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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Feb 29th 2016, 1:18 am
  #2611  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi , Bit of a Update , he sent in the passport via special delivery and they received it Jan 22nd , he has today managed to speak with someone and they informed him they now carry out more checks to prevent any checks having to be done by a cbp officer upon arrival , not sure if that is true or not but he also said that admin processing is currently taking between 7 and 9 weeks , the status as now changed to administrative processing which I think is good , as it was send in docs until now (past the deadline date)My opinion is the delay is down to the fact he didn't send in the passport via Dx and sent it direct via Special delivery , it says you can do this on the emailed instructions and as he is currently working 15hr days that's how he sent it in
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Old Mar 1st 2016, 12:23 am
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Default E2 Nonimmigrant Visa Waiver of Ineligibility Application

Hi everyone. Great forum with some useful information!

I have a question that I'm hoping someone may be able to help me with.....

I have just submitted a renewed E2 visa application and been recommended for a five year waiver/visa. The VCO recommended this be expedited for processing. Due to a legal issue (my US lawyer passed away while the application was being processed and the timing slipped), I am now stuck in the UK until I get the visa and waiver issued.

I have a company, 20+ employees, house and pets all back in California so it's a huge inconvenience for myself and family, obviously.

I've had waivers for over ten years so know the deal... but last time my E2 was expedited within ten days. They actually held on to our passports at the Embassy in London and we got them back by DX within 10 days - brilliant!

Unfortunately this time I was told to leave it at least a month.... and of course, there is no opportunity to chase.

So question is: Has anyone else had an E2 recommendation (or similar) expedited recently....and if so, how long did it take to come back?

Oh... and for those who want to know what heinous crime I committed that warrants a waiver?.... when I was 18 (30 years ago) , I thought it would be fun to start my neighbouring farmer's tractor and drive it for a whole 200 yards. "taking a vehicle without consent" was the charge. The local village Bobby had a sense of humour failure
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Old Mar 1st 2016, 12:42 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by thegriswolds
Hi everyone. Great forum with some useful information!

I have a question that I'm hoping someone may be able to help me with.....

I have just submitted a renewed E2 visa application and been recommended for a five year waiver/visa. The VCO recommended this be expedited for processing. Due to a legal issue (my US lawyer passed away while the application was being processed and the timing slipped), I am now stuck in the UK until I get the visa and waiver issued.
Has your existing E2 expired? Presumably you could of applied for a new one well the current one was still good to travel on?
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Old Mar 1st 2016, 1:07 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by yum2yum
Has your existing E2 expired? Presumably you could of applied for a new one well the current one was still good to travel on?
Indeed I could have/should have. My lawyer started the E2 renewal at the beginning of 2015. Unfortunately it was not submitted (fees paid. records provided etc.) because of a change of partnership due to his passing.

The existing E2 expired in September 2015 and we got our request for an interview in November. We couldn't leave the country (Son is /was in college) until January.

Had it all gone to plan - we could have travelled to London in the summer '15 - got the approval and recommendation and then flown back to the US before the visa expired in September '15. We could have then carried on as normal - and not be stressed if it took 3 months or 9 months....

Lawyers asked the VCU in London as the probability of it being expedited in January '16 and we were given one month timescale as an indicator. Clearly wrong information!

... so it really is a case of trying to establish how expeditious the expediting is!

Last edited by thegriswolds; Mar 1st 2016 at 1:18 am.
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Old Mar 1st 2016, 1:28 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by thegriswolds
Indeed I could have/should have.
... so it really is a case of trying to establish how expeditious the expediting is!
Blimey, sounds like a nightmare. I have no idea on the how long any expedited waiver might take, but Im keen to find out as I hope to apply for a E2 at some point and Im also in the (not so) naughty boy camp. It makes it rather hard to to invest in anything knowing there is such a long wait before a visa might be issued- my most recent B1/B2 took 8 months!
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Old Mar 1st 2016, 2:27 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by yum2yum
Blimey, sounds like a nightmare. I have no idea on the how long any expedited waiver might take, but Im keen to find out as I hope to apply for a E2 at some point and Im also in the (not so) naughty boy camp. It makes it rather hard to to invest in anything knowing there is such a long wait before a visa might be issued- my most recent B1/B2 took 8 months!
The VCU actually said that all E2's are requested to be expedited. Like I said, the first time it took ten days, so thinking it may be a month this time wasn't excessive.

We just thought it would be a good opportunity to catch up with family and friends. My wife and son have travelled back to LA on ESTAs for a few weeks to sort out the house and pets.

My wife is on specialist medical treatment locally (which she can't get in the UK)

My son also lost his place in college so will have to start all over again in August if we make it back. I say make it back, because running a business from the UK is having it's challenges already. We may end up having to sell....or worse still, closing it down.

So yes - allow plenty of time for the initial E2 and allow 12 months for the renewal (which is essentially the same as applying the first time)
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Old Mar 1st 2016, 2:38 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Well if that is true and all E2s are expedited, then you have reason to be positive, no?

