British Expats

British Expats (https://britishexpats.com/forum/)
-   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/)

laxkay Feb 13th 2019 3:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12636561)
Just a caution

Cool, thats good then. My husband was class b back in 2008, same - caution. So I'm hoping he gets approved too!
I hope you have a good break!

r3idjimmy Feb 13th 2019 4:42 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi All,

I have read lots of the stories, and its good to hear some of the successes!

I am a UK citizen and have 1 conviction for possession of a class A substance (2 ecstasy pills) 7-8 years ago where I received a fine. It was a one off stupid mistake which I have totally regretted.

I am hoping to go to USA for a holiday next year and thinking of starting the visa/embassy process.I understand lots of people lie and go the ESTA route, however, even putting the fact this is offence aside, it would also cause major issues in the future if...
  • UK relax the rules of sharing criminal records with the USA.
  • ESTA process is retired.
  • I needed a work visa.
  • I wanted to live in the USA.
(I don't have any plans for this, however who knows what the future holds)

7-8 years on from my conviction I have had good career (even had a job with a large USA defense firm during this time), bought a house, got married and now have a daughter.

I understand I would need to visit the embassy where they would most likely deny the visa due to the nature of the drug offence.

My questions are:
  • What is the the likelihood of the embassy official recommending I am put forward for a waiver of ineligibility?
  • What do you feel the likelihood of being offered a B2 Visa after going through this process is?
Thank you.

materialcontroller Feb 13th 2019 5:09 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by r3idjimmy (Post 12636615)
Hi All,

I have read lots of the stories, and its good to hear some of the successes!

I am a UK citizen and have 1 conviction for possession of a class A substance (2 ecstasy pills) 7-8 years ago where I received a fine. It was a one off stupid mistake which I have totally regretted.

I am hoping to go to USA for a holiday next year and thinking of starting the visa/embassy process.I understand lots of people lie and go the ESTA route, however, even putting the fact this is offence aside, it would also cause major issues in the future if...
  • UK relax the rules of sharing criminal records with the USA.
  • ESTA process is retired.
  • I needed a work visa.
  • I wanted to live in the USA.
(I don't have any plans for this, however who knows what the future holds)

7-8 years on from my conviction I have had good career (even had a job with a large USA defense firm during this time), bought a house, got married and now have a daughter.

I understand I would need to visit the embassy where they would most likely deny the visa due to the nature of the drug offence.

My questions are:
  • What is the the likelihood of the embassy official recommending I am put forward for a waiver of ineligibility?
  • What do you feel the likelihood of being offered a B2 Visa after going through this process is?
Thank you.

Given the time since the offence, along with the other circumstances mentioned, you probably stand a fair chance (better than 50%) of being recommended for a waiver and having a visa granted.

You mentioned possibly going to live in the USA in the future. You should realise that your conviction for possession of Class A drugs means it is impossible for you to get an immigrant visa.

Jay1971 Feb 13th 2019 4:58 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi ya, you will have to apply for a full visa so don't waste anytime Any caution of any description makes you unable to get an ESTA I had to, I have a caution dating back to 2011 for Possession of a class a substance ... I went to the embassy on Oct 5th I was refused a visa But the interviewing officer put me forward for a Waiver of Ineligibility I got the email yesterday asking to send my passport to the embassy so mine took 4 months 9 days I am rebooking my holiday though but hey I should be definately going next year 👍

materialcontroller Feb 13th 2019 9:27 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12636845)
Hi ya, you will have to apply for a full visa so don't waste anytime Any caution of any description makes you unable to get an ESTA I had to, I have a caution dating back to 2011 for Possession of a class a substance ... I went to the embassy on Oct 5th I was refused a visa But the interviewing officer put me forward for a Waiver of Ineligibility I got the email yesterday asking to send my passport to the embassy so mine took 4 months 9 days I am rebooking my holiday though but hey I should be definately going next year 👍

Sorry, but that bit that I've highlighted in bold, is incorrect. Not every caution, indeed not even every conviction, makes you ineligible or unable to use ESTA. It depends on the exact circumstances of each offence as to whether or not they're relevant for US immigration purposes.

laxkay Feb 14th 2019 9:26 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12636845)
Hi ya, you will have to apply for a full visa so don't waste anytime Any caution of any description makes you unable to get an ESTA I had to, I have a caution dating back to 2011 for Possession of a class a substance ... I went to the embassy on Oct 5th I was refused a visa But the interviewing officer put me forward for a Waiver of Ineligibility I got the email yesterday asking to send my passport to the embassy so mine took 4 months 9 days I am rebooking my holiday though but hey I should be definately going next year 👍

How long did you get your visa for btw??

