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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 16th 2016, 1:19 am
  #2686  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

One other complication I will have to encounter this time round is that, since my previous visit to the US, I have changed my surname by deed poll due to family reasons.


My passport is now of course in my new name however my previous passport and visa was in my previous name.


When obtaining my ACPO certificate it will be in my old name unless I specifically advise them of the situation in which case perhaps they can change the name so it matches my current details which my visa application will be under.


Does anyone have any idea the best route to take on this? Anything I should know?


Thanks.
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Old Mar 16th 2016, 5:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by James2014
Does anyone have any idea the best route to take on this? Anything I should know?
Having changed your name by deed poll won't make any real difference to US immigration - because you're still the same person regardless of the name you use. Get the police certificate under whichever name you use, and let them know to check under the old name also. Include a copy of the deed poll with the request.

Ian
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Old Mar 16th 2016, 7:20 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks everyone! Looks like trip is getting pushed back no coachella for me!!
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Old Mar 17th 2016, 1:18 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Having changed your name by deed poll won't make any real difference to US immigration - because you're still the same person regardless of the name you use. Get the police certificate under whichever name you use, and let them know to check under the old name also. Include a copy of the deed poll with the request.

Ian

Yeah, that's pretty much what I thought, I was just concerned that it might add an extra complication to the application.


As long as US immigration don't see it as one and are happy to accept the deed poll certificate then it shouldn't make any difference.


Thanks.
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Old Mar 17th 2016, 7:03 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Mistyknight17
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.
Hi,

Where di you find this : 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. where did you find this enquiry? individual US consulate homepage or?
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Old Mar 17th 2016, 7:07 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Guys,

does anyone here know that if your L1 petition is approved for say 3 years will your waiver on the visa then have the same duration? If not, would one then have to back to his/her home country after say one year and re-apply for a waiver Again for a new duration even though its the same conviction one is seeking waiver for?

Hope to hear, thanks.
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Old Mar 17th 2016, 11:09 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Peterdk
does anyone here know that if your L1 petition is approved for say 3 years will your waiver on the visa then have the same duration?
The petition has nothing to do with the duration of the visa... but, regardless, the waiver is valid for the duration of the visa.

Ian
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Old Mar 17th 2016, 11:11 am
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Default Re: E2 Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Peterdk
... where did you find this enquiry?
I doubt this is true. If it was, people here would have heard about it long before now.

Ian
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Old Mar 17th 2016, 5:35 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks again Ian,

So the ARO would look at what visa I am applying for (i.e. My L1a petition was approved until 31/12-18) and the duration of same and make the waiver valid for the same period? I just hear a lot of people on this thread only saying "one year but multiple entries" approved, but I guess all are referring to a B1/b2 visa, where I am looking for a bit longer need of stay due to work.

Happy to hear thanks
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Old Mar 18th 2016, 1:54 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Peterdk
So the ARO would look at what visa I am applying for (i.e. My L1a petition was approved until 31/12-18) and the duration of same and make the waiver valid for the same period?
You keep linking the waiver to the petition, but that's not how it works. Immigration is a 2-step process. Once the petition is approved (as in your case), that part of the process is finished. The steps are related, but independent of each other. The waiver attaches to the visa... not to the petition. If your waiver is approved, it'll be valid for the duration of the visa. The visa may be valid for the same duration as the petition, but it might not be. It could be longer... it could be shorter. However long the visa is valid, that's how long the waiver is valid... regardless of the valid duration of the petition.


I just hear a lot of people on this thread only saying "one year but multiple entries" approved, but I guess all are referring to a B1/b2 visa...
Correct.


... where I am looking for a bit longer need of stay due to work.
I understand. It's likely that your visa and waiver will be valid longer than one year - but there's really no way to know, in advance of receiving the visa, whether or not that'll be true.

Ian
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Old Mar 18th 2016, 2:05 am
  #2696  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ian,

Thanks again, I appreciate your say on this. So basically I would not have chance knowing for how long I will get visa issued for, is what I hear you are saying?

Can you recall anyone else with an L1 and how long they had valid visa for after waiver processed? (I know it can be different from case to case, but my hope is that L-visas are valid for longer period.

My main concern is that I will have to go back and stay in my home country after one or two years applying for a new waiver and hence be unable to work in US. However, I am thinking if its possible to apply in advance for the new visa i.e. travel home, apply, wait the 8 months and come back to pick up passport.

Thanks again - appreciated.

Brgds
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Old Mar 18th 2016, 2:30 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Peterdk
So basically I would not have chance knowing for how long I will get visa issued for...
Correct - not until you actually get the visa.


Can you recall anyone else with an L1 and how long they had valid visa for after waiver processed?
Yes - and I believe it was 2 years... but, as you say it's on a case to case basis, so there's no way to predict whether that'll be true for you. It probably will be, but there's also a chance it won't be.


I am thinking if its possible to apply in advance for the new visa i.e. travel home, apply, wait the 8 months and come back to pick up passport.
The easy solution, as you've alluded, is to apply for a new visa 8 or so months prior to the expiry of the current visa. That is allowed. So, you remain in the US working on your current L-1 and when the time comes, you submit a new application and you return home long enough to interview. You then return to the US on your current L-1, and return home again once the new visa/waiver is approved. It's more expensive because of the multiple trips back and forth, but it's perfectly doable. Perhaps your employer will pick up the cost for one of the trips. In the grand scheme of things though, it's likely money well spent either way!

There may also be other solutions - so hopefully some of the other members will chime in!

Ian
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Old Mar 18th 2016, 2:49 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ian,

This is great for now. Really appreciated! and yeah if someone else on L1 visa in the same boat could chip in it would be awesome, but seems like so far I am the only L1 visa dude with a criminal past in this forum - or at least disclosured one..... (damn when telling the truth hurts)
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Old Mar 18th 2016, 3:04 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

33 weeks gone by now
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Old Mar 18th 2016, 3:50 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Peterdk
... (damn when telling the truth hurts)
There is a definite "damn" factor to being truthful - but you'll never have to look over your shoulder, or worry about US immigration coming in the middle of the night to forcibly remove you from the US.

Ian
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