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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Feb 3rd 2016, 3:28 am
  #2566  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
It's referring to the section of the law on ineligibility. More precisely, it refers to the Immigration and Naturalization Act (INA) section 212(a)(1). Section (2)(A)(i) of which refers to having committed either a crime involving moral turpitude or a violation of a controlled substance act.



Yes.



You don't apply for anything... there's nothing you need to do. The Consular Officer will submit a waiver application on your behalf. Currently, waivers are taking about 7-8 months for approval... so there's nothing you can do now except wait.

Ian
Ian, thanks much for the response. This is some relief that the consular recommended for the waiver. I had the court case under the violation penal code 550(a)(1). I got the case dismissed with the restitution paid. There is no conviction or plea or trial. Is there a way to ask the consular to reconsider the decision without the waiver as it takes long time to get the waiver approved. Appreciate your reply.
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Old Feb 3rd 2016, 4:45 am
  #2567  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by visa_waiver
Is there a way to ask the consular to reconsider the decision without the waiver as it takes long time to get the waiver approved.
Without the waiver there is no visa approval - it's as simple as that. In a nutshell, your visa is denied until such time as a waiver is approved. I suppose you can appeal the decision, but that'll likely take just as long.

Never forget, a visa is a privilege... not an entitlement. They simply don't care if you get a visa or not... it'll make absolutely no difference whatsoever to them. Further, they have no interest in whether or not their procedures are inconvenient for you... again, they simply don't care. The US makes the rules and it's their sandbox.

Ian
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Old Feb 5th 2016, 4:11 am
  #2568  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hello good afternoon

I've needed a waiver for My last two B visas. The current one expires in Dec 2016.

I understand I can return to the U.K. for an interview for a new one and return to the USA on the current one?!

My question is if we are marrying this year outside of the USA can I go apply for an interview for a waiver for a spouse E1 visa and then return to the USA on the valid B2 visa?

I understand I can apply for change of status of I came directly here but then I can't leave so I'm trying to coordinate the new visa status instead of doing two trips for two different visa waiver applications.

Your help and advice would be appreciated. I hope I'm in the right place. I know I will need a waiver regardless of the visa category.

Many thanks
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Old Feb 5th 2016, 8:13 am
  #2569  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Mistyknight17
I understand I can return to the U.K. for an interview for a new one and return to the USA on the current one?!
Yes.


My question is if we are marrying this year outside of the USA can I go apply for an interview for a waiver for a spouse E1 visa and then return to the USA on the valid B2 visa?
You can travel so long as you have a valid visa, yes.

Ian
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Old Feb 5th 2016, 10:47 am
  #2570  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Folks

Got my passport back today. 1 year visa. Can't deny I am a little disappointed as I had been recommended for a 2 year visa but I am thankful that I have my visa to travel for the next year.

See you all again in 4 months 😀
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Old Feb 6th 2016, 11:24 pm
  #2571  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Have been watching this thread for many months whilst waiting for my Visa email and getting an idea of timescale. Had to cancel last Augusts planned holiday due to not knowing how long a visa app actually took. Was looking at the 32 weeks that most had been having and expecting the same. Just for others info had my interview 31st July and got my email to send for visa on 2nd Feb!!, just over 6 months and totally unexpected this soon. Never thought it would come in time for Easter holiday but now got some work to do getting a holiday sorted. Delighted is an understatement. Good luck to others waiting.
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Old Feb 7th 2016, 3:50 am
  #2572  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by serenawell
Hi Folks

Got my passport back today. 1 year visa. Can't deny I am a little disappointed as I had been recommended for a 2 year visa but I am thankful that I have my visa to travel for the next year.

See you all again in 4 months 😀
Really pleased to hear you finally have it! Enjoy your trip. 😀👍🏻
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Old Feb 7th 2016, 6:40 am
  #2573  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by jimbo007
Have been watching this thread for many months whilst waiting for my Visa email and getting an idea of timescale. Had to cancel last Augusts planned holiday due to not knowing how long a visa app actually took. Was looking at the 32 weeks that most had been having and expecting the same. Just for others info had my interview 31st July and got my email to send for visa on 2nd Feb!!, just over 6 months and totally unexpected this soon. Never thought it would come in time for Easter holiday but now got some work to do getting a holiday sorted. Delighted is an understatement. Good luck to others waiting.
Excellent news jimbo007. Lovely to hear of your "short" timescale.
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Old Feb 7th 2016, 6:46 am
  #2574  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Tweety23
Really pleased to hear you finally have it! Enjoy your trip. 😀👍🏻
Thank you Tweety x
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Old Feb 7th 2016, 8:35 am
  #2575  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by jimbo007
Just for others info had my interview 31st July and got my email to send for visa on 2nd Feb!!
Damn, that's the same day we applied for a waiver for a previous visa overstay.