Jay1971 Feb 14th 2019 11:03 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I attended the embassy on Oct 5th last year to apply for my visa .. My email came yesterday regarding my Waiver Of ineligibility .. So 4 months and 9 days .. It will still take an additional 7-10.working days to get my passport back once I send it to the embassy

laxkay Feb 14th 2019 11:21 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12637482)
I attended the embassy on Oct 5th last year to apply for my visa .. My email came yesterday regarding my Waiver Of ineligibility .. So 4 months and 9 days .. It will still take an additional 7-10.working days to get my passport back once I send it to the embassy

Sorry, I meant how long is your visa valid for?

materialcontroller Feb 15th 2019 2:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12637495)
Sorry, I meant how long is your visa valid for?

Five years and multiple entries seems to be the usual validity given to applicants needing a waiver of ineligibility in the last couple of years

laxkay Feb 15th 2019 2:44 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
So my husband got an email to say his passport needs to be sent off but it doesnt say whether he's been granted the VISA. It just says: Please submit passport for visa processing. Please note that you have 30 days from today in which to resubmit your passport. You are NOT required to submit any other additional documents.

Does this mean he has been issued the visa?

P-don Feb 15th 2019 3:36 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12637588)
So my husband got an email to say his passport needs to be sent off but it doesnt say whether he's been granted the VISA. It just says: Please submit passport for visa processing. Please note that you have 30 days from today in which to resubmit your passport. You are NOT required to submit any other additional documents.

Does this mean he has been issued the visa?

I was recommended for a waiver in December and was expecting to wait till June for the e-mail, maybe a chance i’ll get it a bit earlier.

materialcontroller Feb 15th 2019 3:52 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12637588)
So my husband got an email to say his passport needs to be sent off but it doesnt say whether he's been granted the VISA. It just says: Please submit passport for visa processing. Please note that you have 30 days from today in which to resubmit your passport. You are NOT required to submit any other additional documents.

Does this mean he has been issued the visa?

Yes, it means they want his passport to be able to put the visa inside it.

karenkaren1 Feb 15th 2019 8:05 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12637588)
So my husband got an email to say his passport needs to be sent off but it doesnt say whether he's been granted the VISA. It just says: Please submit passport for visa processing. Please note that you have 30 days from today in which to resubmit your passport. You are NOT required to submit any other additional documents.

Does this mean he has been issued the visa?

visa processing means processing his visa

laxkay Feb 18th 2019 3:22 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Okay, so just to keep you all updated - My husband went for his appointment on the 1st Nov 2018 and was recommended a waiver. He then received an email that stated to send his passport for "visa processing" on the 15th Feb 2019 so thats 15 weeks and 1 day. We've sent off his passport (on Sat) so will keep you posted on when its returned.

Fingers crossed for those of you that are waiting and are in sticky positions!

Yoby Feb 18th 2019 6:00 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12638862)
Okay, so just to keep you all updated - My husband went for his appointment on the 1st Nov 2018 and was recommended a waiver. He then received an email that stated to send his passport for "visa processing" on the 15th Feb 2019 so thats 15 weeks and 1 day. We've sent off his passport (on Sat) so will keep you posted on when its returned.

Fingers crossed for those of you that are waiting and are in sticky positions!

Hi Laxkay,

How long was your husband quoted it would take for it to be done?

thanks

laxkay Feb 18th 2019 6:11 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Yoby (Post 12638957)


Hi Laxkay,

How long was your husband quoted it would take for it to be done?

thanks

Hey, at the appointment, he was told 6-8 months but he emailed the general London address a couple of weeks back and they said 3-6 months.

