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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Feb 7th 2016, 12:34 pm
  #2581  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by amenicycinema
I have contacted them again to see if there's anything that can be done...
That was a complete waste of time - they aren't there to help you or give you advice.


... they already said in their first email that I need to start again and it will take 6-8 months.
I really don't understand... why are you assuming they're correct? They're giving you the party line because, as you correctly point out, they don't care. I'm suggesting you find out for yourself what you can actually do. Don't ever ask anyone from US immigration what you should do... they aren't there to help you or to give you advice.


... do you know of this ever happening to anyone else?
I've been following this forum for almost 18 years. When an opportunity such as this arises, people file a Motion to Reopen. It's up to you, of course, but I thought you'd want the visa sooner rather than later.

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Old Feb 7th 2016, 12:45 pm
  #2582  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by L1L2Waiver
By the way, is there a difference between "inadmissibility" and "ineligibility" for a visa?
Oh my, yes! Inadmissible means you aren't allowed to enter the US. Ineligible means you can't get a visa. Huge difference... and being inadmissible is worse! Someone can be inadmissible, for example, if they have a 3- or 10-year ban from the US because of a lengthy prior overstay. They'd then need an I-601 waiver... which is not, to my knowledge, what the Consular officer submits when someone is merely ineligible for a visa for say, a not-so-lengthy prior overstay.

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Old Feb 7th 2016, 12:54 pm
  #2583  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Oh my, yes! Inadmissible means you aren't allowed to enter the US. Ineligible means you can't get a visa. Huge difference... and being inadmissible is worse! Someone can be inadmissible, for example, if they have a 3- or 10-year ban from the US because of a lengthy prior overstay. They'd then need an I-601 waiver... which is not, to my knowledge, what the Consular officer submits when someone is merely ineligible for a visa for say, a not-so-lengthy prior overstay.

Ian
No, the I-601 waiver is for an immigrant visa so doesn't apply to a non-immigrant visa. For a non-immigrant visa waiver(which is what this thread is about), the process is the same for 3/10 year bans and criminal records since the CO recommends it and the ARO adjudicates it. My only question is if it takes the same or similar amount of time to adjudicate ... given the Balfast example I guess no-one knows.

Last edited by L1L2Waiver; Feb 7th 2016 at 1:41 pm.
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Old Feb 8th 2016, 12:33 am
  #2584  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by L1L2Waiver
No, the I-601 waiver is for an immigrant visa so doesn't apply to a non-immigrant visa.
You asked the difference between inadmissibility and ineligibility. You didn't ask how they pertained, specifically, to non-immigrant visas - so that was a poor assumption on your part.


For a non-immigrant visa waiver(which is what this thread is about)...
Really? I'm sorry... I've only been following this forum for 13 years so perhaps I missed that tidbit.

Good luck to you! Oh... the I-601 does apply to certain non-immigrant classes although, fortunately, not to L-1/L-2 visas.

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Old Feb 8th 2016, 1:31 am
  #2585  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm

Really? I'm sorry...
Apology accepted, no hard feelings : )

Originally Posted by ian-mstm
I've only been following this forum for 13 years so perhaps I missed that tidbit.

Ian
Now you're being both passive aggressive and also trying to argue based on a simple appeal to authority ... after just apologizing for being wrong on the facts.

You bringing up I-601 on a thread about NON-immigrant visas (B1/B2, L2, the visas in this thread) is just wrong on so many levels.

Dude, everyone makes mistakes and it's fine.

And actually, this is a good example of exactly why anybody reading this would do well to contact a professional to get legal advice rather than random people on the internet.

Edit: And the answer to my question is probably that for a non-immigrant visa *waiver* it doesn't matter much between inadmissibility and ineligibility as far as the waiver is concerned once it has been recommended by the CO. However, a waiver for inadmissibility is much harder to get for a non-immigrant visa because the overstay shows intent to immigrate, which is a big no-no for those types of visas so the CO will likely not recommend it in the first place. The L1 is a dual-intent visa so it side-steps that particular issue.

Last edited by L1L2Waiver; Feb 8th 2016 at 1:43 am.
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Old Feb 8th 2016, 6:36 am
  #2586  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Ian, thanks for your response. I have looked into filing a Motion to Reopen and didn't think it was appropriate in my case, as there is no new information to add and this is an essential component of making a request. It also costs $630 and takes 90 days, so I would rather use this money & time on a new application which seems a safer option.

