British Expats

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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Nonimmigrant Visa Waiver of Ineligibility Application (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/nonimmigrant-visa-waiver-ineligibility-application-713051/)

phil625sxc Nov 30th 2018 11:14 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi all, some great info on this thread so thanks for that.
My question - I think I saw in one reply that once the waiver is approved and the email arrives asking you to send in your passport for visa issuance this must be done in 30 days, is this correct?
Reason for asking is I needed the visa for cruise ship work, and as I could't get it I had to cancel a contract and so I'm trying to get similar work that doesn't require this visa, therefore in 6 months time when the email comes I could be overseas - does anyone know what happens if they don't receive the passport back within the 30 days, would this mean you would have to start the whole process again?
Many thanks in advance!

Jay1971 Dec 1st 2018 7:25 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
What I was told is that the sending the passport back process takes roughly 10 days from sending it to receiving it back

floridadream Dec 1st 2018 7:53 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I have read that you have to email them if you cannot post it to them within the 30 days.

materialcontroller Dec 1st 2018 7:57 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by phil625sxc (Post 12602514)
Hi all, some great info on this thread so thanks for that.
My question - I think I saw in one reply that once the waiver is approved and the email arrives asking you to send in your passport for visa issuance this must be done in 30 days, is this correct?
Reason for asking is I needed the visa for cruise ship work, and as I could't get it I had to cancel a contract and so I'm trying to get similar work that doesn't require this visa, therefore in 6 months time when the email comes I could be overseas - does anyone know what happens if they don't receive the passport back within the 30 days, would this mean you would have to start the whole process again?
Many thanks in advance!

If it bothers you so much, just plan to be in the UK/at home when the outcome is decided; or arrange to return to the UK temporarily in order to deal with it.

I don't know for certain, but I seem to remember one case on here where the applicant never received the email and consequently missed the passport return deadline. AFAIK they never had to start the complete process over again, but it may well be that it's specific to the circumstances of each individual case. YMMV.

It is likely to be a lot of hassle and bureaucracy though, so aim to avoid that by being at home and able to deal with things when the email arrives. Best of luck!

phil625sxc Dec 1st 2018 10:37 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Thanks for the replies guys.


Originally Posted by materialcontroller (Post 12602841)
It is likely to be a lot of hassle and bureaucracy though, so aim to avoid that by being at home and able to deal with things when the email arrives. Best of luck!

Yes, this is what I was imagining would be the case! And the jobs I would be looking at are 4-6 months so if I took one it wouldn't be easy to come back to the UK if the email arrives midway through the contract, so by the sounds of it I may be better off staying put and waiting.

Thanks.

bazza209 Dec 7th 2018 7:23 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi, sorry if this has been answered else where. How long should i wait before applying for a visa/waiver? Caution for possesion/attempted class A cocaine in March this year(2018).
Ps been reassured greatly by the info on this tread.

Thanks

shiversaint Dec 7th 2018 8:42 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by bazza209 (Post 12605617)
Hi, sorry if this has been answered else where. How long should i wait before applying for a visa/waiver? Caution for possesion/attempted class A cocaine in March this year(2018).
Ps been reassured greatly by the info on this tread.

Thanks

2021 at the earliest in my opinion, and I wouldn't be wholly confident. There isn't a whole lot of information on timelines as most people end up here with a pretty decent time stretch between their convictions and visa applications.

I was at 8 years when I applied for mine, with no issues. I suspect if I had gone in at 5 years it probably would have been okay too.

I've read 10 years many times as the "no problem at all" sort of mark.

bazza209 Dec 8th 2018 12:30 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by shiversaint (Post 12605640)
2021 at the earliest in my opinion, and I wouldn't be wholly confident. There isn't a whole lot of information on timelines as most people end up here with a pretty decent time stretch between their convictions and visa applications.

I was at 8 years when I applied for mine, with no issues. I suspect if I had gone in at 5 years it probably would have been okay too.

I've read 10 years many times as the "no problem at all" sort of mark.


Thanks, that’s what I was expecting but hope for better news. Oh well hopefully the next 5 years go quick!!