Yoby Feb 18th 2019 6:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12638961)
Hey, at the appointment, he was told 6-8 months but he emailed the general London address a couple of weeks back and they said 3-6 months.

I had my meeting on the 13th of November, and was told 5 months. So fingers crossed mine comes in the next couple of weeks.

Honeymoon is in April so there’s still abit of time.

Thanks

laxkay Feb 18th 2019 6:59 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Yoby (Post 12638965)


I had my meeting on the 13th of November, and was told 5 months. So fingers crossed mine comes in the next couple of weeks.

Honeymoon is in April so there’s still abit of time.

Thanks

Oh yeah, I hope you hear from them soon. We have a holiday booked in June, but the final date to make any changes without any cancellation charges is March so hopefully his passport comes back in time! Congrats by the way.

hhg92 Feb 18th 2019 8:28 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
My family is taking a cruise from FL in April and my husband had to apply for a visa waiver because of possession of marijuana when he was 20y/o.
We didn't think it would be a problem receiving a ESTA/VISA so we were very "late" in the process and he was recommended for a waiver on December 10th only giving the boarder security exactly 4 months to answer which I now see is extremely unlikely..
Anyone who applied around end of November/beginning of December who has received an answer??



materialcontroller Feb 18th 2019 8:37 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by hhg92 (Post 12639009)
My family is taking a cruise from FL in April and my husband had to apply for a visa waiver because of possession of marijuana when he was 20y/o.
We didn't think it would be a problem receiving a ESTA/VISA so we were very "late" in the process and he was recommended for a waiver on December 10th only giving the boarder security exactly 4 months to answer which I now see is extremely unlikely..
Anyone who applied around end of November/beginning of December who has received an answer??

The timing is very tight. In addition to the 4+ months waiting for the waiver decision, you also need to add on a further 1-2 weeks for the passport to be sent off and turned around with the visa inside.

If your cruise is in the latter part of April, it might just work out; but you should still be prepared for the possibility that he won't have his visa in time and will have to miss the trip.

hhg92 Feb 18th 2019 8:38 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by materialcontroller (Post 12639013)
The timing is very tight. In addition to the 4+ months waiting for the waiver decision, you also need to add on a further 1-2 weeks for the passport to be sent off and turned around with the visa inside.

If your cruise is in the latter part of April, it might just work out; but you should still be prepared for the possibility that he won't have his visa in time and will have to miss the trip.

is the passport sent to the USA or just to the USA embassy in my country?

materialcontroller Feb 18th 2019 8:43 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by hhg92 (Post 12639014)


is the passport sent to the USA or just to the USA embassy in my country?

It is sent to your local US consulate in your country.

hhg92 Feb 18th 2019 9:16 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by materialcontroller (Post 12639017)
It is sent to your local US consulate in your country.

Ok I live in a very small country hopefully that will shorten the waiting time a little bit..

Thekopman Feb 18th 2019 11:03 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi all

New to forum but was hoping for a bit of help. After being refused visa last Tuesday and having to cancel a family trip to New York this Saturday I am a bit in the dark regarding if there is anything I can do just to be sure the waiver application is going ahead and that I don’t need to do anything my end.

I was given the white piece of a4 with the “moral turpitude reason” ticked and this also says towards the bottom that I have been recommended for waiver. (the very abrupt and to the point officer also said she would recommend the full 5 year). This seems quite straight forward but there is no note of this on my account which simply still states “appointment” stage.

I am sure it’s fine and patience is now the key but people have mentioned an email that I can send just to ensure it’s in motion (I realise no progress report will ever be available).

Any help would be appreciated.

materialcontroller Feb 19th 2019 4:40 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Thekopman (Post 12639280)
Hi all

New to forum but was hoping for a bit of help. After being refused visa last Tuesday and having to cancel a family trip to New York this Saturday I am a bit in the dark regarding if there is anything I can do just to be sure the waiver application is going ahead and that I don’t need to do anything my end.

I was given the white piece of a4 with the “moral turpitude reason” ticked and this also says towards the bottom that I have been recommended for waiver. (the very abrupt and to the point officer also said she would recommend the full 5 year). This seems quite straight forward but there is no note of this on my account which simply still states “appointment” stage.

