Waiver Denied

Marco84posted 4 years ago

Hi,
I applied for a i192 waiver in April 2019 and was denied in October 2019. The reason for the denial was because my fraud over charge (was the direct result of my drug use). They did state that i needed to show "better rehabilitation" . I want to point out that i was convicted in 2015 and completed house arrest and probation as of March 2019 (i also paid back my restitution order). Also, i have been sober since i went to treatment which was October 2013, i am an active member in AA, i volunteer at the men's correctional complex, i went back to school and completed an Addictions program at university October 2019, been working for the same company for 5 years....
My question is, when should i reapply for my waiver? I was considering appealing it but i heard the likelihood of it getting approved is slim. The main reason to travel to the USA is to visit family that i have not seen in years and also visit amusement parks.
Please help!!

Replies (recent first):

@Michelle

No just this useless "Cannabis Pardon". If the Liberals win (even in a minority) I am hoping they finish with changes to the pardon process.

Just a rant about that. All the people saying "possession of marijuana should have automatic pardons" now look like complete idiots.

The parole board put together this "cannabis pardon" and its barely being used. As I speculated:

-people who needed a pardon already had it
-people who had possession have OLD records. Why? Because the police stopped arresting people for this offence years ago.
-the push was for certain communities to stop being 'punished' for using marijuana. But who REALLY wanted these records 'expunged? The Pot activists....who either don't need a pardon anyways, or already have theirs. So it was a big dog and pony show by the Emery's (the prince of pot) who really were looking for publicity to open their own pot dispensary
-The Liberals got wrapped up in this Cannabis Pardon which helped less than 20 people Canada wide at last count, instead of passing legislation to make pardons easier and more affordable, which would have made probably close to half a million people eligible.

What a completely misguided waste of time, that ended up hurting many more people who could have pardons underway NOW.

John Rogers replied 4 years ago   #9

@John, Yes, I agree. At least the pardons - you can appeal the Proposed to Deny and actually win in many cases. Speaking of Pardons, any work on changes to the Pardons before the election?

Michelle replied 4 years ago   #8

@Michelle because I meet so many people at the airport, and because so many of these awful Pardons Canada/Type (local) companies do a horrible job, I get a lot of requests for appeals. Despite the fact I usually tell them they won't be successful, many still try because of the low price homeland Security charges ($110.00 USD) and the low price I charge. The truth is they are more work (to do a good job) in some cases than the original waiver and its is discouraging when it ultimately fails. The client is disappointed and its hard not to be disappointed as well.

John Rogers replied 4 years ago   #7

@Marco84, I agree with John, I think you should wait another year, and then use his expertise to help you with your personal letter and application. I also agree to keep building your rehabilitation. You have a good start, just applied to soon. As John stated, the denial letter will help with round 2 of your application. Don't bother with appeal..I don't even try them anymore..waste of time and money....

Michelle replied 4 years ago   #6

Sorry about that 416-843-1371

John Rogers replied 4 years ago   #5

Sorry John, can you resend your number. There is one to many digits

Marco84 replied 4 years ago   #4

@Marco84 Immigration lawyer, I bet the letter was less conciliatory and more "you should admit him because...." which they HATE.

The problem with immigration lawyers is "reputation" means little to them, so they have no incentive to be honest about your chances. They think "you are paying me for my time". In my case you are paying me for my expertise. I SHOULD know what your chances are, and I should tell you that up front. I have a vested interest in your success. And I always re-do the waiver for free if you don't get it, even if I warned you it would not work.

Why? Because you paid for a waiver. I want you to get what you paid for.

Call me. 416-8413-1371

John Rogers replied 4 years ago   #3

Thanks for the reply @johnrogers. I did have it done with an immagration lawyer but was not advised what you just told me. I live in Ontario, Canada.

Marco84 replied 4 years ago   #2

@Marco84 don't bother appealing. Its a complete waste of money. (In your case)

The length of time since your conviction and the end of sentence is obviously the issue. I would also say that this would be a hard waiver to do on your own, especially since the personal letter would have to be pretty good and actually in a case like this I would have probably done it in the format that they follow when they reject waivers, (matter of hranka)

Now that you have been rejected, the rejection letter would give us the template to put together the next waiver to answer each concern. We want to eliminate any reasons for saying no.

My suggestion is to wait until this time next year. I would also suggest:

- getting help. Now that you have spent the time and money to get that rejection letter, let someone like Michelle or myself say all the right things and shape the letter to make sure its hard for them to say no again
-in the year that your waiting, bolster your rehabilitation. I can give you suggestions on how to do that. We can't just say "i volunteer at a men's correction facility" the "rehabilitation" has to bring about your change in character. Most people try and make the conviction about when/why they changed. But Homeland Security doesn't want to hear "oh well since I got caught, I realized I made a mistake". People don't realize how weak that argument actually is.
-The entire application, including reference letters, has to be about rehabilitation. Again this is something I would write for you and get your friends to sign.

That is my 2 cents. Where do you live?

John Rogers replied 4 years ago   #1

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