Jaime76 Dec 11th 2018 1:24 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi there, I'm from Australia but I couldn't find much information on any Australian sites and I'm hoping someone might have the answer to this. My husband had his interview in July. When we rang to find out what to bring, we were told a National Police Check was fine but of course it turned out that they wanted a Federal one. So, it was the 2nd week of September before we got that and sent it back to the US Embassy in Sydney.

My question is, would his processing time have started from his appointment in July or would they have waited until the police check came to send if off for processing making his start time September? When we log on it says Refused with his initial appointment date but we have no idea when it would have actually been sent for processing. This whole thing is so frustrating. Especially since the last time he was granted a waiver it took about 6 weeks.

shiversaint Dec 11th 2018 1:44 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jaime76 (Post 12607612)
Hi there, I'm from Australia but I couldn't find much information on any Australian sites and I'm hoping someone might have the answer to this. My husband had his interview in July. When we rang to find out what to bring, we were told a National Police Check was fine but of course it turned out that they wanted a Federal one. So, it was the 2nd week of September before we got that and sent it back to the US Embassy in Sydney.

My question is, would his processing time have started from his appointment in July or would they have waited until the police check came to send if off for processing making his start time September? When we log on it says Refused with his initial appointment date but we have no idea when it would have actually been sent for processing. This whole thing is so frustrating. Especially since the last time he was granted a waiver it took about 6 weeks.

Almost certainly when the Consulate received the full set of documents they needed, rather than the initial appointment date. Did you get confirmation that he was recommended for a waiver? They are normally pretty good about being explicit on that front. If so, the date you got that is when I would work from.

Jaime76 Dec 11th 2018 1:54 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by shiversaint (Post 12607616)
Almost certainly when the Consulate received the full set of documents they needed, rather than the initial appointment date. Did you get confirmation that he was recommended for a waiver? They are normally pretty good about being explicit on that front. If so, the date you got that is when I would work from.

Thanks...that's what I was thinking but it's so hard to get any real information.
The officer gave my husband the form saying he was recommending him for the waiver at his initial appointment. On the form it had 3 things checked that he needed to return. The police check, his passport and a cheque for the Visa issuance fee. A week after we returned everything he got his passport and the cheque back saying we can keep them until requested. I'm not sure why they bothered having him send them in the first place then.

shiversaint Dec 12th 2018 6:30 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jaime76 (Post 12607619)
Thanks...that's what I was thinking but it's so hard to get any real information.
The officer gave my husband the form saying he was recommending him for the waiver at his initial appointment. On the form it had 3 things checked that he needed to return. The police check, his passport and a cheque for the Visa issuance fee. A week after we returned everything he got his passport and the cheque back saying we can keep them until requested. I'm not sure why they bothered having him send them in the first place then.

Yeah I can see what you mean given he was already told he was being recommended. To be honest, with waivers, it's always best to work on a worst case scenario basis. Last year's wait times are case in point, some were taking nearly 8 months.

Jaime76 Dec 12th 2018 1:50 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by shiversaint (Post 12607981)
Yeah I can see what you mean given he was already told he was being recommended. To be honest, with waivers, it's always best to work on a worst case scenario basis. Last year's wait times are case in point, some were taking nearly 8 months.

Holy crap!!! In an unexpected turn, he got the email today that it's been approved! I can't believe it. I've literally been just talking to my friends about it today and yesterday as well as posting on here. We must have had a major run of cosmic good luck 😀

shiversaint Dec 13th 2018 2:49 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jaime76 (Post 12608182)
Holy crap!!! In an unexpected turn, he got the email today that it's been approved! I can't believe it. I've literally been just talking to my friends about it today and yesterday as well as posting on here. We must have had a major run of cosmic good luck 😀

Interesting, sounds a lot like the recommendation was sent off in advance then. Congratulations!

floridadream Jan 2nd 2019 11:25 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi, has anyone recently received their visa through the London embassy after being recommended for a waiver of ineligibility? If so could you please advise of the timescales. Belfast seem to be ahead of their predicted times, I would love to know of it's the same for London.

thanks in advance

materialcontroller Jan 3rd 2019 12:01 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by floridadream (Post 12615626)
Hi, has anyone recently received their visa through the London embassy after being recommended for a waiver of ineligibility? If so could you please advise of the timescales. Belfast seem to be ahead of their predicted times, I would love to know of it's the same for London.

thanks in advance

This information is unlikely to be of much use to you, as every case is judged on it's own individual merits and some will be taking considerably longer to adjudicate than others.