Do any current posters have any experience of missing the 30 day deadline for whatever reason?
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Old Feb 8th 2016, 9:05 am
  #2587  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I'm pretty sure that you only have 30 days to response and send your document
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Old Feb 8th 2016, 10:10 am
  #2588  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by L1L2Waiver
The L1 is a dual-intent visa so it side-steps that particular issue.
FYI - almost all visas are dual intent.

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Old Feb 8th 2016, 10:17 am
  #2589  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by amenicycinema
I have looked into filing a Motion to Reopen and didn't think it was appropriate in my case, as there is no new information to add and this is an essential component of making a request.
You indicated that you failed to get a notice of approval... why are you assuming that doesn't count as new information?


It also costs $630 and takes 90 days, so I would rather use this money & time on a new application which seems a safer option.
As you wish... but you already have an approved waiver, so I don't understand why you want to reapply. This is purely an administrative issue and there are remedies. Anyway, you seem set on a course of action, so good luck to you.

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Old Feb 10th 2016, 11:28 pm
  #2590  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

amenicycinema, for some reason the system isnttletting me quote you..but our experience was very similar to yours. Recomended for the waiver in May 2014, were told my fiancé received it in October 2014. Didn't realise we missed it until after the 30 days. Once we contacted London, they had him submit a new itinerary no fees, no paperwork, no new interview, to reprocess the whole thing. Took a the standard 30+weeks. Somewhere around+/- page 11 is someone else who had the same situation. Submit new itinerary after not receiving email in 2012. Seems to happen when they "update" their system...like they just did.
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Old Feb 11th 2016, 12:01 am
  #2591  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

TheBsKnees thankyou so much for that info, really helpful to hear from someone with similar circumstances! They emailed me back today asking for a new itinerary so will probably process it with no fees/no further paperwork.

However I didn't want to delay so have already paid for a new police certificate and embassy appointment (in Belfast this time so I can follow the progress online). I wonder if both applications can run at once or they'll cancel one. Interview is March 1st so I'll ask them then
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Old Feb 11th 2016, 8:53 pm
  #2592  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all,

a long time follower to this thread. I am currently waiting for my waiver of ineligibility / email thingie to come through. I actually did not think I would get refused for my 'crime' but I was, hey ho! Have flights booked too, sh*t happens and it is all my fault for not carrying out the necessary research and booking flights, it may come in time, it may not!!!
Anyhow, the reason I am actually posting is I have a quick question - could I apply for another visa right now, whilst still waiting for the first one to be issued (hopefully enable some continuity moving forward and to not have gaps between visas)? Logic gives me a 'no' answer, but perhaps there is some other option?
Thank you for those that reply nicely, thank you for those that reply with sarcasm!
Have a good weekend!
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Old Feb 11th 2016, 9:05 pm
  #2593  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Pointsmeanprizes
Hi all,

a long time follower to this thread. I am currently waiting for my waiver of ineligibility / email thingie to come through. I actually did not think I would get refused for my 'crime' but I was, hey ho! Have flights booked too, sh*t happens and it is all my fault for not carrying out the necessary research and booking flights, it may come in time, it may not!!!
Anyhow, the reason I am actually posting is I have a quick question - could I apply for another visa right now, whilst still waiting for the first one to be issued (hopefully enable some continuity moving forward and to not have gaps between visas)? Logic gives me a 'no' answer, but perhaps there is some other option?
Thank you for those that reply nicely, thank you for those that reply with sarcasm!
Have a good weekend!
My advice.

Best to wait to see if your waiver request is approved and how long the visa is issued for. Most likely it will be and it will be a 1 year visa.

Its taking about 8 months currently from application to visa issuance, so 3 months after the start of your new visa (assuming 1 year) then yes, reapply to ensure ability to travel is not interrupted.
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Old Feb 11th 2016, 9:09 pm
  #2594  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks yum2yum for your reply. As part of an introduction to this thread - interview end of November 2015, flight beginning of July 2016. Talk about cutting it fine! Another question - the one year visa, will that be a one-time entry or can I go back and forth as much as I want?
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Old Feb 11th 2016, 9:26 pm
  #2595  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Pointsmeanprizes
Thanks yum2yum for your reply. As part of an introduction to this thread - interview end of November 2015, flight beginning of July 2016. Talk about cutting it fine! Another question - the one year visa, will that be a one-time entry or can I go back and forth as much as I want?
It can be either but nearly always is multi entry.

I interviewed mid May and had plans for Xmas in the states. I didn't make it.

Plan for the visa not to arrive in time would be my advise given your timeline.
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