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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 18th 2015, 8:03 am
  #1636  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Is anyone waiting on a decision on their waiver and if so how long have you been waiting. I'm at week 22 and beginning to get stressed.
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Old Mar 18th 2015, 9:49 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by beibhinn16
... how long have you been waiting.
Since you are not other people, it doesn't matter how long they've been waiting. Their experience will not be your experience.


I'm at week 22 and beginning to get stressed.
You are still well within the 6 month timeframe for approval... and even 6 months is just an estimate. It might be longer - but since there's absolutely nothing you can do about it, I suggest you get on with life as best you can.

Ian
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Old Mar 19th 2015, 7:15 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Here's my timeline:

October 7th Interview
October 8th Medical
October 15th Email suggesting waiver of ineligibility
March 3rd Email saying send my passport
March 5th Sent passport
March 12th Visa and passport ready to collect.

I had a caution for possession and it's 5.5 years old.

So 21 weeks from waiver of ineligibility notification and 23 weeks from initial interview.

I have 12 months multiple entries.

My next question is this:
Can I apply for next year before this one has expired? If can I apply for the same visa in October 15 although my visa runs out in March 16.

Thanks and good luck everyone
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Old Mar 19th 2015, 8:40 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mdavis
Can I apply for next year before this one has expired?
Yes.


If can I apply for the same visa in October 15 although my visa runs out in March 16.
Yes.

Ian
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Old Mar 23rd 2015, 8:05 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

my wife had overstayed n one year after finished her MS in uSa, she left usa to india her self, not deported. after 3 months we got married, she tried to apply for H4 dependent visa in feb 2014 , they rejected based on 212 a 9 b2 rule, they didn't recommended the 212 D3 waiver to ARO that time. now we want try to again Consulate interview for waiver request recommendation.
please give us suggestions for how strong we need to prepare our waiver package.(like documentation).
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Old Mar 23rd 2015, 12:52 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ssds
... they rejected based on 212 a 9 b2 rule...
I suggest you create a new thread. Your issue is one of inadmissibility... not ineligibility. They're different... and this thread is about ineligibility.


... they rejected based on 212 a 9 b2 rule...
It seems that your wife has a 10-year ban from the US.


please give us suggestions for how strong we need to prepare our waiver package.(like documentation).
I understand that you want your wife to be with you in the US... but the question is: does your wife need to be in the US? No, I don't think she does. That may seem harsh, but that is the question she's likely to be asked. What evidence do you have that will answer that question? That's how strong your documentation needs to be.

Ian
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Old Mar 23rd 2015, 7:23 pm
  #1642  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ssds
my wife had overstayed n one year after finished her MS in uSa
It was a 2 year overstay in your previous post? http://britishexpats.com/forum/us-im.../#post11417435

When you start your own thread, it's helpful if you can be precise about dates etc.
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Old Mar 24th 2015, 11:24 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mdavis
Here's my timeline:

October 7th Interview
October 8th Medical
October 15th Email suggesting waiver of ineligibility
March 3rd Email saying send my passport
March 5th Sent passport
March 12th Visa and passport ready to collect.

I had a caution for possession and it's 5.5 years old.

So 21 weeks from waiver of ineligibility notification and 23 weeks from initial interview.

I have 12 months multiple entries.

My next question is this:
Can I apply for next year before this one has expired? If can I apply for the same visa in October 15 although my visa runs out in March 16.

Thanks and good luck everyone
Hello mate
I am the same situation as you but had my visa interview on 1st December 2014 but wasn't able to have my medical until late December and my email of the recommendation of a waiver of ineligibility on Jan 14th, I understand all the time frames and there is no guarantee etc but do I work from the date of my interview or date of email for 'average 20-23 weeks' wait times?
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Old Mar 25th 2015, 12:13 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by LJW1
I am the same situation as you but had my visa interview on 1st December 2014 but wasn't able to have my medical until late December...
So, you're not actually in the same situation at all.


... do I work from the date of my interview or date of email...
For those who have everything in order on the date of their interview, they go from the date of the interview. You, however, didn't have everything in order until after they received your medical results... therefore, you will go from the date of the email.


