over then you’re in the clear.

I don’t understand why others on this forum say people need waivers in perpetuity. Perhaps just for serious criminal offenses but just a simple overstay and with no criminal record I’m guessing once the time is up on the bar then that’s it...You won’t need a waiver anymore.

I have the same question as @Noah.
Does having a x year ban mean that even after x years, you’d need a waiver for entry, even if you have no criminal record whatsoever?

I have spoken to two practicing immigration lawyers in vancouver who have both told me “no.” This means that once x years has passed, I will no longer need a waiver.

But people on this forum seem to be implying that even after the x year ban, a waiver is required.

I’m a little confused now. While I trust the lawyers, I also know that the border guys can do whatever they want at their discretion once you’re there.

@HATS BOOTS Boots, JOHN ROGERS, K SCOTT...

I appreciate any input anyone has on the following:

Am I to believe that I will always have to apply for waivers EVEN AFTER the statute of limitations (I'm assuming there is one) on my bar has run out? I'm not sure I follow. In addition, why would I need an I-212?

Here are the my facts:

1) I tried to fly to America from yyc. I was pulled into Secondary and held for 3 1/2 hours at which time it was discerned that I had an overstay of 12 days on my visa. One officer wanted to give me a break BUT another officer was dogged in his determination to "get" me. They tore through my luggage, etc. I was nothing but exceptionally polite and accommodating and gave NO ATTITUDE AT ALL. "Yes Sir, No Sir, Thank You Sir"... etc...

***Had I known in advance that I could have rescinded my application to go to America then I would have withdrawn my application. Why would they not apprise me of the fact that this option was available to me?***

2) I have absolutely NO criminal record so I don't need a pardon for anything.

3) My documents state that I have a 3 year bar BUT in those same documents it EXPLICITLY lists a date that is 4 years, 7 months, 14 days from the date I was barred at which time my bar is up and I can enter the US.

Am I to assume if I just wait until that date that I will NEVER need a waiver???

I do not understand this discrepancy and nobody else seems to make sense of it either.

Thanks for anything you can discern from any of the above.

Ken, I am happy to do a "radio show" as you call it but I am sure is just some low budget do it yourself podcast. But not when I have business to attend to. Lets do it on a Saturday or a Sunday, its not like you have a family or anything, and then we can just post it here and on Facebook. We will both have a copy and everyone can listen and make up their own minds.

I see you still won't confirm when you "worked for Homeland Security". I think we can take that as CONFIRMATION that you actually never did work for Homeland Security.

Again, John Rogers, you are upset that others have called you out on your BS. I still don't understand why you are so jealous of me. Why do you care that I am an analyst? Anyway, please let me know when you are free to do the radio show and we can let the public decide. Although I already know that you are scared anyway..lol You seem to be really into me for some reason..lol W.e can do the show today if you want. I want people to actually listen to you live on air. So let me know if today works for you and what time will work. I will put the link here so people can click on it and listen live

Yes everyone, please go on the Facebook page and read the discussion between Ken Scott and myself.

I run a company that does Pardons and Waivers. Unlike some, who focus on Pardons and "do waivers as well", I personally focus solely on waivers. Other people focus on the Pardons. Thats why my waivers are fairly quick. A normal waiver can take 4 months if the client is motivated. % months if they are not. I also charge a reasonable fee. $590 for the first waiver, $448.75 for a reapplication (5 year) $335.75 for a person who only got a one year waiver. All my prices include taxes and the fingerprints, which we do ourselves. I always assess each person to make sure they are getting the honest truth about their chances of getting a waiver, and I pride myself on being accurate.

I can so weekends, and I am available 24/7 because I forward my phones. You never get voicemail. I post my cellphone here and am happy to give out advice. Transparent, affordable, accountable.

Ken Scott runs a waiver business, where by his own words, "he charges between $3000-$10 000. He does not do fingerprints, (so not accredited or checked by the RCMP) and he doesn't do pardons. Why would people pay him such a fee? Because he markets the "illusion" that he can get many people a "September Letter", even with violent crimes. Much of his writings focus on his clientele who he says are "gang members" or "former gang members". He at one point on his website had a page from a client with serious offences on it and a second page to make it seem as if he got that person with serious offences a September Letter. When I challenged him to post them with part of the A# on it, he edited it so badly, they numbers were CROOKED. I admire the attempt, but am dismayed at the lack of attention to detail.

Gang Members are not the type of people who care about travelling to the United States, or appearing like they have "changed". People in gangs are not, and have not, been doing waivers. Former members form 20 years ago? Sure. But these would be referred to as "middle aged men".

HATS BOOTS BOOTS...we don't know who he is, and he has no accountability for his words. He uses an anonymous name and he could be anyone, and he gives very bad advice. But were you to follow his advice.....you can't even trash him, you don't know who he is, or how to contact him. I DO KNOW that whenever I make Ken Scott look foolish online, he crops up, and so does Ken Scott on here.

