Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

If they get to your application and the travel date is in the future they put it back to the bottom of the pile until its past :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

ive been waiting over 28 weeks for my waiver and all ARO can say is that they are conducting security checks-any idea how long these take? any advice would be greatful. James

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Nobody can answer that question for you. It takes as long as it takes. You just need to be patient.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks MC. Have you heard of anyone ever being denied a wavier and if so, did they go to the BIA?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ever? Yes.


No idea... once people are denied a waiver, they rarely come back to post what happens afterwards. I'm guessing that most give up.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ian, that would seem crazy considering have you have to go to get this far!!
Also it seems that many wavier first timers only get 1 year?? but with it taking so long at what point do you reapply for the next waiver and visa?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I would suggest you apply for a new waiver once the existing one has expired (or is about to expire).

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Respectuflly, I was not trying to weigh the logic behind those sorts of decisions. Those whose waiver is denied generally don't return to update us.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The embassy advised me to apply 6 months before it expired at the min cos of the long processing time.

My question, if it comes through before the old one expires do you essesntially lose time cos they cancel the old one or do they add the remaingin time onto the new one PLUS the time for the new one? I assume its the former, meaning you will lose possibly months.

My first time waiver was only 1 entry 6 months.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What do you mean by "lose time" exactly? If you've been issued with a new waiver, the period of validity begins immediately and you no longer need the remaining time left on the old waiver (if any) at that point.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What is ARO & BIA? :) Did you apply in London?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

ARO = Admissibility Review Office.
BIA = Board of Immigration Appeals.

For future reference, if there's an acronym that you don't understand, Google is your friend - especially if you include the acronym and the word "immigration".

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Bubble-No I applied in Madrid as in live in Spain-Hence the screen name and no longer have enough ties to the UK to qualify as a resident.

MC-I'm wondering if there is a time limit to how long the processing can take? I mean they cant have a file sitting on there desks for an infinite period of time. Whats the longest anyone on here has had to wait for the ARO to deliver an answer?

Also, once you have a waiver and visa-can you file an i-539 once in the US?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ian, i appreciate that but i would have thought people would share experiences both good and bad. I mean it would help the community on here,no?

I'm just trying to cover all my bases without having to get a lawyer involved-from what i've seen this can all be done yourself.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

As a side note top all this im still waiting for the return of departure bond following a VD, granted its only $500 but its been 17 months!! Any suggestions, how i could get it back as ICE/CBP are no help.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi everyone

Can anyone tell me if you or someone you know has finally received a visa with a prior drugs conviction from 12 years ago.

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

A visa? What type of visa are you referring to?

Either way people can overcome ineligibility for visas, but this all depends on the extent of the circumstances. If you are just wishing to visit for a holiday, then you need to apply for a tourist visa (if ineligible for VWP). if this is denied, you may be recommended for a waiver, but it all depends on the extent of the offense in which you were convicted.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi

I need to apply for a waiver if inegibility. I have a conviction of possesion on class A and class B (I received just one conviction in total). This was 12 years ago and nothing since. I wish to travel on a family holiday.

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

If you are not eligible for the VWP, then you will need to book an appointment at the US Embassy in London to apply for a B-2

Click here for more info http://london.usembassy.gov/applying_in_london.html

This is where the process starts. All of the requirements can be found within this link so Good Luck and let us know how you get on.

Word of caution though. If you have not all ready done so, please do not just book a holiday and assume you are going to be dealt with in time. The process for the waiver of ineligibility is a long process and reports are showing in excess of 20 weeks. No guarantees that yours will be as long but never book tickets until you have the visa in hand.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the info.

Anyone on here know of cases (with similar convictions) where a non immigrant visa has been granted after being referred to DHS?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Everyone has a different experience, so what happened to Joe may not happen for Bob.

The only thing you can do is apply on your own merit and see what the outcome is. Like i said before, people have been able to overcome visa denials based on ineligibility in the past but it all depends on the actual circumstances.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

hi all, sorry for the delay in updating but i finally got my passport with 1 year multiple entry visa and immediately jumped on a plane to egypt as it was too late to join my family in the states. Am now planning to go in April. Thank you all for your support through this stressful process :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Glad you got the visa eventually and hope Egypt was something of a consolation for you. Thanks for letting us know the outcome, best of luck and enjoy your trip to the USA next year.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

30 weeks now and counting, anyone know what the longest wait is for a decision?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Think that is the longest EVER!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Not necessarily.

Bear in mind that marbella-james is applying in Madrid. Most timescales we see reported here concern applications made in London.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just wanted to thank you all for the support and info you've given, after a long wait I'm now back from Florida and me and my family had an amazing time, it was def worth it.

Just a quick update to say the plane was pretty quiet so it only took me about 15 mins to get through secondary processing, if that :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hey great! Thanks for the update and glad you had such a good time. :thumbsup:

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks MC, but i would have thought that the time taken is down to the ARO in Washington?? I mean all the embassy do is to pass on your file to them.

Madrid say that its nothing to do with them and cant help, so im stuck as it stands.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I would have thought so. We all know the Spanish aint in any rush though. Maybe they pile em up and send em off every few weeks. If your assumption is correct im guessing he should get his email any day

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hello,

Just to let you all know.. Recieved the email a little while ago, was actually due to be 6 months on the monday & got email on the friday :)
Anyway we got the passport back Christmas Eve.. & my Husbands visa is now valid for 2 years so were extremley happy & what a Christmas Present :D

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

So glad you got it in the end sue & hope you have a lovely time :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Glad you had a fab time :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi does anyone know if you get denied by the DHS for a waiver of ineligibility,can you reapply, my husband & children were all given O-1&O-3 visa's I was denied due to overstay & was told because it was a genuine mistake I would be fine now just been denied.Has this happened to any one else

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You can certainly try again if you wish. But unless there's been a significant change in your circumstances the next waiver application will likely have the exact same outcome. Was the overstay lengthy, or did it happen relatively recently? It may be that you need to wait much longer before making another application if you want to maximise the chances of success. Perhaps consider getting the advice of an experienced immigration attorney.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for your quick reply, they are saying it was over a year overstay but totally through my own ignorance my passport ran out which took down my I-94,but I was still covered by my visa so it was stupidity on my part.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Can you explain a little more? They are saying you had more than a 1-year overstay in the USA, but you're saying you were legal in the USA all that time? An expired passport doesn't mean you're in the USA in an overstay situation. Not sure what you mean by "took down my I-94".

The I-94 would have had an expiration date on it....did you stay in the USA beyond the expiration date of the I-94?

It doesn't matter what the visa expiration date was. It also doesn't matter what your passport expiration date was. What matters is the I-94 expiration date.

The very basic question is: Did you stay in the USA beyond the I-94 expiration date? If so, then you overstayed. If not, then you did not.

Rene

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes sorry what I meant was I thought I was Ok because I was covered by my visa,but when my passport ran out my I-94 ran out with that.So yes I overstayed my I-94,which now in hind sight I totally understand was stupid