Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi All

I have a question of which I cannot find an answer too.

Is a E visa quicker to obtain than a H1B? Is there a different processing involved? If so why?

In my case I originally came to the U.S on a 3 year L1 blanket Visa (2010) In which it took only 6 weeks from start to finish to complete. (Why was that?)

After 18 months I moved to the company in the US and then applied for a H1B (2012). Only to be told I am permanently ineligible to get a Visa and need a visa of ineligibility. It went to the DHS and that left me stranded back in the UK for 7 months. I nearly lost my job as the result of this. I was shocked. Why didn’t they say this when I went to apply for my L1
It eventually came and they gave me a 1 year waiver and a petition for 18 months until Sept 2014. So will have the same delay as last time when I go back.
I cannot afford to be away as my life circumstances has changed here with a baby arriving in Aug.

I have been told the 5 year E visa is the way to go for me as it as it will only take a few weeks. So my plan is to sever my employment here then return as a contractor ( In 6 weeks) with no fuss or bother. If not all 3 of us will have to wait it out back in the UK for the H1B and hope my job will be there when I get back. I don’t want that!

I may add I went through the same process in both Visa applications, nothing was different only the wait times. They had the same documents also. There was new information to them.

So is applying for a E visa the same process as a H1b in my case. Will it go to the DHS again? Why didnt it the first time or maybe it did. I just need to get back here without the 7 months delay.
Would be very grateful if any one has any info on this, as will need to act fast.

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

My response is in your other thread.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It sounds like you were ordered removed for something. Sometimes people need a waiver as well permission to reapply for admission after removal so perhaps more than one thing is pending. What were you removed for and how long have you been out?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Would the current issue with regards to cautions being in administrative processing slow down the process for the people without cautions but with CIMT who've been sent for a waiver to the dhs?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi Crg,

My family migrated in 1990 and we moved from the states back to the UK after failing to secure citizenship in 1997. I returned twice since then once in 1999 with the family and once in 2004, alone when I was 17.

In 2004 I visited for 30 days no issue at port of entry and left as scheduled.

I applied for my esta last summer and was denied, then applied for the visa through the embassy, a wavier was recommended - at this point for the first time I was made aware of the removal issue/ban.

It will be 10 years in July since my last trip.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Something doesn't add up. How long was the 1999 trip? Did the family apply for anything on that entry? If the removal proceedings were initiated between 1990 and 1997 then the bar should have been for 10 years from the date of departure in 1997. Perhaps they saw your departure in 2004 and thought that it was your first departure since the removal. You may not even need a waiver unless removal proceedings were initiated again after 1999. If you were all ordered removed twice then it could be a 20yr bar.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Exactly!

If doesn't add up!

The 1990s trip was for 7 years but everything was in order and legal, and I've been back twice since then for holiday before esta was in place - without any issues!

I think they thought my first departure was in 2004 which is wrong.

To add further confusion my whole family have been approved esta's!

Honestly they made a mistake! But how do you tell them that!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Maybe they'll realize the bar is up when they process the waiver application, but sometimes it's easier to just approve it. You could send a letter to the consulate explaining your travels and ask them to review it. Include proof of departure. An attorney may be able to get some of the file and attempt to correct the record.

The 7 year trip was extremely unlikely to have been "all in order and legal" because you were apparently ordered removed. I'm sure there were applications being sent, but it's very tough to work the system for that long without being out of status. You took two trips before getting nailed, perhaps the family will have the same ESTA issue down the road. I wouldn't risk VWP travel because VWP is not available to people who have been ordered removed so the issue may come up in the future resulting in a very short trip to the US. If you know your alien number or the numbers for the rest of the family you could try the EOIR Hotline at 1-800-898-7180 and see what it says.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

If the family was ordered removed, they are ineligible for the VWP per 8 CFR 217.

Approved ESTA is not a guarantee of admission and neither is a prior admission.

(2) Persons previously removed as deportable aliens. Aliens who have been deported or removed from the United States, after having been determined deportable, require the consent of the Attorney General to apply for admission to the United States pursuant to section 212(a)(9)(A)(iii) of the Act. Such persons may not be admitted to the United States under the provisions of this part notwithstanding the fact that the required consent of the Attorney General may have been secured. Such aliens must secure a visa in order to be admitted to the United States as nonimmigrants, unless otherwise exempt.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Many of us live in the US without being Citizens.

