kclmedic

Hi everyone,

I would really appreciate some help/suggestions as I'm in a bit of a pickle here.

I'm a 4th year medical student at Uni in London. We are required to undergo a medical elective between 4th and 5th year, and I chose to do mine in Los Angeles for 3 weeks. I've been planning this for almost a year now.

Anyway, I applied for a B1/B2 visa, as I wanted to do some travelling as well afterwards. At the interview 2 weeks ago, I was given the dreaded administrative processing sheet, and handed back my passport. My mate who I'm going with got stamped there and then.

The problem is I have the dates all set from the 23rd of August til 1st of October. The forms says anywhere between 90days to 6 months wait! I still need to book tickets/find accomodation and be there in like 70 days!!, but don't know what to do during this wait time. I've still not heard a thing, and ringing 'em up achieves zero!

So can I apply for a B1/B2 waiver (meet all the criteria) and travel to the states whilst under admin processing, or will it get refused? I'm seriously screwed and not sure what to do. Shoulda have just waivered it from the start!

thanks for your help

(edit: sorry, didnt realise that this was just an immigration visa thread)

meauxna

To my knowledge, nothing can or will go forward until your administrative processing is complete. Because this is for security purposes, the CO isn't going to approve anything for you to travel to the US until your checks have cleared.

Why do you think you need/qualify for a waiver?
If you meant the visa waiver program (VWP), the visa-free travel option for citizens of certain countries, then you would need the electronic ESTA clearance first, and would have to declare the denied visa (it's denied until it's approved).

kclmedic

Thanks for the reply.

Sorry I should have been clearer. Yes I meant the Visa Waiver Program. I know I qualify, according to what I have read on the website (British Citizen, less than 90 days, etc). I'm probably getting checked because of my name and various stamps from recent holidays like China/Malaysia/Lebanon/UAE.

The reason I'd go for the VWP now is that I really have no idea when the London embassy will get back to me, and my medical rotation is set to start on the 23rd of August. In my situation, I'd rather be told a 'no' than a maybe, but we don't know when we can tell you.

Seems as though I shot myself in the foot, and should have just applied for the VWP straight away. I'll apply to ESTA, but this denied visa probably won't help my cause - best be honest though. No harm in trying I suppose. Thanks for the help.

md95065

Are you sure that the activities you will be taking part in during your 3 weeks in Los Angeles are permitted under the VWP?

If they are, then why did you apply for a B visa in the first place and if they are not, then you couldn't legitimately go to the US under the VWP anyway.

Seems like you are in a hole right now (which you may or may not have dug for yourself) and all you can do is wait.

kclmedic

Yeh medical electives are permitted under the VWP. The reason I didn't apply for the VWP from the beginning was because I am also travelling to Grenada for the first part. One of the conditions of the VWP is that the airline that you travel on must be part of the programme. As I'm yet to find the cheapest flights, I wasn't sure what airline I would be using, so I thought I would play it 'safe' by applying for a visa - which has totally backfired!

Out of interest, if the embassy knows you need to be there by a certain date, will it make any difference to the processing time, or can a persons travel deadline simply pass them by and they've heard nothing? Not gona be much use to me if its issued in September

Noorah101

Once you get put on AP, everything logical goes out the window. It doesn't matter even if the embassy wants to be on your side because of your deadline travel date, but they have to wait for authorization from various other agencies.

There's no way to even guess at your chances of clearing AP in less than 70 days.

Rene

kclmedic

WOW! I applied for the visa waiver programme yesterday night! Clicked yes on having been denied a visa and in brackets wrote (admin processing).

I checked today and its been approved! Amazing, I can't actually believe it. California here I come!!

fingers crossed for a CBP officer that's in a good mood!

ian-mstm

You're playing with fire... I hope you don't get burned.

Ian

kclmedic

Actually I don't think I am. Just posting this up here in case someone in my position finds this thread:

quoted from the US London Embassy page:



*

Travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not prohibited from traveling visa free under the Visa Waiver Program. However, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

Therefore, they should ensure that they carry evidence of their intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's place of permanent residence. There is no set form that this should take as each person's circumstances differ. If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.



221(g) in this case being the form I received, stating admin processing.

fo1975

Hi everybody

I wonder if you managed to get to USA with visa waiver.I am in similar situation,despite being a british citizen and born in uk I was exposed to addministrative processing (13 weeks) and I urgently need to be there otherwise I may lose the funding for my fellowship.

please advise me if you know how to solve this problem

Regards

kclmedic

yeh I managed to go to America under visa waiver whilst waiting for admin processing. I had some problems at customs initially, as I had to say that my visa had been rejected...they said I wasn't really meant to but they let me in.

Ironically, my visa came through whilst I was in America. Visa waiver is your only option, but depends what you're going there for.

fo1975

hi kclmedic

how long was your case in AP. do you think I can do a clinical fellowship with VW?

Regards

Noorah101

Doubtful....doesn't that require a certain type of visa?

Rene

fo1975

hi Rene

in response to your question. I supposed to get J1 visa ,but I am risking losing my funding,so I have to try all options.

Noorah101

The VWP does not replace the J-1.

Rene