Sys Jan 4th 2019 11:09 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I went for interview in London and was told that will be put forward to homeland security for visa waiver and was given a piece of paper detailing the clause there was no reference no on it only date was put on the letter just checked on the Cesc website and the status is showing refused can please someone throw some light as to weather my file was sent for review even tough it is saying refused on the site when o check it

shiversaint Jan 4th 2019 12:05 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Sys (Post 12616373)

I went for interview in London and was told that will be put forward to homeland security for visa waiver and was given a piece of paper detailing the clause there was no reference no on it only date was put on the letter just checked on the Cesc website and the status is showing refused can please someone throw some light as to weather my file was sent for review even tough it is saying refused on the site when o check it

What happened to you is correct. You do not receive an additional reference number beyond what you already have. If you have been told that you are being recommended for a waiver, and were given the form detailing why you have been refused and that you're being recommended, then that is the case. The next thing that will happen is you'll receive an email asking for you to send in your passport once the waiver has been granted and they are ready to issue you a visa. Until that time, CEAC will show your visa as refused, as that is true, it has been refused. CEAC is often slow to be updated and gives very little information. Do not bother checking it every day as it likely won't show anything new until you have sent your passport in.

That email is likely to arrive in around 5-6 months time. Keep an eye on your email address that you gave the Consulate when you signed up to complete your DS-160, that is the address it'll be sent to.

Sys Jan 4th 2019 9:56 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Many thanks for your prompt and detailed reply just was confused as read the whole thread and there have been references to ref no on the waiver form that people had and was used to check the backlog the waivers.

laxkay Jan 10th 2019 10:21 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi all, new to this thread. Has anybody heard back from their visa app re a waiver of ineligibility that was interviewed early Nov 2018 in London? My husband was interviewed on Nov 1st and we're still waiting to hear something back!

christmasoompa Jan 10th 2019 10:54 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12619946)
Hi all, new to this thread. Has anybody heard back from their visa app re a waiver of ineligibility that was interviewed early Nov 2018 in London? My husband was interviewed on Nov 1st and we're still waiting to hear something back!

If you search this thread you'll find lots of timescales, I think about 5 months is the norm so you've got a way to go yet. No need to worry at all.

HTH and welcome to BE.

Sys Jan 11th 2019 5:39 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Any idea if the referrals will be delayed due to the shutdown which affects homeland security in the US

shiversaint Jan 11th 2019 8:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
DHS are supposedly working without pay, but I wouldn't be surprised if there is an impact.

laxkay Jan 13th 2019 9:16 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Sys (Post 12620158)
Any idea if the referrals will be delayed due to the shutdown which affects homeland security in the US

I think so. I've heard that there are. There's only so long people are going to work without pay!

laxkay Jan 31st 2019 1:27 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Have you heard anything?

Jay1971 Jan 31st 2019 4:05 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Nothing think the holidays gonna be cancelled

floridadream Jan 31st 2019 4:37 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I haven't heard anything either. We've changed our booking. I hope you hear soon.

laxkay Jan 31st 2019 8:48 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by floridadream (Post 12630413)
I haven't heard anything either. We've changed our booking. I hope you hear soon.


Yeah, we haven't either. We're gunna wait until the final minute before full payment is due and change the booking. Apparently the shutdown has been lifted for 3 weeks so fingers crossed for us all!

visawaiver Feb 2nd 2019 4:39 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi All I’ve been reading this thread with great interest last week or so and thought I’d post my plight regarding my application on here to see if anyone could give their opinions on whether my visa would be granted or not I apologise in advance if it’s been answered before but I can’t seem to see of anybody with my circumstances on here .....so I had my interview in London and it was denied for crimes of moral turpitude 20 odd years ago
1 common assault ( community service order )
2 theft from person ( 9 months Young offenders institution)
3 obtaining benefits dishonesty (conditional discharge)

But my problem aswell as the criminal record is that I was deported from the u.s 20 years ago for an overstay,having said that I was recommended for a visa of ineligibility,so my question being what do people think of my chances being granted with my case ...I’m a british passport holder and this was all when I was a stupid teenager .Thanks .

