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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 6th 2016, 12:11 am
  #2641  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller
You should still be prepared for them to ask you any number of questions. Also be aware that even with a visa and waiver of ineligibility, there is a tiny chance that you could still be refused entry to the USA just the same as any other foreigner presenting themselves at a POE.

Allowing extra time at the airport is essential so make plans accordingly. Tell anyone that might be meeting you/waiting outside that there may be a delay or, if you are travelling onwards via a connecting flight, ensure that you have plenty of time (minimum 2 hours, preferably longer) between arrival and departure.
I'm planning a week long trip to New York Boston, so I'll have my itinerary, return ticket etc sorted...I could even get a letter from work stating my vacation...as I said, I've done everything that has been asked of me to get to this point so all I can do is try...
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Old Mar 6th 2016, 1:14 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mrkobain
I'm planning a week long trip to New York Boston, so I'll have my itinerary, return ticket etc sorted...I could even get a letter from work stating my vacation...as I said, I've done everything that has been asked of me to get to this point so all I can do is try...
I don't think you'll have any problems. Enjoy your trip.
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Old Mar 6th 2016, 1:21 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mrkobain
I'm planning a week long trip to New York Boston, so I'll have my itinerary, return ticket etc sorted...I could even get a letter from work stating my vacation...as I said, I've done everything that has been asked of me to get to this point so all I can do is try...
Slightly off topic......consider buying a New York Pass online for 1/2/3/5/7 days , a type of credit card which you pick up when you get to N.Y. and gives you quick and easy and cheaper access to over 80 attractions than paying individually. Also in Boston go to top of Prudential Building for an amazing panorama view of Boston and a Duck tour on land and around harbour. Plan your days out well as you will need lots of time to see a fraction of the attractions.
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Old Mar 6th 2016, 1:29 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Newyork
Slightly off topic......consider buying a New York Pass online for 1/2/3/5/7 days , a type of credit card which you pick up when you get to N.Y. and gives you quick and easy and cheaper access to over 80 attractions than paying individually. Also in Boston go to top of Prudential Building for an amazing panorama view of Boston and a Duck tour on land and around harbour. Plan your days out well as you will need lots of time to see a fraction of the attractions.
Cool, thanks for the great advice, looking forward to getting back there
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Old Mar 6th 2016, 2:03 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Bud the Wiser
On a slightly different note.

Can you get a green card with a waiver for misrepresentaion? I've had the waiver for 20 years now, the last one being for five years. Daughter is a US citizen and could sponsor me.
What does the annotation on your current and/or previous visa(s) say? Does it mention, or do you know, exactly which specific part of the INA your inadmissibility falls under?
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Old Mar 7th 2016, 1:09 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller
What does the annotation on your current and/or previous visa(s) say? Does it mention, or do you know, exactly which specific part of the INA your inadmissibility falls under?
212(a)(6)(C)(i)
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Old Mar 7th 2016, 7:21 am
  #2647  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Bud the Wiser
212(a)(6)(C)(i)
If you had to go through Administrative Processing (roughly 7 months) but you have no annotations like this on your VISA, what does it mean?
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Old Mar 7th 2016, 7:43 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

I'm no expert and not on E2 Visa but I'm led to believe a waiver is a waiver regardless of visa type.

Having spent 7 months waiting for a decision on my new waiver approval. My previous visa unfortunately expired also and I was therefore sadly separated from my husband with our two year old twins for this long period.

After having fought through every channel possible we were told by the consular section that after review of my case, they would not recommend me to be expedited as I do not fit the criteria of 'humanitarian need' which currently were the only applications that were being considered to be expedited ! This 'at that time' (July 15) covers a death in the family or urgent medical assistance and there goes we should stop writing and that the current processing time was 'at least' 6 months.

I too, however, had been told at the interview my application. Would be recommended to be expedited, although since my previous visa application (2013) times had changed and not many were being accepted to expedite. He said if we hadn't heard within 1-3 weeks (which is written on the waiver form) given to us, then we could wait 6 months.

Whilst this is not what you want to hear and I am never afraid to be wrong,
Hoping for you I am, I would prepare yourself for the long haul and anything short is a blessing. With the already tightened security on esta applications, no one is in a rush to process us first - regardless of our childhood errors.

