multiwick

Was just wondering if anyone knows why the DHS are taking so long to issue the visa waivers?
My husband goes every year for a visa and the DHS always issue the waiver and return his passport within 3 days of the interview. He has had 4 visas in the past 4 years and no circumstances have changed in this time.
This year he went for his interview in February and again the consulate kept his passport and told him that 'he knows the process, your passport will be back soon!'. However we are now 12 weeks down the line with no visa or passport as the embassy kept the passport.
If it was going to take so long, why did they keep his passport? Also he has had 4 previous visas and the current one was still valid at the time of interview!
We only ask for a B2 holiday visa to go to Florida with the children each year and this is the same this year!
Please reply with your thoughts. Thanks

crg

How long were each of the previous visas valid for?

Sometimes the consular officer can issue the visa without checking with DHS but for a shorter period of validity. Sometimes the consular officer decides to go for a visa that is valid for longer and must get DHS approval.

multiwick

Each visa has been only issued for a year. that's why he goes every year.
It's so frustrating that he's had 4 previous in past 4 years which all have come back within 3 days of interview but this time so far 12 weeks.
His criminal record was 15 years ago and for 'handling stolen goods' and only got £150 fine, so it wasn't anything major either! He's had no further change in circumstances.

dan12345678

Any advice re CIMT and what kind are given waivers. Does unconditional discharge for being in possession of a road sign pass muster

multiwick

CIMT???

crg

The consular officer is often able to approve the one year visas with the waiver without checking with DHS.

I suspect that it's taking longer now because the consular officer is trying for a 5 year visa. The official must get approval from DHS to issue the visa/waiver with longer validity.

CIMT = Crime Involving Moral Turpitude.

The £150 fine relevant. What matters is the maximum possible sentence that could have been imposed.

If he needs a waiver for a single CIMT offense, only received a small fine and no jail sentence (suspended or served) then the maximum sentence possible for this offense (if they had thrown the book at him) must have been more than one year.

On the bright side, the visa he gets should be valid for 5 years or more.

crg

Absolute discharges are a free pass. If a determination of guilt was made and the possession of the stolen property is a CIMT that could be a problem.

However, if the max possible sentence was a year or less and there wasn't a significant amount of jail time served or suspended (more than six months) then the offense would qualify for the single petty offense exception and no waiver would be required.

There are also juvenile exceptions as well.

multiwick

There was no sentence issued just the fine and community hours unpaid work.
However... Is it normal practice for the embassy to keep a persons passport for months at a time? Surely if they know it's going to be a lengthy back logged process, would they not advise you at the interview and give you your passport back then request it when your visa is ready??? We have already had to turn down a trip away as passport still at embassy.

scrubbedexpat099

It seems that they did not use to take too long and now they take 4 to 6 months, give or take.

crg

They'd likely give it back if asked to do so.

materialcontroller

Are you sure about this? The guidance in the FAM states that waivers of longer than 12 months duration are usually considered only for those aliens who have a need to travel regularly.

crg

I'm sure. Also, it sounds like this person has traveled on the last 4 one year visas. That's pretty regular.

multiwick

Yes he has had 4 visas. 1 each year.
My next question is... When will the visa be issued from? Ie will it be issued from back in february when he went for the interview or do you think it will be issued from now etc?

Noorah101

It will be issued from whenever the visa gets approved by DOS. At this point, I don't think we know that information.

Rene