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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Oct 26th 2011, 4:18 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

It is not uncommon for the pile of unadjudicated application to increase within the bowels of an agency until they are all adjudicated in short order. So, it is sometimes hard to extrapolate how far in the future a particular application will be adjudicated.

BTW, I have often told a story from one of the very first immigration cases I ever handled -- two I-130's filed on behalf of identical twin daughters. They were identical in all respects except for the middle name. [They were from a country which used the Family Register system instead of individual "birth certificates."] This was before the existence of Service Centers -- both petitions were filed at the local INS office at the same time. One was approved in 21 days. The other was "remoted" to the border inspection station in Skagway, Alaska in the Spring. The remoted applications sat there until the following winter when travel decreased to almost zero levels. Oh, BTW, we received an RFE, which was totally justified.
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Old Oct 31st 2011, 9:44 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Jonsie25
Pleased for you both, seems odd that we have had all different timings as mine was just under 12 weeks?

It is because i applied for a business visa? Let you know when i get my passport back!
Hello all got passport back this morning, just over a week from sending off after email.

Validity for a year, B1/B2 visa and entries 'M' so very pleased and relieved as I was worried that it would be single entry only!

Annotation: 212 (SMALL D)(3)(A) WAIVER OF 212 (A)(2)(A)(1) GRANTED. Anyone know what the small d is?
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Old Oct 31st 2011, 10:31 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Section 212(d)(3)(A)(ii) is the section of the Immigration and Nationality Act (INA) that provides waiver authority. They likely put "SMALL D" on the visa because their visa printing software apparently will only print annotations in caps.
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Old Nov 13th 2011, 8:32 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi sorry to ask but new to this, my hubby has been referred for waiver of inelligebility for a non immigrant holiday visa, I was under the impression that it was sent off from the embassy in London and we do nothing but wait to hear.
However someone said that he has to email and request the application be sent, panicing now because we have just been sitting back waiting to hear and his interview was weeks ago!!

xx
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Old Nov 13th 2011, 11:35 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by GinGino
Hi sorry to ask but new to this, my hubby has been referred for waiver of inelligebility for a non immigrant holiday visa, I was under the impression that it was sent off from the embassy in London and we do nothing but wait to hear.
However someone said that he has to email and request the application be sent, panicing now because we have just been sitting back waiting to hear and his interview was weeks ago!!

xx
Who told you this? And more importantly, what was hubby told by the embassy staff at his interview?
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Old Nov 14th 2011, 9:38 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi thanks for replying.

At the interview the consular officer said she would refer for a waiver and he should hear by 'phone' within 3 weeks.
However the letter that she gave him says 14-16 weeks and he would hear via email which is what I thought was more likely.

I was telling someone at work about it and they said " oh you don't get referred for a waiver you have to apply yourself, the consular officer has just given you permission to apply"

I don't have a ref number or anything so can't even phone.

We have waited 10 weeks this week so far from date of interview.

Thanks x
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Old Nov 14th 2011, 11:47 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by GinGino
Hi thanks for replying.

At the interview the consular officer said she would refer for a waiver and he should hear by 'phone' within 3 weeks.
However the letter that she gave him says 14-16 weeks and he would hear via email which is what I thought was more likely.

I was telling someone at work about it and they said " oh you don't get referred for a waiver you have to apply yourself, the consular officer has just given you permission to apply"

I don't have a ref number or anything so can't even phone.

We have waited 10 weeks this week so far from date of interview.

Thanks x
Firstly you should know that the embassy staff are sometimes mis-informed and are in fact allowed to deliver misleading information. I would disregard what was said at the interview.

The normal outcome would be for you to be notified by email and the process does indeed take around 14-16 weeks normally, as stated on the letter you were given (this is the blue VCU R3 form). From my own experience this year, and that of others on this forum, the current wait time for DHS to consider the embassy waiver request and make a decision is 15 weeks. There is nothing you can do except wait at this moment in time.