Ken Scott is a "law analyst". He is not a lawyer, he is not accredited by the RCMP, he could be here one day, and disappear the next. He claims to have worked for Homeland Security, but as you will see from our Facebook discussion, refuses to answer any questions about it at all. ignoring the questions, which I think say a lot about his credibility. All we know is he has at least 2 friends, who are his support system and jump into the discussion to help Ken out, when my avalanche of common sense and expertise starts to drown him.

"Discount waiver service" is a nice way of saying "why pay John $590 when you could pay me $5000....for the exact same thing.

HATTS BOOTS BOOTS I have to say that you are 98% correct. This John Rogers guy is in our facebook group(Complaints Against Federal Pardons Canada) and constantly tries to do these things. The FB group is essentially about people that have been scammed by discount waiver companies and lawyers. Feel free to check out the group. He is often wrong about his data and this could harm a lot of people that are trying to do waivers. I told him yesterday that I will have him on our internet talk radio show as a guest. I myself am a US Immigration Law Analyst and we resolve border crossing cases. This guy and I debate often and I have to call him out on his mistakes. I agree with virtually everything that you have said in your post...even about waiver companies and lawyers. The only small area that I have to respectfully disagree is that some cases can indeed get permanently cleared and those people won't need waivers. Also, people that voluntarily admit to Marijuana use to CBP will make themselves inadmissible and will need a waiver. Thank you for your positive post though and I back what you have said.

usentrywaiverlegalservices.com

@Noah

Don't pay attention to this John Rogers.

He might have some useful info but I believe you can apply for own waiver like most bloggers do on this site.

An overstay even though is not a criminal record of any sorts, you are still viewed as if not worse than a criminal because you violated US immigration laws. The US has a lot of undocumented immigrants and with hard line Republicans in charge, nobody expects clemency.

"One officer gave you a 3 year ban while another gave you 4.7 year ban". I don't believe a 4.7 year ban is possible. It's either 3 years, 5, 10, 20 and so forth. I would wait 5 years before attempting to go to the US with a valid waiver off course and you will need to apply for an expensive I-212 to overcome the ban. That being said, you can still visit other countries as you don't have a criminal record.

I am not a lawyer or someone who does waivers. I am just telling you to do your own research and not to spend money on these waiver companies or lawyers.

People with a canadian criminal record have it way easier than Canadians who have overstayed or entered the US illegally. That being a serial killer, a drug lord or sexual predator may never get a waiver but with the passage of time, it is possible. I also believe Canadians who have been denied entry for solicitation or prostitution have it all way worse. You see with a criminal record, offences are recorded on there. It's much simpler.

There are two things governments don't like and those are tax evasion and undocumented immigrants. Tax evasion can get you more time than a murderer. Undocumented immigrants don't pay enough taxes and that is equally treated as tax evasion. Overstayers also don't pay much taxes.

People make mistakes and with this looney society in a post 911, Westerners don't feel safe. Some people use this to their advantage to get elected and to criminalize immigrants and simple people who have a small stain on their record from a bar fight or a neighbor's dispute.

As for police and credit databases, nobody knows what governments keep on you. Not even lawyers know and not even politicians we elect. This info is shared between police forces and secret intelligence which ordinary citizens have no access too. Lawyers know about the penal code and civil code but they don't really know how these databases work.

Best thing you can is to steer clear from police altogether and when visiting other countries to be vigilant. Off course, many of us make a simple mistake and we are flagged forever as a potential threat.

The best policy is honesty. Show remorse on that waiver application five years from now.

Welcome to a lifetime of waiver applications. Consider it as filing for a Visa. You pay them and they should let you in if you are honest and give them all the info they need. As for tax forms, it's the most recent but you don't need tax receipts. You just need to send them a letter of current employment and 3 character reference letters preferably not from family and definately not a spouse. Off course, with the current US administration all this can change with a blink of an eye.

JOHN ROGERS

For the most prudent of reasons I don't feel comfortable taking a picture of the documents and texting them out. I'm confident you can appreciate that.

At any rate have you ever seen where they've put two COMPLETELY DIFFERENT dates on a document? Which one am I to believe?

Another question - when filing a waiver typically how many years of tax returns are acceptable to enclose?

Don't let "John Rogers " fool YOU! This man will tell you anything to earn your business since he is based in ON. Look him up on Facebook. He "thinks" he knows it all, along with a few others. Just search the forums on Facebook and you will see how he and few others who do waivers just go at it like little bitches on a closed group page. PATHETIC!!!!!!!!!!!!!!!!!!!!!!!!!

Apology accepted. Take a picture of the document they gave you and text it to me. 416-843-1371. Obviously I will keep the results confidential and only post anything here (in terms of what I get from the document) with your permission.