Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What was the conviction? How old was he at the time? It really depends if it will come under the petty offense exception, if not then he will need a waiver.

Which visa? B2?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

As civilservant has already pointed out, whether they issue the visa, deny the visa or recommend a waiver will all depend on the nature of the offence and conviction.

It sounds as though you will need to submit a Subject Access Request to ACRO in order to seek the information that is required.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thank you all. The conviction was for theft when he was 19 (24 years ago, a stupid thing and nothing since). He spoke to ACRO earlier and they provided the details and also emailed him the confirmation that he is happy for the embassy to contact them. We received confirmation from the embassy that they received his email and I guess now they will also speak with ACRO to clarify / confirm the information. So it looks like we have done everything we can so just have to wait. It sounds from other recent posts that they are only taking approx 3 months if they do go to a waiver of in eligibility so fingers crossed we should hear something and August time.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

He will almost certainly require a waiver for a theft conviction. August might be optimistic in terms of receiving an eventual outcome though.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

was meant to say end August!
Thanks, will keep you all posted. Hopefully we will hear within 6 months at least!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi
Been following this thread for a while and was hoping I could get a bit of advice. Background - my partner received a 4 year custodial sentence for GBH with intent 11 years ago when he was 21. He served half his time and then did the following 2 years on probation.

We have already been to the embassy and got his visa refused. The lady was very nice and explained she couldn't give him a visa due to it being a crime of moral turpitude but she said she could see he'd clearly changed, this was his only offence and he's been a good boy since and completely turned his life around. So she said she was recommending him for a waiver and a 5 year visa.

Now what I can't seem to find is any examples where people have been refused a waiver once they've been put forward for one. Has this ever happened to anyone? I'd like to book for Florida for May 2020 and if they are still issuing waivers with a 3 month timeframe then that's plenty of time but I was wondering if anyone had heard of any refusals of a waiver? Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Of course it can happen, but it's unusual.

DO NOT book any trips until he has the visa in his hand. He may (likely will) only get a visa with a limited validity. It might be 5 years, but it might less too.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Does anybody know if it says 'refused' on the CEAC website, when you log in to see the status of your Visa if that page also would show if you have been referred for a waiver of ineligibility? Or does that always show refused and won't update for the waiver of eligibility?

We don't know if my husband has been referred for the waiver of ineligibility or not. Have tried emailing them but not heard back. We supplied some additional information after the appointment but don't know if it was refused after we submitted the additional info or before.

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi

I too have been following this thread for a while and there's some great, informative advice on here and I'm hoping someone can offer an opinion on my situation...

I have an embassy interview this month and already know I'm inadmissible due to multiple convictions which go back 25 years. I'm hoping to be recommended for a waiver but understand it's discretionary and this may not happen. After a (very upset) phone call to the embassy I was advised to apply anyway due to the length of time lapsed.

However..... back in January of this year, I ended up getting arrested for assault following a blazing row with my husband at a hotel. We were over heard and the hotel manager said it was policy to call the police... completely over the top and long story short I was released and no further action taken (no assault took place, it just sounded very bad).

The arrest didn't show up on my police certificate, just no live trace but I'm assuming the embassy will check with ACRO if I am put forward for a waiver and it'll be on the subject access report.

I'm guessing it's game over due to the recent arrest?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks civilservant, I thought exactly that - I'm absolutely devastated and slipping back into criminal habits couldn't be further from the truth. If only they could see me in day to day life, it would appear unbelievable that I'd ever been in trouble at all.

I've done a personal statement, will take lots of supporting documents, mortgage statement, character ref, employer letter etc - I've just got to hope that the consular officer is convinced that I'm a decent person when I go for the interview... fingers crossed :-(

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It shows refused until they request your passport for visa issuance.

Did you get a letter at the interview saying you were being referred? If so, it's almost certainly going ahead. What information did they ask for?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thank you Shiversaint for your reply.

He just got a letter saying the Visa was declined but we needed to obtain further information on the conviction from ACRO and give them permission to speak with the embassy re the conviction which we have now done. When we initially submitted the ACRO request it came back no live trace so we thought the best thing would be to obtain the details from the court to support it but it was not sufficient.

I guess we will just wait and hope at some point they contact us to send the passport. Fingers crossed it has gone to the waiver of ineligibility. It is helpful to know if won't show anything for that on the Visa page.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I've used Dublin preclearance once, back in 2017. No problems at all in my case, and I would definitely recommend it

I checked in early at Heathrow and Aer Lingus offered to bump me to an earlier flight to DUB, which I accepted as I was concerned about the connection time and being delayed in secondary processing.

