Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

thanks for the info provided :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

My b1/b2 Waiver was approved back in 2022 within 10 days (the officer quoted 2 weeks). CIMP over 20 years ago when I was 19. 212(a)(2)(A)(I)(I).

I then applied for an E2 visa late last year and had an interview in London(UK citizen from birth) in April 2024. The E2 interview was approved and the consular officer recommended an NIV waiver again for my E2 visa. This time consular officer said the processing time is 4-6 months but I'm reading at various places it's about 9 months.

Since I already have an NIV waiver for my B1/B2, and the CBP ARO needs to approve me for an E2 waiver, is it possible that my case process will be much faster than the standard 9 months?


Just wondering why the consular officer would tell me 4-6 months processing time for me when we all know the standard processing time right now with CBP ARO is about 9 months??


I purchased my business in the US over 12 months ago, and my E2 visa was approved in April 2024. E2 applicants must manage the business themselves.. However, the business is currently facing several operational challenges in my absence.
I was not expecting the ARO office to take over 9 months to process the waiver, especially considering that they approved my B1/B2 waiver within 10 days back in 2022.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I was quoted 4-6 months in Dublin, appointment was feb 27th. Most people here are approved around 240 days. They must have less staff and a huge backlog!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Im E2, not first waiver (already have B1 waiver)
Interview April 22nd

Please do update your spreadsheet...

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hey Question,

Your interview was on 12th Sep 2023
You got your passport on 19th Aug 2024

That's 11 months!

Is it really taking 11 months? or did you get a request for evidence?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The FAM provision quoted is interesting in that ConOffs are NOT allowed to find that a juvenile disposition in a non-US tribunal is a conviction, as opposed to a finding of delinquency, absent seeking and obtaining an advisory opinion from State in D.C..

I can envision that the ConOff, seeing a custodial sentence over a year for what the poster described as extortion and stalking fitting in the FAM provision. Note the definion of crime of violence in the FAM provision. I have no idea how long an advisory opinion takes these days.

The poster may not be at the stage where the ConOff can make a recommendation.

As an aside, the one piece of advice I feel free to give is to consult with a knowledgeable attorney. Given the DIY ethos of BE, i often get pushback on these forums for that advice. Therefore, I find myself amused that the FAM gives that advice in a peremptory manner to ConOffs.

The poster has zeroed in official confirmation of how difficult the question is. Yes, his case may have to go to DC twice, not just once.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

As above, they probably have no idea, as they don’t have anything to do with the waiver, it’s not processed at the consulate.

Having a waiver granted before has no bearing on it unfortunately, the whole process has to be done again. The website says 9 months processing time so use that as a rough guide to timescales.

Good luck.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

i’m already in contact with an US immigration lawyer that will be hired if a waiver will be not be provided just to understand the next actions that I can do.

just a question, could you explain with simpler words this row of your comment:”
The poster has zeroed in official confirmation of how difficult the question is. “


In any case, conviction by the juvenile court was 1 year and 10 month but without jail, and without any kind of mention on official documents.
I preferred to be honest and declare my conviction to the US consular officer .

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You posted the quoted section from the Foreign Affairs Manual. The FAM is from the Department of State. Volume 9 is guidance to Consular Officers regarding visas. The language you quote has but one directive therein - before a foreign juvenile disposition can be considered a conviction for US immigration purposes, it must be reviewed by the legal office in DC.

Your postings indicate that the Italian disposition may very well be considered a conviction for US immigration purposes. But due to the complexity of the legal issues, the matter will first have a legal review.
You have a lawyer. Talk to her.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Understood,
i ‘ll update as soon I’ll have news,
in any case those crime can be waiwed, it’s just matter of time :)
it was not a crime of violence, in the sentence is clear that I was asking Insistently back my money but in Italy asking back money leant to a woman older than you can be interpreted as extortion and asking it insistently could be a stalking conviction,
unfortunaly here the law sucks .
i learned my lesson when I was 17 and this has been enough :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

<sigh>

You are being not only argumentative, but you fail to engage in proper analysis.

An interesting court legal opinion to read is Strelchikov v Attorney General (For a non precedential decision, it gets cited a lot.) But extortion was, under the so-called categorical approach, defined as a crime of violence.

Is this case applicable to extortion under Italian law? I do not know.

You have an attorney, ask her.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

you don’t understand,
I never asked money back with force or violence,
only via message,
this is enough for extortion, in any case I’m not arguing,
I was only explaining,
it’s not important which crime I was sentenced, is important how I can fix it to have a tourist visa (not an immigrant one as the sentence you posted)
attorney will be hired only if a waiver will not be provided, I’ve already done a consult, not hired him.
In any case I’ll update the thread as soon I’ll have news, it could take weeks
also if extortion is evaluated as a crime of violence there will be some possibility for the waiver, maybe not this year.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

My understanding was that you admit to sending numerous e-mails to other person. If that understanding is in error, my apologies. If you did send multiple e-mails, you come across as having no remorse. That can be a reason for the ConOff not to recommend the waiver.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hello! Has anyone who had their interview this year got a request for their passport form the London embassy? Just checking to see if it's time to be worried. My wife had her interview on the 3rd of January in London. At the interview, the consular officer told her she couldn't make a decision at that point and would review and get back to her via email. Her passport was given back to her.
ON the 3rd of March, my wife wrote an email which was replied on the 5th. The response in part read that she had been recommended for a waiver of ineligibility and that the process would take anywhere from 4 - 8 months for both the consular head and DHS to finalize. The email also said she will be contacted via email. We have waited 243 days since the interview and still no further communication.
Please we need to know if anyone who had their interview this year has had their waiver of ineligibility approved.
Thanks in advance for your responses!
​​​

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You can search the thread but it’s about 9-10 months, not 4-8. So hopefully won’t be too much longer.