I am sure it’s fine and patience is now the key but people have mentioned an email that I can send just to ensure it’s in motion (I realise no progress report will ever be available).

Any help would be appreciated.

I think you are worrying unnecessarily. It is perfectly normal for your case status to not be updated. Just be patient and let the process run its course. There is nothing more you can do now.

Thekopman Feb 19th 2019 4:55 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Many thanks. So not having an update even to say the appointment was a refusal is normal?

Has anyone got an email address as I have seen a few people say they at least got an “in progress” reply.

This would set my mind at rest as seen some stories of bad administration and cases just sat there for many months.
Cheers

floridadream Feb 19th 2019 5:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi, I have the email address for the london consulate ...
[email protected]


Thekopman Feb 19th 2019 6:46 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Many thanks. Will give that a go 👍

Jay1971 Feb 19th 2019 6:34 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Hi ya i recieved my update for my Waiver last Thursday. when I send my passport off if they stamp it does that start date of my waiver start from the day my status was updated to 'send documents' or from the actual day they receive my passport in the post

materialcontroller Feb 19th 2019 9:20 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by Jay1971 (Post 12639990)
Hi ya i recieved my update for my Waiver last Thursday. when I send my passport off if they stamp it does that start date of my waiver start from the day my status was updated to 'send documents' or from the actual day they receive my passport in the post

It usually begins from the date the consulate processes your visa and sticks it inside your passport.

Jay1971 Feb 19th 2019 11:07 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Excellent, hanks for that I'm sending it Friday as I'm travelling to LA Feb 8th next year

DaveMB Feb 21st 2019 7:13 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12638862)
Okay, so just to keep you all updated - My husband went for his appointment on the 1st Nov 2018 and was recommended a waiver. He then received an email that stated to send his passport for "visa processing" on the 15th Feb 2019 so thats 15 weeks and 1 day. We've sent off his passport (on Sat) so will keep you posted on when its returned.

Fingers crossed for those of you that are waiting and are in sticky positions!

Hi,
I have also received my email to send my passport.
Did you just post your passport to the consulate for processing.

Thanks

Yoby Feb 21st 2019 8:01 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by DaveMB (Post 12641502)
Hi,
I have also received my email to send my passport.
Did you just post your passport to the consulate for processing.

Thanks

Hi Dave,

When was your appointment?

Thanks

laxkay Feb 21st 2019 8:19 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by DaveMB (Post 12641502)
Hi,
I have also received my email to send my passport.
Did you just post your passport to the consulate for processing.

Thanks

Hey, yeah we just sent his passport as the email stated not to send anything else and just the print off of the barcode that they provide. We're still 50/50 though as it could still come back declined. The email just said visa processing, not visa issuance which is what somebody else received earlier in the thread!

Jay1971 Feb 21st 2019 8:54 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Yes I've, sent my passport yesterday for processing special delivery but paid the £120 for the courier to bring it back me

materialcontroller Feb 21st 2019 9:16 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12641538)
Hey, yeah we just sent his passport as the email stated not to send anything else and just the print off of the barcode that they provide. We're still 50/50 though as it could still come back declined. The email just said visa processing, not visa issuance which is what somebody else received earlier in the thread!

With all due respect, why do you think they would ask for you to send in your passport if they were going to deny your visa? :confused:

laxkay Feb 21st 2019 9:59 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by materialcontroller (Post 12641560)
With all due respect, why do you think they would ask for you to send in your passport if they were going to deny your visa? :confused:

Honestly, to stamp it as denied? I've read that if a waiver is approved then you get a visa but I haven't read anything about a process if it's denied!

Jay1971 Feb 21st 2019 11:21 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Are the wavers normally issued for a year!? With the visa

Jay1971 Feb 21st 2019 11:27 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Also if I say get a 5 year waiver some people have done and my visas for a year or 2 ... What visa do I apply for when my 2 year visa expires ... Does my waiver allow me to apply for a ESTA ?

materialcontroller Feb 21st 2019 11:44 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by laxkay (Post 12641586)
Honestly, to stamp it as denied? I've read that if a waiver is approved then you get a visa but I haven't read anything about a process if it's denied!

The process for denying a visa is they'll email you and tell you that it's been denied. That's it.


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