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Waiver of Ineligibility HELP

Waiver of Ineligibility HELP

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Old Jul 13th 2011, 8:03 pm
  #1  
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Default Waiver of Ineligibility HELP

I been trying to find an answer for a while and thought maybe someone here could help.

Me and my family were hoping to go on holiday to Florida for two weeks on the 1st of August 2011, but unfortunately my father has a criminal record from when he was 19 (he is 53 now) for stealing petrol. Although my parents were told to lie about it, they didn't want to get to Florida only to be turned around and sent back home so they applied for a visa for my father.

He had his interview on June 1st at 9:00am, and was obviously was rejected for a typical tourist visa and the interviewer at the Embassy recommended that he should be granted a Waiver of Ineligibility, and told to wait for a response via email. My question is how long does it take in your own experience for a response? My family are willing to wait a week before 1st August to book the holiday but is there really any point in waiting?

Also, he has been granted Visa before over 12 years ago will this go against him or for him?

Thanks for any help!

Last edited by KJSL; Jul 13th 2011 at 8:05 pm.
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Old Jul 13th 2011, 8:34 pm
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Default Re: Waiver of Ineligibility HELP

I think they say the waiver could take upto 16 weeks to be approved.
I assume having a previous visa could only go in his favour (or favor for our American friends)
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Old Jul 13th 2011, 9:01 pm
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Default Re: Waiver of Ineligibility HELP

How long it takes depends. When dealing with such an old offense, the consular officer can approve a couple visas without checking with Homeland Security (which causes a delay). The visas would typically be for a year. After a couple one year visas, the consular officer may go for a longer visa and then they have to check with DHS for approval. That takes more time.
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Old Jul 13th 2011, 10:01 pm
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Default Re: Waiver of Ineligibility HELP

From my own experience last year, it took approximately 9 weeks from the date of my interview to receiving the email notifying me that they were ready to issue my waiver of ineligibility. Arranging for the courier to collect my passport, have the embassy affix the visa inside, and then courier back to me all took a further 2 weeks or so. YMMV however...
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Old Jul 14th 2011, 4:54 am
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Default Re: Waiver of Ineligibility HELP

Originally Posted by KJSL
Also, he has been granted Visa before over 12 years ago will this go against him or for him?
It depends on whether there was any misrepresentation. 12 years ago did he follow through on the recommendation to lie? Because if he did that brings his last offense from 34 years ago to 12 years ago. And did he apply for and receive a visa, or did he successfully enter the US on the Visa Waiver Program?

But if the CO is recommending he apply for a waiver of ineligibility then that's in his favour.
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Old Jul 14th 2011, 10:52 am
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Default Re: Waiver of Ineligibility HELP

Originally Posted by iray
It depends on whether there was any misrepresentation. 12 years ago did he follow through on the recommendation to lie?
No he didn't lie. According to my parent's they were given a visa for as long as their passports lasted, and i think that was about like i said 12 years ago

Originally Posted by iray
And did he apply for and receive a visa, or did he successfully enter the US on the Visa Waiver Program?
Again, I am only going by what my parents have told me but from the sound of it he applied for your average visa and was accepted with no questioning about his petrol stealing days. I'm guessing things were alot different when it came to visa and waivers 10+ years ago.
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Old Jul 14th 2011, 11:56 am
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Default Re: Waiver of Ineligibility HELP

Originally Posted by KJSL
No he didn't lie. According to my parent's they were given a visa for as long as their passports lasted, and i think that was about like i said 12 years ago



Again, I am only going by what my parents have told me but from the sound of it he applied for your average visa and was accepted with no questioning about his petrol stealing days. I'm guessing things were alot different when it came to visa and waivers 10+ years ago.
The visa application still required the applicant to report any and all arrests back then. If he needs a waiver now, then it is likely that he needed a waiver then too. Who knows what happened back then. He either answered the arrest question correctly and received the visa anyway, or answered incorrectly at the time.

They stopped issuing the indefinite visas at the end of March 1994. They invalidated the last of them at the end of March 2004.
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Old Jul 15th 2011, 10:06 am
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Default Re: Waiver of Ineligibility HELP

Hi,

We're in the same boat as you! My partner went for his interview on the 2nd June and was recommended for waiver of ineligibility but hasnt heard a thing yet.
I booked to go to Florida last year but didnt realise he needed special permission/visa! wished I had as we could have had it all sorted by now. We are booked to go 22 Sep 2011. I know its far off but if the waiting time is 16 weeks he will miss the flight!
Have you had any luck yet? I have tried searching others to see how long they waited but havent found any info.
Fingers crossed for us both!
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Old Jul 15th 2011, 1:14 pm
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Default Re: Waiver of Ineligibility HELP

Did this come under 221(g). ADMINISTRATIVE PROCESS???
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Old Aug 16th 2011, 4:45 pm
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Default Re: Waiver of Ineligibility HELP

Can any of the people here update me on what happened? Times? Im due to travel Spet 2nd, had interview 7 July.
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Old Sep 21st 2011, 3:02 pm
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Default Re: Waiver of Ineligibility HELP

I thought i'd update this thread with news! We finally receive his VISA acceptation email on 9th September (as said before we applied on the 1st June) and then sent it off that day and received his passport back today 21st Sept.

Obviously we didn't get to go to America this year but it is a year visa so next year we plan on going!

My advice is to not even book anything until you get your visa, the impression we got from the interviewer was that it would be with us before 1st August but instead it took over 2 months to come back!

Good luck!
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Old Sep 21st 2011, 7:12 pm
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Default Re: Waiver of Ineligibility HELP

Snap! I lost all my money. Turned out to be nowhere near 2nd sept cos I still not had email! Nightmare! Was that date in June the interview date?

Thanks for the update!
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