Did you know that after filling an enquiry online and they reply you can respond to the email submitting your case facts. They will tell you for sure if you are expedited or not.

Good luck.





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.

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 7th 2016, 9:12 am
  #2649  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Bud the Wiser
212(a)(6)(C)(i)
You would not get an immigrant visa waiver for that ineligibility, based on being sponsored by your daughter.

Waivers can only be granted to spouses or children of citizens or LPR's, not parents unfortunately.
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Old Mar 9th 2016, 1:56 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Yay!!! My husband went for his b1/b2 visa interview on the 7th October 2015 and email arrived this morning to send passport.......21 weeks. So there is hope guys this is his 3rd visa so hoping for a bit longer.
Should remember this by now but when I send the passport is it just the passport and the printed page I need to send in. It does say other bits but I remember from last time I didn't need to send in a lot of the stuff they said. Just wondering if anyone has recently sent there's for issuance Charley
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Old Mar 9th 2016, 6:55 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Charley241179
Yay!!! My husband went for his b1/b2 visa interview on the 7th October 2015 and email arrived this morning to send passport.......21 weeks. So there is hope guys this is his 3rd visa so hoping for a bit longer.
Should remember this by now but when I send the passport is it just the passport and the printed page I need to send in. It does say other bits but I remember from last time I didn't need to send in a lot of the stuff they said. Just wondering if anyone has recently sent there's for issuance Charley
I can't help with your query but am thrilled to read your news, my appointment was just 13 days after yours on the 20th October so fingers crossed I'll hear something soon, Good luck. Nikki

Last edited by n1kkie; Mar 9th 2016 at 6:55 pm. Reason: Incorrect date
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Old Mar 10th 2016, 7:06 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all,
My husband had visa appointment yesterday and it has been sent of for waiver he was given a letter said 6 months my questions are
Is it really 6 months?
When I log in it just says refused is this normal?
I am a person who likes to know things are moving forward is this possible?
Will it definitely get approved or at least likely?
We want to go for Xmas 2016 looked at other dates and they are to expensive don't want to book but the person at embassy said Xmas will be fine as will be sorted reading this forum seems that's not always true
Thank you
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Old Mar 10th 2016, 8:17 am
  #2653  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Puggielou
Hi all,
My husband had visa appointment yesterday and it has been sent of for waiver he was given a letter said 6 months my questions are
Is it really 6 months?
When I log in it just says refused is this normal?
I am a person who likes to know things are moving forward is this possible?
Will it definitely get approved or at least likely?
We want to go for Xmas 2016 looked at other dates and they are to expensive don't want to book but the person at embassy said Xmas will be fine as will be sorted reading this forum seems that's not always true
Thank you
Don't book any tickets etc until you have the visa in hand, they have no idea how long the waiver will take as they are not doing it, and they are allowed to tell you anything, including just what you want to hear, but they are also allowed, by law, to tell you lies. Waivers are currently taking 7 to 8 months, but that could increase.
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Old Mar 10th 2016, 9:27 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mikelincs
Don't book any tickets etc until you have the visa in hand, they have no idea how long the waiver will take as they are not doing it, and they are allowed to tell you anything, including just what you want to hear, but they are also allowed, by law, to tell you lies. Waivers are currently taking 7 to 8 months, but that could increase.
Thanks for advice
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Old Mar 10th 2016, 10:43 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Puggielou
Is it really 6 months?
No. It's actually between 7-8 months.


When I log in it just says refused is this normal?
Yes. The visa will show refused until such time as the waiver is approved, at which point it will change.


I am a person who likes to know things are moving forward is this possible?
No. You'll hear nothing whatsoever from now until such time as the waiver is approved and you'll receive notice for him to send his passport.


Will it definitely get approved or at least likely?
Almost all waiver recommendations are eventually approved. Indeed, I've not heard of a single waiver recommendation that has been denied.


We want to go for Xmas 2016 looked at other dates and they are to expensive don't want to book...
Do not book any travel until the passport is in your husband's hands. Yes, it'll be expensive... but the cost to your mental health will be more expensive. There is absolutely nothing you can do at this point except wait.


... but the person at embassy said Xmas will be fine as will be sorted reading this forum seems that's not always true
The person lied to you - either deliberately or because he didn't know any better. Regardless, the person is allowed to lie to you with impunity.

Ian
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