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Old Apr 12th 2011, 12:02 pm   #1
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Smile Nonimmigrant Visa Waiver of Ineligibility Application

Hi everyone

I have seen lots of different advice on Visa Waivers for CIMT on here but am in need of some advice from anyone who knows...I am a British citizen with a UK passport.

In 2004, I was convicted of theft from a shop (aged 19). I am now 25 and a full time university lecturer.

Last April 2010 I was given a Waiver of Ineligibility and B1/B2 visa issued. I ended up travelling to South Africa on another conference so did not actually travel on the issued B1/B2 visa and have never travelled to the US in my life.

In February 2011 this year my employer asked me to present in a conference in Las Vegas. I agreed and my employer booked return flights departing 2nd May 2011 returning 8th May 2011 (they are not aware of my 1 and only previous conviction).

As my existing visa issued in April 2010 expires on 14th April 2011 - On 15th February 2011 I had an appointment at the London Embassy. A waiver was requested by the consular officer and she stated that a review typically takes 1 month and it should (but not guaranteed) be completed before I am due to depart.

I am getting worried now as my existing visa expires on 14th April and consequently I need a new visa to travel to the US in two weeks time. Does anyone know or have any advice on the likelihood of the review being completed by then or are the embassy waiting for my existing visa to expire in a few days?

Any help and advice would be gratefully received.

Thank you!!
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Old Apr 12th 2011, 1:20 pm   #2
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

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A waiver was requested by the consular officer and she stated that a review typically takes 1 month and it should (but not guaranteed) be completed before I am due to depart.
I'm sure someone who knows better than I will be along shortly, but my understanding is that once you receive a Waiver of Ineligibility it remains valid thereafter - and isn't dependent on whether or not the original visa has expired.


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Does anyone know or have any advice on the likelihood of the review being completed by then or are the embassy waiting for my existing visa to expire in a few days?
I doubt they're waiting for your current visa to expire, but I'm not sure anyone can say whether or not your visa will be processed in time.

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Old Apr 13th 2011, 1:17 pm   #3
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi
My husband is in a similar situation; he has an 18yr old drug conviction,from when he was a young teenager, and had his embassy interview on 25th Feb, where he was recommended for a waiver of ineligibility. We won a holiday to Florida arranged for 27th May, as we haven't heard anything re the waiver yet I have enquired about changing the date which will be in excess of £750!! I'd be interested to see if bgs got hers in time. Also if anybody has any other experiences?
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Old Apr 13th 2011, 1:51 pm   #4
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Exclamation Re: Nonimmigrant Visa Waiver of Ineligibility Application

I am desperately waiting for some news about my application. If I dont hear anything in the next 10 days, my chances of going to Vegas is very slim. I have emailed the Consular Information Unit (CIU) and I get the reply "your case is still under review by a consular". It would be far more helpful if some kind of indication was given as to the status. I wonder how the review process works? I can only assume the review takes so long as they have so many applications to sift through? As it surely does not take 1 person 90 days to review an application. I am suprised at the length of time as I have previously received a waiver for my 1 conviction and I have never been in trouble since. Furthermore I never travelled to the US in my life. Pragmatically speaking I would assume that my current application would involve comparing one ACRO certificate to the previous ACRO certificate which show identical information and then in accordance with the INA issue a visa as before. Maybe my assumptions are incorrect....

I would imagine your husband will be ok as he has just about allowed for the prolonged additional administrative processing time! The quoted time for a review is 90 days. I asked the consular officer how long the review takes and she said "typically 1 month" so I am trying to remain optimistic.

Is it the first time your husband has applied for a visa at the US embassy?

I know that the waiver of ineligibility application needs to be referred to the Department of Homeland Security for a final decision to be made but I am curious to know if this is DHS in the US or a representative/Visa Co-Ordination Officer/Unit within the US Embassy London reviews the case.