Good luck.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ok, thanks for the info. It appears we still have to wait another month at least.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

There is a tracking spreadsheet here:
https://docs.google.com/spreadsheets...it?gid=0#gid=0

Not a great deal of data but you can see that the last two 'email to send passport' were around the 245 day mark so times appear to have blown out further. I'd say they are probably processing waivers for interviews held in Nov/Dec at present. All speculation of course, haha.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the info! Very plausible that they may already be processing waivers for interviews held in Nov/December. It's been 243 days since CEAC's last update, however the actual interview was 7 days prior on 03/01/2024. So still very hopeful that we'll get some good news soon. Thanks!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Appointment this morning in London.

I have been on this forum intermittently for a few years.

First appointment was in 2019. Was recommended a waiver and got a letter a few months later advising waiver it hadn't been approved. My last conviction was 5 years prior to appointment but I have an extensive record which spans 13 years including both possession of drugs and crimes classed as moral turpitude.

Reapplied when borders opened late 2021 and had an appointment in March or April 2022. Again recommended for a waiver and got an email 6 weeks later advising waiver accepted and to submit passport. 1 year visa in the passport.

Visited America late 2022 with family. No secondary when we got to passport control.

Looking to go back next Autumn so started process again in Spring this year with my appointment being this morning.

Recommended for a waiver and told 6-9 months but fully aware it will likely be 9/10 months given recent experiences on here.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I had my interview in London on 16th November and was recommended for a waiver and am still waiting to hear. I'm guessing its taking much longer than they originally said. This is my 2nd waiver and last time it was only 5 months.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Will be 11 months for me in 10 days!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Wow!! Has there been anyone on here that has had an appointment around the same time as you that is still waiting? That is a ridiculously long time!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

blackcat27 was on the 16th November, I was on the 20th October.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Has anyone after you had their decisions? Or any reason why both of yours are taking longer than usual? I can't believe that's the timeframes atm, how are you supposed to plan anything if you've got to start that process 1 year to 2 years ahead of time?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

One person who applied on the 22nd November in Belfast got their email on the 23rd July. No one else in the tracker has reported receiving notifications.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It’s not great, I had to change my original plans from July to October. Now looking to move to next year.
my appointment was 27/11

Jools is our bench mark , which looks like we could soon see hit 12months.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Do all keep the tracker up to date, link in one of the replies above. Add your username to the comment column if you want.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

https://docs.google.com/spreadsheets...t?usp=drivesdk

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

That's a shame. We were looking to go away next Autumn and thought having an interview 12 months prior would be more than enough time. How times have change!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

seeing someone on the tracker sheet got their request for passport email in July which in a way keeps with the 8-9 months timeline, just wondering if it will be a good idea to contact the consulate at this point.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi, I had my interview in London 22nd January, so a couple of weeks after you, and was told 6 months for the waiver review at that time.
I’ve been keeping an eye on the forum here and was aware that the wait times had increased but thought I would contact them anyway just in case, so I emailed through the website (there’s a link in the previous replies on this thread) about 3 weeks ago.
I received a standard reply saying my waiver request was under review and I would be contacted when complete, and that there was no set time that the review could take.
So I just have to sit and wait, like everyone else here.
It’s incredibly frustrating as I need the visas for my work, and I wrongly assumed that as I was renewing the visas it would be a much quicker process than the first time I received them, which was a waiver and took 4 months.
Hopefully we will get the notification soon!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It looks like from the last column, that one was for Belfast so maybe their timeframes are quicker due to processing less appointments/visas?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Did a bit of work on the sheet, added separate columns for username and location. Redid the filter for all rows, and sorted again.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Good job. The average from May 2023 to now 224 days. If you take out the previous years you see it creeping up. It takes a long time for them to work through all the applications. They must have loads to go through.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yeah, that's a good point, Belfast is probably faster.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I’m not sure it matters which Embassy. The waivers are approved in the US by the department of homeland security. I think this is where the backlog is!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I believe there are less appointments in Belfast compared with London. If Belfast referred 5 a day but London refers 30, surely it would take longer to get a decision following a London appointment even if they are all going to the same place? Maybe that just makes sense in my head and not logical at all? I don't know much about the process but this is the 3rd time for me attending the embassy with the first time being in Belfast and Belfast responses were usually always faster than London barring their ridiculously fast decisions following the opening of the borders.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Assuming that all go to the same cue and are handled in a first in first out order that makes no sense. If there was a different cue for each embassy it may make sense, but they could be bucketed by type ir even random assignment … and its likely the type would have more of a bearing than date received… like if they are assigned to someone specialized in a type.. that’s assuming there is even a logical system…

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It's also possible the backlog is back at the London embassy. If they have more workload overall than Belfast, then maybe there are fewer people receiving incomings from DHS which in turn delays how much time it takes between a response from DHS and when an email is pushed out. Again this is all speculation, but I wonder why it would take a couple months longer via London if they are all being processed in the US.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It's my understanding that there is an approval process at the Embassy before the waiver goes to DHS. Consulate Officer makes a recommendation, boss approves, then it gets sent. Makes sense for a larger embassy that there may be a delay in getting a waiver recommendation off to DHS. I'd just like to know where in the queue my husband is. Hard to make decisions and plan. Totally appreciate you shouldn't book things until you have the visa but we're travelling for a family event in two weeks. It'll likely be without him now but I can't imagine the cost if I had waited until the last minute to make bookings.