Your work colleague is obviously well-intentioned but also, sadly, mis-informed. They may be thinking about the waiver for an immigrant visa, which does involve making a seperate application. But that doesn't apply in your case.
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Old Nov 14th 2011, 11:49 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I would say that most people here have learned to ignore the masses of well intentioned friends who think they know the insides and outs of the immigration system. In a similar vein, consular staff are also capable of making mistakes. However i am infallible and i would trust in the letter.


I am on week 14 at the moment, wait times on the forum seem to be about 16 weeks to get the visa actually in hand.
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Old Nov 14th 2011, 11:53 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by terminalvelociraptor
I would say that most people here have learned to ignore the masses of well intentioned friends who think they know the insides and outs of the immigration system. In a similar vein, consular staff are also capable of making mistakes. However i am infallible and i would trust in the letter.


I am on week 14 at the moment, wait times on the forum seem to be about 16 weeks to get the visa actually in hand.
Around 15 weeks to receive decision by email, then you have to arrange collection of your passport. DX Secure are normally very good and will collect within one day. It can then take up to two weeks for the passport to be returned to you.
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Old Nov 14th 2011, 7:24 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thankyou all so much for your quick replys.

I'm not too worried about the length of time because I haven't booked anything yet, just hope everything is ok.

The consular officer said things could ' go either way' re. the decision to grant him the waiver.

The form is the vcu r3 form but it's on white paper not blue, sorry I'm so paranoid just desperate for him to get the chance to come on holiday and see how great it is.

If they say no I will never get him to go through this again he is so stubborn

We did begin the process a couple of years ago but just dropped out coz the hol was booked and no time, things were different that time though the bloke who interviewed him said he had to have a medical, which we booked but then cancelled but there has been no mention of a medical this time, is that normal??

Thanks so much for all your advice x
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Old Nov 14th 2011, 7:31 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Yes it could go either way, but the fact that the consular staff at the embassy are recommending the waiver is a big step in the right direction. There is no need to take a medical exam for a non-immigrant visa waiver (unless the inadmissibility is on medical grounds of course). Just be prepared for the fact that the waiver will only have very limited validity if granted. For example my first waiver was for 12 months duration and 1 entry into the USA only.
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Old Nov 16th 2011, 12:46 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller
Yes it could go either way, but the fact that the consular staff at the embassy are recommending the waiver is a big step in the right direction. There is no need to take a medical exam for a non-immigrant visa waiver (unless the inadmissibility is on medical grounds of course). Just be prepared for the fact that the waiver will only have very limited validity if granted. For example my first waiver was for 12 months duration and 1 entry into the USA only.
A quick straw poll, for those who have recently recieved waivers from the London consulate. What time of the day was your 'send passport' email sent?

I'd love to be able to just check my email once a day and know i am not missing anything the rest of the day, (i.e. if they consistently send the emails out in the morning) but at the moment i am a little obsessed and constantly checking my mail.

Week 14 complete tommorow! Good luck anyone else still waiting.
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Old Nov 16th 2011, 1:55 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by terminalvelociraptor
I'd love to be able to just check my email once a day and know i am not missing anything the rest of the day, (i.e. if they consistently send the emails out in the morning) but at the moment i am a little obsessed and constantly checking my mail.
Respectfully, you really need to step away from the computer. When a decision is made, you'll be informed. As an aside, I'm reminded of a snippet in Harry Potter where Harry is staring at the Mirror of Erised... hoping that what he sees will become a reality.

Ian
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Old Nov 16th 2011, 1:58 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Respectfully, you really need to step away from the computer. When a decision is made, you'll be informed. As an aside, I'm reminded of a snippet in Harry Potter where Harry is staring at the Mirror of Erised... hoping that what he sees will become a reality.

Ian
Haha, i quite agree. I am going off the deep end a little!
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Old Nov 16th 2011, 3:57 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks for your answers, it's good to know I'm not the only one obsessed, my trouble is that my hubby couldn't care less, it's me who's desperate to go back. He says he's only doing it to shut me up about how great it is x x
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