We made the mistake of getting our hopes up by looking at the waiver processing times of the Belfast embasy(they seem to be the only US embassy that publishes anything official related to waivers).

But it turns out that was a big mistake and got our hopes up for nothing ... still don't understand why Belfast seem to be so quick with their waivers.

Anyway, we're buckling down for a few more months before we have to abandon our chances at a new life.
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Old Feb 7th 2016, 9:30 am
  #2576  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by L1L2Waiver
... they seem to be the only US embassy...
To clarify, it's not an Embassy - it's a Consulate. The Embassy is in London.


... still don't understand why Belfast seem to be so quick with their waivers.
They aren't actually. Waiver decisions are made in the US... and there are simply fewer applicants to the Belfast Consulate than to the London Consulate.


Anyway, we're buckling down for a few more months before we have to abandon our chances at a new life.
Really? Do you honestly think an L1/L2 visa will be denied because of a prior overstay? Are you aware that 99% of people who are recommended for a waiver get it? I seriously suggest that what needs abandoning, is your drama queen attitude... because it's not going to get you any sympathy in this forum.

Ian
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Old Feb 7th 2016, 10:57 am
  #2577  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

just wanted to give everyone a warning to be very careful about checking emails while waiting for your approval email. I posted recently about becoming concerned at waiting 10+ months for my second waiver, and finally contacted the embassy via Twitter and the "contact us" web form. I got a reply telling me I had been approved and got my email in October last year, however as more than 30 days had passed it was too late to send in my passport and I have to start all over again!

I am 99.9% sure I didn't get the email as I have been checking religiously. I still have the appointment confirmation emails so don't think other emails from the same sender would have gone to junk. can only think I maybe deleted it by accident while clearing unwanted emails or else it never arrived. have already sent off for a new police certificate and filled in a new ds160 so will schedule an appointment soon, nothing else I can do!

everyone please be so careful when entering your details on all paperwork and also when checking your emails. don't want this to happen to anyone else!
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Old Feb 7th 2016, 11:11 am
  #2578  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by amenicycinema
... however as more than 30 days had passed it was too late to send in my passport and I have to start all over again!
I would question this.


... nothing else I can do!
I'm not sure why you've decided to become a doormat rather than try to find out what you actually can do! You may be able to file a Motion to Reopen.

Ian

Last edited by ian-mstm; Feb 7th 2016 at 11:14 am.
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Old Feb 7th 2016, 11:53 am
  #2579  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

hi ian. I have contacted them again to see if there's anything that can be done, but they already said in their first email that I need to start again and it will take 6-8 months. I can't see them caring that I didn't get/see the email so thought it was better to just get on with re-applying. the only glimmer of hope is that when I sign into the CEAC website the status of my application does say "send documents". from what they have said so far, I think if I did send my passport it would just be returned to me with no visa. as I need it for other travel/a new embassy appointment I don't want to send it in unless they get back to me again saying I can have this waiver without having to re-apply. do you know of this ever happening to anyone else?
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Old Feb 7th 2016, 12:25 pm
  #2580  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
They aren't actually. Waiver decisions are made in the US... and there are simply fewer applicants to the Belfast Consulate than to the London Consulate.
Yes, I was under the impression they all went to the same place, in the same pile of paperwork somewhere in the US. The ARO has a mailing address in Virginia ... obviously it's a lot more complicated and the Belfast processing times are not even in the same ballpark as other consulates. They're all around 5 months and less ...

Originally Posted by ian-mstm
Really? Do you honestly think an L1/L2 visa will be denied because of a prior overstay? Are you aware that 99% of people who are recommended for a waiver get it?
By the way, is there a difference between "inadmissibility" and "ineligibility" for a visa? It seems it all falls under the same law and the waiver is the same for criminal records and ULP alike?

Most people here have criminal records but I am assuming the time to process an overstay waiver might be similar?
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