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212(d)(3)(A) Waiver granted..but only 1 year

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212(d)(3)(A) Waiver granted..but only 1 year

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Old Jul 30th 2012, 11:03 am
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Unhappy 212(d)(3)(A) Waiver granted..but only 1 year

Hi

I am on my 5th round of waiver for ineligibility:

2006-2007 1 year
2007-2008 1 year
2008 -2009 1 year
2009-2011 2 years
2012-2013 1 year

I just received my passport and was shocked to see the period and reduced to back 1 year. I had been under the understanding it would remain at 2 years from hereon (for good behaviour!).

Seeing as it took 6 months to receive it this last time I can see myself back down my favourite daytime nightmare, the consulate, by the end of the year.

Any one care to shed some light? I am sure the common answer will be that my waiver grant is discretionary. But some info as to trends or recent changes in the validity period would be helpful to me and other members.

Thank you in advance.
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Old Jul 30th 2012, 11:08 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by jonnyvos
But some info as to trends or recent changes in the validity period would be helpful to me and other members.
I think the only people who would be privy to that information would be the folks who work in the consulate.

Rene
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Old Jul 30th 2012, 11:10 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Is this for a B-2 visitor's visa? If so, why do you need to go to the USA so often? How long do you stay in the USA on each trip?

Rene
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Old Jul 30th 2012, 11:17 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

1. I have a son in US.
2. I do a lot of business with US companies.

Thanks,

J
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Old Jul 30th 2012, 11:19 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

...And I stay between 3-7 days each trip. I probably do 3 trips per year minimum.
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Old Jul 30th 2012, 11:24 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by jonnyvos
1. I have a son in US.
Perhaps the ConOff feels that you have a strong tie to the USA and thinks you might be inclined to stay there at some point (although if you had wanted to do that, you would have done it by now, I assume).

2. I do a lot of business with US companies.
Perhaps the ConOff feels you might take advantage of those contacts in the USA and work illegally (again, you would have done it by now).

I think the best answer is as you said...it's discretionary, and for some reason you're not "out of the woods" yet to deserve a longer visa validity (in the ConOff's eyes). But as to why, I don't hink there's any way of knowing.

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Old Jul 30th 2012, 11:28 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by jonnyvos
I had been under the understanding it would remain at 2 years from hereon (for good behaviour!).
You misunderstood.


Seeing as it took 6 months to receive it this last time I can see myself back down my favourite daytime nightmare, the consulate, by the end of the year.
If it's a nightmare, why not try going to some other country?


Any one care to shed some light? I am sure the common answer will be that my waiver grant is discretionary.
The waiver is discretionary... so it's not only the "common answer" it's the "correct answer". Indeed, it's the "only answer".


But some info as to trends or recent changes in the validity period would be helpful to me and other members.
Such info would not be helpful, because waivers are discretionary. Even if someone else got a 2-year waiver, it doesn't mean that anyone else will.

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Old Jul 30th 2012, 11:32 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

This might shed some light on it:

9 FAM 40.301 N6.2-3 When Requesting Multiple Entry Waivers Valid for More Than One Year

(CT:VISA-1641; 04-20-2011)

a. If an alien meets the criteria for a waiver as set forth above, you may recommend a waiver valid for multiple applications for admission for a period of more than one year, but not to exceed five years, except as specified in 9 FAM 40.301 N6.3 below. In general, requests for waivers of more than one year must be referred to the Department. However, if an alien has received two or more one-year (or longer) waivers, you may submit the recommendation for a waiver directly to the Admissibility Review Office (ARO) without referral to the Department, but only if: (more in the link below)

http://www.state.gov/documents/organization/87150.pdf

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Old Jul 30th 2012, 4:37 pm
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by jonnyvos
Hi

I am on my 5th round of waiver for ineligibility:

2006-2007 1 year
2007-2008 1 year
2008 -2009 1 year
2009-2011 2 years
2012-2013 1 year

I just received my passport and was shocked to see the period and reduced to back 1 year. I had been under the understanding it would remain at 2 years from hereon (for good behaviour!).

Seeing as it took 6 months to receive it this last time I can see myself back down my favourite daytime nightmare, the consulate, by the end of the year.

Any one care to shed some light? I am sure the common answer will be that my waiver grant is discretionary. But some info as to trends or recent changes in the validity period would be helpful to me and other members.

Thank you in advance.
J,
My history is as follows:
B2 Visa
2007-2008 1 year (single entry)
2008 -2009 1 year (Multiple entries)
2009-2011 2 years (Multiple entries)
2012 ????? (Still waiting)
I had my interview for my latest visa on 17/2/2012 in London where I was told that I have been recomended for a 5 year visa. You say you have just been issued with your latest visa. What date was you interview ???? as I am still waiting for my visa, and it is getting very near to my intended date of travel.

Regards
Andy
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Old Jul 30th 2012, 6:56 pm
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Norrah - Thanks...that reference was exactly what I was looking for.

"Captious from Kentucky" - points taken.

Andy - Interview was 22-12-2011. Got notice of Visa on June 7th. Will you let this thread know when and what they grant you? At your discretion of course.
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Old Jul 30th 2012, 7:17 pm
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by jonnyvos
Norrah - Thanks...that reference was exactly what I was looking for.

"Captious from Kentucky" - points taken.

Andy - Interview was 22-12-2011. Got notice of Visa on June 7th. Will you let this thread know when and what they grant you? At your discretion of course.
Will do.....
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Old Aug 5th 2012, 12:13 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

theoldinn.. when did you apply for your visa & how long have you been waiting?
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Old Aug 5th 2012, 5:13 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by bubble123
theoldinn.. when did you apply for your visa & how long have you been waiting?
Interview was on February 17th 2012 and I'm still waiting to hear
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Old Aug 6th 2012, 2:26 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Have you contacted the embassy for an update? You can email after the wait time is up cant you?
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Old Aug 6th 2012, 4:20 am
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Default Re: 212(d)(3)(A) Waiver granted..but only 1 year

Originally Posted by bubble123
Have you contacted the embassy for an update? You can email after the wait time is up cant you?
Yes I have. And here is there reply:

Embassy records show that your application remains under review, no further action is required from you at this time. We recognize that applicants may experience inconvenience and frustration if their application takes longer to process than they expected. However, each application must be adjudicated to the full extent of the law. Any processing times quoted should be used only as a guide and we regret that we cannot guarantee processing by any set date.
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