I hope your husband gets his visa in time. I will post again as soon as I receive any updates from the US Embassy London. Good Luck!
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Old Apr 13th 2011, 4:18 pm   #5
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi,
My husband has never applied for a Visa before, and after this experience I doubt we'll ever do it again! Do you have the e-mail address for the consular information unit? I have repeatedly tried the embassy e-mail address, but don't get a reply, and i've called the £1.23 a minute info line but all I get is 'you'll be told when the application has been processed' but I realise this could take in excess of 16 weeks which means he won't be able to come. I think considering the amount the process costs (police certificate, appointment fee etc) the least they could do is keep people informed; it's a nightmare and i'm beginning to wish i'd never won the prize!
Fingers crossed for you bgs, let me know if you hear anything.
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Old Apr 13th 2011, 6:44 pm   #6
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Post Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi

Yes I completely agree, given the money you expend on the whole process, you think you would be entitled to a little customer service!

The email is [email protected]. HOWEVER you need a CIU code in the subject line or the email will automatically be deleted automatically and not read. A CIU code is only available from the premium rate telephone operater assistant line.

Perhaps say something along the lines of, the consular said that if I had not heard anything from the embassy within X number of weeks then I should email to check. If you articulate your reason correctly, they will usually give you a CIU subject line code.

Good luck again!
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Old Apr 14th 2011, 1:44 pm   #7
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Or, you could enter the US 2 weeks early, before your current visa expires! Extended holiday + conference in May.
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Old Apr 14th 2011, 2:08 pm   #8
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

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Or, you could enter the US 2 weeks early, before your current visa expires! Extended holiday + conference in May.
Sadly, her visa expires today, so I'm not sure how practical that'd be! However, your suggestion was actually quite brilliant. The requirement is that the visa is valid upon entry to the US. There's no requirement (of which I'm aware) that the visa remain valid during the stay in the US. Had she left two days ago, she'd have been fine!

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Old Apr 15th 2011, 10:50 am   #9
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thank you for that suggestion - the thought had crossed my mind but my employer would not be very happy!!

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Old Apr 15th 2011, 10:11 pm   #10
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

The 212(d)(3)(A) waiver evaporates when the visa expires. Sometimes the consular official cannot grant a visa with a waiver of inadmissibility without also getting approval from a DHS/CBP office in the United States. That office may have to get their hands on your alien file. That file is likely in storage when not in use and must be requested, shipped, received, and reviewed. That can add processing time.
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Last edited by crg; Apr 15th 2011 at 10:16 pm.
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Old Apr 17th 2011, 9:50 pm   #11
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

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Originally Posted by claudyb View Post
Hi
My husband is in a similar situation; he has an 18yr old drug conviction,from when he was a young teenager
You don't give any details, but any drug related convictions are usually a huge red flag and next to impossible to overcome, unless the conviction was for 30 grams or less of cannabis. Don't know what difference if any, it will make that he was a minor at the time.
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Old Apr 18th 2011, 11:00 pm   #12
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You don't give any details, but any drug related convictions are usually a huge red flag and next to impossible to overcome, unless the conviction was for 30 grams or less of cannabis. Don't know what difference if any, it will make that he was a minor at the time.
Hi,

The 30 gram rule has absolutely zero to do with nonimmigrant visas or nonimmigrant waivers. People receive nonimmigrant waivers to overcome ineligibility due to fraud/misrep, false claim to US citizenship, drug possession, drug trafficking, and CIMTs quite often.
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Old Apr 19th 2011, 10:15 am   #13
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

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Originally Posted by crg View Post
Hi,

The 30 gram rule has absolutely zero to do with nonimmigrant visas or nonimmigrant waivers. People receive nonimmigrant waivers to overcome ineligibility due to fraud/misrep, false claim to US citizenship, drug possession, drug trafficking, and CIMTs quite often.
Ok, so the 30 gram rule only apply to immigrant visas. Thanks for the clarification.
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Old Apr 19th 2011, 10:22 am   #14
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I'm sure I already know the answer to this question but is there any way to expedite the waiver process? I.e. can an attorney help? I'm sure the answer is no and wait but just checking to see if anyone has had any sucess in speeding up their review?
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Old Apr 19th 2011, 1:18 pm   #15
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

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I'm sure I already know the answer to this question but is there any way to expedite the waiver process?
No.


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... can an attorney help?
No.

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