Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi everyone

I have seen lots of different advice on Visa Waivers for CIMT on here but am in need of some advice from anyone who knows...I am a British citizen with a UK passport.

In 2004, I was convicted of theft from a shop (aged 19). I am now 25 and a full time university lecturer.

Last April 2010 I was given a Waiver of Ineligibility and B1/B2 visa issued. I ended up travelling to South Africa on another conference so did not actually travel on the issued B1/B2 visa and have never travelled to the US in my life.

In February 2011 this year my employer asked me to present in a conference in Las Vegas. I agreed and my employer booked return flights departing 2nd May 2011 returning 8th May 2011 (they are not aware of my 1 and only previous conviction).

As my existing visa issued in April 2010 expires on 14th April 2011 - On 15th February 2011 I had an appointment at the London Embassy. A waiver was requested by the consular officer and she stated that a review typically takes 1 month and it should (but not guaranteed) be completed before I am due to depart.

I am getting worried now as my existing visa expires on 14th April and consequently I need a new visa to travel to the US in two weeks time. Does anyone know or have any advice on the likelihood of the review being completed by then or are the embassy waiting for my existing visa to expire in a few days?

Any help and advice would be gratefully received.

Thank you!!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I'm sure someone who knows better than I will be along shortly, but my understanding is that once you receive a Waiver of Ineligibility it remains valid thereafter - and isn't dependent on whether or not the original visa has expired.


I doubt they're waiting for your current visa to expire, but I'm not sure anyone can say whether or not your visa will be processed in time.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi
My husband is in a similar situation; he has an 18yr old drug conviction,from when he was a young teenager, and had his embassy interview on 25th Feb, where he was recommended for a waiver of ineligibility. We won a holiday to Florida arranged for 27th May, as we haven't heard anything re the waiver yet I have enquired about changing the date which will be in excess of £750!! I'd be interested to see if bgs got hers in time. Also if anybody has any other experiences?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I am desperately waiting for some news about my application. If I dont hear anything in the next 10 days, my chances of going to Vegas is very slim. I have emailed the Consular Information Unit (CIU) and I get the reply "your case is still under review by a consular". It would be far more helpful if some kind of indication was given as to the status. I wonder how the review process works? I can only assume the review takes so long as they have so many applications to sift through? As it surely does not take 1 person 90 days to review an application. I am suprised at the length of time as I have previously received a waiver for my 1 conviction and I have never been in trouble since. Furthermore I never travelled to the US in my life. Pragmatically speaking I would assume that my current application would involve comparing one ACRO certificate to the previous ACRO certificate which show identical information and then in accordance with the INA issue a visa as before. Maybe my assumptions are incorrect....

I would imagine your husband will be ok as he has just about allowed for the prolonged additional administrative processing time! The quoted time for a review is 90 days. I asked the consular officer how long the review takes and she said "typically 1 month" so I am trying to remain optimistic.

Is it the first time your husband has applied for a visa at the US embassy?

I know that the waiver of ineligibility application needs to be referred to the Department of Homeland Security for a final decision to be made but I am curious to know if this is DHS in the US or a representative/Visa Co-Ordination Officer/Unit within the US Embassy London reviews the case.

I hope your husband gets his visa in time. I will post again as soon as I receive any updates from the US Embassy London. Good Luck!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi,
My husband has never applied for a Visa before, and after this experience I doubt we'll ever do it again! Do you have the e-mail address for the consular information unit? I have repeatedly tried the embassy e-mail address, but don't get a reply, and i've called the £1.23 a minute info line but all I get is 'you'll be told when the application has been processed' but I realise this could take in excess of 16 weeks which means he won't be able to come. I think considering the amount the process costs (police certificate, appointment fee etc) the least they could do is keep people informed; it's a nightmare and i'm beginning to wish i'd never won the prize!
Fingers crossed for you bgs, let me know if you hear anything.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi

Yes I completely agree, given the money you expend on the whole process, you think you would be entitled to a little customer service!

The email is [email protected]. HOWEVER you need a CIU code in the subject line or the email will automatically be deleted automatically and not read. A CIU code is only available from the premium rate telephone operater assistant line.

Perhaps say something along the lines of, the consular said that if I had not heard anything from the embassy within X number of weeks then I should email to check. If you articulate your reason correctly, they will usually give you a CIU subject line code.