materialcontroller Feb 2nd 2019 4:51 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by visawaiver (Post 12631221)
Hi All I’ve been reading this thread with great interest last week or so and thought I’d post my plight regarding my application on here to see if anyone could give their opinions on whether my visa would be granted or not I apologise in advance if it’s been answered before but I can’t seem to see of anybody with my circumstances on here .....so I had my interview in London and it was denied for crimes of moral turpitude 20 odd years ago
1 common assault ( community service order )
2 theft from person ( 9 months Young offenders institution)
3 obtaining benefits dishonesty (conditional discharge)

But my problem aswell as the criminal record is that I was deported from the u.s 20 years ago for an overstay,having said that I was recommended for a visa of ineligibility,so my question being what do people think of my chances being granted with my case ...I’m a british passport holder and this was all when I was a stupid teenager .Thanks .

​​​​​You stand a good chance of getting the visa. It's very rare for a waiver recommendation to not be followed up. You just need to be patient and forget about it until you get the email informing you of the outcome.

visawaiver Feb 2nd 2019 5:08 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by materialcontroller (Post 12631225)
​​​​​You stand a good chance of getting the visa. It's very rare for a waiver recommendation to not be followed up. You just need to be patient and forget about it until you get the email informing you of the outcome.

thanks materialcontroller for your swift reply I hope your right I’ll just wait the 6-8 months .thanks again.

Jonnyboyo Feb 2nd 2019 10:01 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by claudyb (Post 9302631)
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?


hi
I know it's a long time ago but how did your husband get on with his Visa.. did you go to Florida. ??
My conviction was for theft 14yrs ago and wanted to see if I be wasting my time for a surprise holiday for my wife in Nov 19.. it is now Jan 19

Jonnyboyo Feb 2nd 2019 10:09 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I've been reading up a lot this morning... I have a minor conviction 14yrs ago for theft. I believe this now eliminates me for an ESTA and the procedure for a waiver takes months..
I live in northern Ireland , anyone in NI who had gone through same position??

I do not wish to spend all this money to be turned down... I want to book a holiday for November to new York , maybe I'll apply for everything first and then look nearer the time when I've been granted it. But the good deals are now

From reading some comments online is saying I must send my passport away but I can't risk that as got holiday to Mexico in Aug.





Sent from my Samsung Galaxy smartphone.

laxkay Feb 4th 2019 12:36 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Sys (Post 12620158)
Any idea if the referrals will be delayed due to the shutdown which affects homeland security in the US

Have you heard anything Sys

Sys Feb 4th 2019 1:10 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12632251)
Have you heard anything Sys

I guess it is too early for me as just had my appointment and referral on 2nd Jan so would be waiting another few months I guess, that’s with no further shutdowns I hope (fingers crossed tough)

materialcontroller Feb 4th 2019 2:46 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jonnyboyo (Post 12631504)
I've been reading up a lot this morning... I have a minor conviction 14yrs ago for theft. I believe this now eliminates me for an ESTA and the procedure for a waiver takes months..
I live in northern Ireland , anyone in NI who had gone through same position??

I do not wish to spend all this money to be turned down... I want to book a holiday for November to new York , maybe I'll apply for everything first and then look nearer the time when I've been granted it. But the good deals are now

From reading some comments online is saying I must send my passport away but I can't risk that as got holiday to Mexico in Aug.

Lots of people from all over the UK have been through the same process and there's a very good chance you will get the visa, given the length of time since the offence. Do not book any tickets or accommodation until after your visa has been granted and you've received your passport back from the consulate. If you apply now, you should have the visa back in plenty of time for a trip in November.

Jay1971 Feb 13th 2019 2:12 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Just got my email today asking me to send my passport ... I applied for my visa on Oct 5th at the Embassy in London .. Just under 4 months

laxkay Feb 13th 2019 2:19 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12636550)
Just got my email today asking me to send my passport ... I applied for my visa on Oct 5th at the Embassy in London .. Just under 4 months

Ah really good!! Congrats! My husband was 1st Nov so hopefully we're not too far behind you. You had to reschedule your holiday though right? If you don't mind me asking, what were your reasons for a waiver?

Jay1971 Feb 13th 2019 2:21 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Possession of a class a substance ... Was in 2011...

Jay1971 Feb 13th 2019 2:22 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Just a caution


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