In the end, I wasn't even asked any questions at secondary in DUB. I waited for 10 minutes and they'd already stamped my passport before they called me to the desk.

It took me less than 45 minutes from leaving my inbound plane from LHR, to walking through Flight Connections, getting to preclearance, going through security, primary and secondary inspections and making it into the US bound departure area.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just a minor update here as I found this thread useful in the past when applying for my first visa. Visited San Fran last week, had to go to secondary processing as is standard. Waited around 5-10 mins max, then was called outside for a quick casual chat with an officer. He asked why I couldn't have used an ESTA, so I explained the very basics of my old conviction, he also wanted to know what i'd be up to (so I whipped out my itinerary). He simply replied OK, let's get you out of here, did a minute or two of admin, stamped me in and that's that. I didn't have to answer any questions on my New York trip, literally just asked me in the secondary processing area how long I was staying for.

I'm sure this is totally normal, I still am fearful for whatever reason they'd turn me away. However, surely those turning up with waivers of ineligibility are highly regarded as having gone to an awful lot of trouble and effort through the correct channels plus they've had Visas issued as an incredibly strong sign of approval-so I probably shouldn't worry. Just a shame that a very old silly mistake will presumably mean secondary processing (and visas, of course) for life, making us feel like second class citizens/criminals again!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I don't know if 'waiver of ineligibility' and 'high regard' really go in the same sentence but, congratulations on getting it and being let through your POE for your vacation! :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You've got a thread going already chap. You've had the best advice you can get in there.

I remember one case where someone went back and it was about 5 years later. ConOff said good job for taking some time out and being rational and he got a 5 year waiver. That is consistent with what everyone is advising you.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi

We have received confirmation today to send the passport for Visa issuance (a few days short of 2 months if that helps anybody still waiting).

I am confused, it says not to send any other documents but do we not need to send a photo? Or do they use the scanned ones from the original application?

It's a UK passport and we applied in London.

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

All you need to do is follow the instructions and send them the passport. They will use the photo from your DS160 application for the visa.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Great. Thank you for confirming. I thought that may be the case but wanted to double check.

Can't believe how quick a turn around we got on it thouin. Was worried that we might not even have it back for December!

Thank you to you all for your advice.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I'm surprised that you haven't been told the reason for the refusal. Normally, the letter you are sent should at least indicate which section of the INA the refusal falls under.

What you do now is accept that he cannot travel to the USA in the short to medium term future and simply get on with the rest of your life. There are no hard and fast rules about this (deliberately so), but I don't think it's even worth attempting a further application for at least another five years or more.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for your response, I have emailed them to ask if they can tell me the reason as it doesn't state it and we would like to know if it's simply a case of not enough time.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

So the letter you received didn't state "Refused under INA 214(b)" or anything similar? That's unusual, because AFAIK you would normally be told the reason for a visa denial.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It won't let me post his letter as an attachment or a picture but it literally says 'Having recommended your case to DHS for a waiver of your ineligibility, DHS has disapproved our request and decided not to grant you a waiver. This means you will not be receiving a non-immigrant visa at this time. I regret we could not grant your request.'

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ah OK, I'm sorry I misunderstood. I doubt you will be given a reason for the DHS not agreeing to the State Dept recommendation for a waiver, but please come back and let us know how the consulate respond. Good luck.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

For anybody waiting..... we had the appointment end May and recommended for a waiver of ineligibility. Just under 10 weeks from the appointment to receiving the Visa. We expected 6 months and for it to be touch and go whether it was back in time for our December holiday so wanted to let those of you checking your email daily like we were that it was not half as bad as we thought. Good luck to those waiting.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Top tip: you can see all of the previous posts from somebody by clicking on their name and selecting from the drop down box.

HTH and welcome to BE.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi

It was a historic theft conviction from 20plus years ago. It was London that we applied at. Posted it via royal mail special delivery on the Friday and came back a week on the Monday so about a week really.
hope you hear something soon

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Arrived in the Florida last Friday and was referred to secondary inspection due to a problem with my fingerprints but I was only in there for about 5 minutes, funny thing is they never checked my fingerprints again.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It's not your finger prints. The First Inspection officer gets a pretty generic error message whenever someone with a waiver goes through, which essentially says this person cannot be processed, move to secondary. You'll experience this every time you go through immigration into the US.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

11 weeks is cutting it incredibly fine. That's about the very fastest we see around here and it's by far the minority. Whilst waivers do seem to be coming through a bit quicker than they have historically, the standard advice is expect a 6 month decision timeline plus processing time so don't travel less than 7-8 months in advance.

Re: Nonimmigrant Visa Waiver of Ineligibility Application