Good luck again!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Or, you could enter the US 2 weeks early, before your current visa expires! Extended holiday + conference in May.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Sadly, her visa expires today, so I'm not sure how practical that'd be! However, your suggestion was actually quite brilliant. The requirement is that the visa is valid upon entry to the US. There's no requirement (of which I'm aware) that the visa remain valid during the stay in the US. Had she left two days ago, she'd have been fine!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thank you for that suggestion - the thought had crossed my mind but my employer would not be very happy!!

Ben

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The 212(d)(3)(A) waiver evaporates when the visa expires. Sometimes the consular official cannot grant a visa with a waiver of inadmissibility without also getting approval from a DHS/CBP office in the United States. That office may have to get their hands on your alien file. That file is likely in storage when not in use and must be requested, shipped, received, and reviewed. That can add processing time.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You don't give any details, but any drug related convictions are usually a huge red flag and next to impossible to overcome, unless the conviction was for 30 grams or less of cannabis. Don't know what difference if any, it will make that he was a minor at the time.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi,

The 30 gram rule has absolutely zero to do with nonimmigrant visas or nonimmigrant waivers. People receive nonimmigrant waivers to overcome ineligibility due to fraud/misrep, false claim to US citizenship, drug possession, drug trafficking, and CIMTs quite often.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ok, so the 30 gram rule only apply to immigrant visas. Thanks for the clarification.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I'm sure I already know the answer to this question but is there any way to expedite the waiver process? I.e. can an attorney help? I'm sure the answer is no and wait but just checking to see if anyone has had any sucess in speeding up their review?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

No.


No.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi everyone

Could some people give me some advice on this:

My plan B (if it does not break any US laws) was to perhaps fly to Vancouver and cross by land down to Seattle, then take a domestic flight from Seattle to Las Vegas, then depart from Vegas airport back to London.

I noticed that ESTA is not required for land crossings, but would I be in violation of US law by attempting to do this. The last thing I want is to break any laws, but the various requirements seem to only relate to travel by air or sea?

Any advice on this would be most helpful.

Thank you.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

That's a bad idea. You're simply not eligible for VWP travel because you need a waiver of inadmissibility. It is highly unlikely that you would receive a warm welcome.

As a side note, you are most likely ineligible to travel to Canada without their version of a waiver.

BTW, Were you ever denied ESTA before you sought the visa?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I was approved for ESTA travel approximately 2 years ago when it was free to apply. But now that my passport is in the system as one requiring a waiver I agree it would be a foolish attempt!

I did fully understand the requirements for land crossings.

Thanks crg for your advice

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi everyone

Quick update, just received notification that the embassy are ready to issue the visa! Just about in time!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

They are proper wangers arnt they?

Pay so much for shite service, starting to think they really dont want us lol.

Im in exactly the same position. Previously issued a waiver in 2009 they gave me 6 months and 1 visit, which i didnt use.

Went for interview July 7th and was recommended for waiver and travelling on Sept 2nd.

I have emailed them multile times and all I get is the standard "leave us alone" response, no timescales nothing.

How long does it take for someone to pick up a piece of paper and tick a yes box in a computer ffs? My record is identical to when they granted a waiver 2 years ago.....

Anyway, BGS, how long after you got sent that "ready to issue" email did you have the visa and passport back in your hand? Assuming you arranged collection with DX secure the same day?

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Why did you apply for a waiver if you weren't going to use it?


They probably think you're not going to bother using it this time also... so why should they make the effort?

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

They probably didn't have to ask DHS to issue the single entry visa for six months. They may have to ask this time, thus the delay.

Don't you wish that you didn't make the decision that lead to you being inadmissible without a waiver in the first place?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I didn't go because work commitments came up at the time. I also wasn't expecting a 6 month single visit visa after all the hoops you have to jump through let alone the expense. You go to embassy they sit you down for hours and treat you like shit schoolkid. It's ridiculous. Yes I do regret my past but were talking 20 years ago. You don't think about these things when your younger.

Anyway I wasn't here for a flaming I was here to ask OP what his turnaround time after email was.

I've sent them emails telling them we've spent nearly 4 grand on a hol and if its a realistic timescale so we can cancel now if it is and they simply don't give a shit replying stop bothering us. It's now putting a strain on my relationship.

My record has not changed nothing has changed so why can't they just tick the box?