... for 'average 20-23 weeks' wait times?
Keep in mind that "average" means exactly that. You might be done in 16 weeks... or you might be done in 30 weeks - the average of which is 23!

Ian
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Old Mar 25th 2015, 12:29 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
So, you're not actually in the same situation at all.



For those who have everything in order on the date of their interview, they go from the date of the interview. You, however, didn't have everything in order until after they received your medical results... therefore, you will go from the date of the email.


Keep in mind that "average" means exactly that. You might be done in 16 weeks... or you might be done in 30 weeks - the average of which is 23!

Ian
Thanks for the prompt reply Ian, and I just meant of similar circumstance to obtaining a waiver of ineligibilty, not exactly the same situation, I was just wondering so I could get some possible dates in my head and wasn't aware as to my starting date would be but now I'm aware it is the date of receiving the email, all seems a bit confusing when It comes to the dates, but I will just sit tight and wait
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Old Mar 25th 2015, 5:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all. I've been following this thread for a while now.

I am in a similar situation to mdavis and LJW1 in that I received a caution for possession about 5 years ago and am now awaiting a waiver of ineligibility. However, I'm now slightly concerned that I have not had or been asked to attend a medical despite having been issued with a form stating I have been recommended for waiver at the interview in early February 2015 (no email correspondence to this effect).

In 2011 I received a Visa after an interview and subsequent medical and did not have to go through this same process as I was not deemed permanently ineligible at this time (I think I have this correct). I'd be grateful if mdavis or LJW1 could advise if they had previously applied for visas and attended medicals, or if anyone else can advise whether it is normal for me not to have been asked to attend a medical. I'm just concerned that I may have missed something and consequently set back my time-lines for (hopefully) attaining a waiver of inadmissibility.

Many thanks in advance
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Old Mar 25th 2015, 7:11 am
  #1647  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by HenryBD2
Hi all. I've been following this thread for a while now.

I am in a similar situation to mdavis and LJW1 in that I received a caution for possession about 5 years ago and am now awaiting a waiver of ineligibility. However, I'm now slightly concerned that I have not had or been asked to attend a medical despite having been issued with a form stating I have been recommended for waiver at the interview in early February 2015 (no email correspondence to this effect).

In 2011 I received a Visa after an interview and subsequent medical and did not have to go through this same process as I was not deemed permanently ineligible at this time (I think I have this correct). I'd be grateful if mdavis or LJW1 could advise if they had previously applied for visas and attended medicals, or if anyone else can advise whether it is normal for me not to have been asked to attend a medical. I'm just concerned that I may have missed something and consequently set back my time-lines for (hopefully) attaining a waiver of inadmissibility.

Many thanks in advance
The form you will have been given should be marked with the reason for your visa refusal. Normally a tick or a cross in a box next to a code beginning with 212(a) and a description alongside. Which specific ground for refusal is indicated on your form this time?
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Old Mar 25th 2015, 8:16 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

If you had a medical last time maybe you didn't need another one. Sometimes you get referred for a medical within a certain time frame so perhaps 5 years is long enough to not warrant a medical. The form you are referring to is all my husband was given at the interview.
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Old Mar 25th 2015, 8:41 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi I was wondering if anyone could help with a query,I had my interview for a visa on the 29-3-2015,I was turned down but was told I would be potentially eligible for a waiver of ineligibility,and I was just wondering what the likelihood of me gettin this waiver?,it was turned down due to me been convicted of abh in 2006 this was and still is my only ever offence

Any help much appreciated
Thanks
Carl
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Old Mar 25th 2015, 9:27 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

thanks for replies GinGino and materialcontroller.

i have 212(a)(1)(A)(iv) on my form which i thought might necessitate a medical, but perhaps it is as GinGino suggests. the interviewer didn't mention a medical but recommended me for waiver, i'm hoping a medical isn't required at a later date

does anyone know if requirement for medical is fixed for certain conditions; whether it's at the interviewer's discretion; whether it is something the DHS can request?
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