You don't have any reason to believe right now that it will take longer than the month or so that was suggested by the consular?
I know a month is a long time, but its not 9 months.
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Old Mar 1st 2016, 3:02 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by yum2yum
Well if that is true and all E2s are expedited, then you have reason to be positive, no?

You don't have any reason to believe right now that it will take longer than the month or so that was suggested by the consular?
I know a month is a long time, but its not 9 months.
I am ever the optimist! So we had our interview on 12th January.....so the month has passed. We did email the E Visa Unit at the Embassy and they came straight back to us... and although sympathetic, as you know, it's out of their control and now sits with the DHS / CBP ARO section in the US. They can't apply any pressure. It's the usual waiting game - checking for that elusive email to send in your passport!

I will let you know when I hear. My money is on sometime in April. Until then , I will make the most of the glorious British weather!
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Old Mar 1st 2016, 3:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ahh, I see! So the month has come and gone, got it!

Its soooo annoying that you cant even check on current status in a meaningful way. Time for a company offsite in Mexico then!
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Old Mar 1st 2016, 4:20 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by thegriswolds
The VCU actually said that all E2's are requested to be expedited.
If that were actually true, we'd have heard of it long before now. The VCU can claim anything they want because they're not the ones charged with approving the waivers. My guess... someone lied to you - either deliberately or because they didn't know any better. It's routinely taking 7-8 months for waivers to process - regardless of the visa type.

Still, anything is possible.

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Old Mar 1st 2016, 8:55 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thank you to everyone on the forum.

Today I receive the email from U.S. DoS Visa System.

Only 10 months and nine days since I had my interview at the Embassy in London!

Good luck to everyone else waiting.
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Old Mar 1st 2016, 3:10 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi

Wanted to give an update on my husbands L2 visa....he had a CIMT from 18 years ago

Interview in London 4 September 2015 and he received email today so just under 6 months (25.5 weeks). Was fully expecting 7-8 months so pleasantly surprised!

Will update once he gets it back from embassy once we know how long the visa is for as not sure whether same guidelines of 1 year will also apply for L2

Thanks!
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Old Mar 2nd 2016, 1:44 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Here's our timeline.

Applied for a previous overstay ( 10 year bar waiver ) together with an L visa on the 30st of July 2015. CEAC status said "refused" and timeline given from consulate was "at least 6 months but maybe longer" which was pretty accurate in our case.

Waiver approved by e-mail on 17th of Feb 2016, so 26 weeks. Sent in passport that day. CEAC then went from "refused" to "administrative processing" the day they got the passport apparently.

Then CEAC went to "issued" 2 days later and we now have the visa in hand less than two weeks after the e-mail so kudos to the USC!
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Old Mar 2nd 2016, 2:35 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

My Experience was as follows
Realised in late 2015 that I would need a B1/B2 visa and wasn’t eligible for an ESTA due to a criminal conviction (Handling stolen goods) in 1987 that resulted in a £500 fine plus costs
Thought initially that (wrongly) that as it was 29 years ago that it would be ignored as police record ACRO came back with NO TRACE after reading the majority of posts on this forum decided to make an application so that I could be sure of no issues on arrival in US
Time scale as follows:
Applied 02/01/2016
Interview 27/01/2015 –Interview with ACRO and other documents as requested was told that the visa application was refused but that they would apply for a waiver on my behalf
08/02/16 request for further information (sentence report from magistrate court)
12/02/16 – request for passport to be sent for Visa issuance
17/02/16 – visa clearance received ( stamped on visa)
02/03/16 – collected passport from couriers with visa issued from March 2016 to Feb 2026

Happy days

As I understand it as my passport runs out before the visa does I will need to take the old passport with me at the same time

Last edited by cc2325; Mar 2nd 2016 at 2:40 am.
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Old Mar 2nd 2016, 3:11 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by cc2325
My Experience was as follows
Realised in late 2015 that I would need a B1/B2 visa and wasn’t eligible for an ESTA due to a criminal conviction (Handling stolen goods) in 1987 that resulted in a £500 fine plus costs
Thought initially that (wrongly) that as it was 29 years ago that it would be ignored as police record ACRO came back with NO TRACE after reading the majority of posts on this forum decided to make an application so that I could be sure of no issues on arrival in US
Time scale as follows:
Applied 02/01/2016
Interview 27/01/2015 –Interview with ACRO and other documents as requested was told that the visa application was refused but that they would apply for a waiver on my behalf
08/02/16 request for further information (sentence report from magistrate court)
12/02/16 – request for passport to be sent for Visa issuance
17/02/16 – visa clearance received ( stamped on visa)
02/03/16 – collected passport from couriers with visa issued from March 2016 to Feb 2026

Happy days

As I understand it as my passport runs out before the visa does I will need to take the old passport with me at the same time
I guess, from that timeline, that, in fact, they decided you didn't need a waiver, that and the fact that you got a 10 year visa, which those genuinely needing a waiver will never get.
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