Last time they emailed me asking why I didn't have travel dates. This time they email me saying I shouldn't have made travel dates. Which one do they want lol?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

As I said in my prior post, they can often issue short term visas for old criminal records quickly, but subsequent visa applications may need to be sent back to the US for approval. That adds to the processing time. It's not uncommon for a second application to take longer than the first one because of that fact. Ideally, one should not book a trip until they have the visa in their hand, especially if they need a waiver of ineligibility.

I do wish you luck. I hope you do get the visa in time.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks. No it went through exactly the same process last time. Problem is then I was in no rush :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just been to the embassy myself, they have recommended a waiver and said due to holidays it will take 2 months :frown:

Told me i would receive an email, i take it its 2 months for the email then i have to send my passport off? How long did it take you to receive the email and how long once you sent your passport off to get it back?

i have applied for a work and tourist visa and left a letter with them from work explaining I'm going there in a months time,

Thanks in advance

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I'm now month since my interview and not a dicky bird :(

I have emailed them and they don't seem to give a shot about my travel dates.

I think the 2 months is minus sending the passport which takes a further 15 days.

If I don't get confirmation in the next 2 weeks I'm simply not going and I've lost 4000 quid.

Can you keep me posted on any updates mate? Good luck.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes no problem, if you can do the same as well as you seem to be further down the line than me, also worrying is that they gave me the waiver sheet back without a reference number! Do you know if this is the same as the one they gave and put on the blue form, your call out number then a long number?

Good luck!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Think they call it a batch number. Is that the refusal form? Dunno if mine had one cos I chucked it away. I then found on there site a tracking thing. Giro non immigrant visas then administrative processing. There is a tracker PDF file. I emailed them and they gave me my batch number however they told me not to expect to see my case on there as with criminal records it's not classed as "administrative processing" ....

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

No it's not the same number. Batch number begins 21 or sommat and is about 15 numbers long.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Anything yet mate? Nothing for me and im meant to leave 2nd Sept :( 3500 quid down the drain, morons

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Those morons should have called you at home to remind you that your visa is expired and to apply sooner?

:)

I do hope you get it in time, but you should have applied earlier and before purchasing tickets.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

For the money they charge, and shoddy service they give, yes they should have!

I purchased tickets 3 months in advance they won't let you apply without dates yet then tell you you shouldn't have booked dates! Clowns. How long does it take to open a file and click "yes"?

If I ran my business like their show I'd be out of business. Which probably explains why their country is going out of business. Their couldn't care less attitude and rude emails frankly suck.

Rant over

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You need to give them dates, but that doesn't mean you need to go ahead and buy tickets etc. I got a B2 tourist visa waiver of ineligibility last year without having definite travel dates sorted out, and I've applied for another one this year - again by only providing "provisional" travel dates. If you don't have definite travel times, you can give them a guesstimate.

It's always a good idea to apply for the visa/ waiver first; before committing to buying tickets. In my opinion even allowing three months in advance is hopelessly optimistic when the embassy says it can take upto 16 weeks or more for a waiver decision. Then, don't forget, you have to courier your passport to/ from the embassy for the waiver to be issued and that can take a further minimum of 2 weeks.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Tell me about it. I naively thought I wouldn't even need an interview this time. Seeing as nothing had changed. Costly mistake.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Did you get flight tickets that can be moved? There is usually an administrative fee for that, plus if the new flight is more expensive you pay the difference, but it would presumably cost a fair bit less than the amount you would lose if the tickets went down the drain.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Well sort of. Travel agent is stating 300 quid each to change virgin flights, new internal flights cos there like ryanair non refundable and stating hotels are more expensive. So it's still like 1500 quid more. They won't let me park it so what date do I change it to? What happens if they deny my visa this time etc or the dates go by again.... Would the fact I've been harassing them by email ALOT effect my case? It really is a pain in the ass

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Did they say how long it would take at the interview at the embassy? As mentioned before they told me 2 months, I questioned to confirm as I thought it was 90 days and they said no 2 months.

As mentioned before keep me informed, I'm not expecting to hear anything until the end of September at the earliest

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

She said 8 weeks. Then I emailed them and they said 8 weeks was realistic, now they are saying "16 weeks or more"

They are well aware of my situation and well aware on my intended travel date but all ive had is complete non commital from them. Disgusting.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

16 weeks, when did they say that? I'd be screwed if that happened to me as i'm applying for a business visa to work!