Your story makes no sense.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The 7 year trip did have a case involved but I was only 11 when we left as a family and we had a lawyer dealing with everything.

I'm sure your right, but I believe a mistake has been made, regardless it is what it is...

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I suspect that there's more going on here than you know about. Perhaps your parents can better explain what happened in those years... but don't be surprised to find out that what you think happened wasn't what acutally happened. Even today they may be uncomfortable telling you about something that is difficult, embarrassing, or humiliating for them.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I agree, all you have to do is ask.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What do you know about your parents occupation(s) and income during the time you were in the US? Did either of them have regular employment (if so, who did they work for?) or were they contractors, or self employed? Did you leave at the US at all during those 7 years?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

We've openly discussed everything and there isn't anything that is of a worry. Work, eduction everything was normal.

I guess it is what it is and I will wait for my answer though email.

I Will keep everyone updated.

Thanks.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

So what Visa were you on?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Work and educational was apparently not normal because you were ordered removed by an immigration judge. Often when someone is ordered removed it's a felony to attempt to come back. Thats not normal. Just because lawyer was involved doesn't mean the person was legally in the US.

The trip probably went somewhat like this:

Entry.... submit an application.....work, put the kids in school without authorization... appeal...appeal...denied...placed into removal proceedings..... skip or lose case/ordered removed.... appeal...appeal....lose appeal... don't show up for removal..stay a little longer..... seven years zip by..depart on your own...barred for 10 years.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

To be honest I'm not sure of the above process but if what your saying is correct why was a bar placed when I left after my holiday in 2004 and not in 1997. I was allowed in with no issues in 2004 and with the family in 1999. I had no idea a bar was even in place until I wanted to go Las Vegas for my birthday and the counselor emailed me.

But it is what it is...

Week 23 almost competed.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

ICE Fugitive Ops likely had your case left to close. They check periodically on open cases. Perhaps they saw that you departed in 2004 and assumed the 10 years should start upon that departure because they didn't know about the prior departure. In reality, the clock on the 10 years should have started running when you departed from the 7 year trip and been expired by now.

I doubt that you even need that waiver you're waiting for.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

hi, i got my email today to say send off passport, it took 24 weeks and 2 days. So finally i can start to look forward to my holiday. :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Awwww excellent, really happy for you Leanne, On with the planning:thumbsup::thumbsup::thumbsup:

Just a quick question, roughly how was the email worded? Sorry if it sounds a really stupid question.

Mark.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

hi, mark, thankyou.
it says status needs follow up info,
then says consular section comments: please submit passport for visa issuance.
and that i have 30 days to do this.

Hopefully this means i have it thats what i took it as meaning. i sent it today so we will see soon. x

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

HI,
I applied for a Waiver of Ineligibility for a b1/2 visa on 3rd Dec 2013 as I am permanently excluded for an offence of possesion of controlled substance in 1991 in San Diego as I was at the time a resident green card holder, unfortunately I was out of the USA for over 3 years so lost my status. My parents and siblings still live in San Diego, I am hoping to go visit them late summer, providing waiver and visa are granted.

Anyway my question is, has anyone had problems with entering other countries with this visa with waiver annotation in their passport, as I travel the world frequently I am quite concerened that it may be a problem, I am already booked to go to Dubai and Tokyo later in the year, generally I have not had a problem anywhere else except USA.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

AFAIK, other countries have no interest in any US visa/waiver in your passport. They might, independently, have a concern with respect to your drug conviction... but that's a separate issue from having the US visa/waiver in your passport.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Is the Us the only country interested in drug convictions?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Many countries do not even ask about convictions when arriving or applying for visas, those that do generally have no access to details of my conviction in the USA, so I would select NO as response, I know that Canada has access to usa records but I dont think anyone else does. the conviction in question was dropped to misdeneanor and a diversion was received so as not on my record apparently, but the arrest is enough as far as the USA is concerned to require a waiver.

My worry is that if I have a USA visa with the waiver annotation on, I think that on trying to enter some countries they will realise that something is up, as UK citizens do not require visa to travel to the USA, so now worried about being refused entry to other countries.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

If the question isn't asked, you aren't obligated to volunteer such information. If, however, the question is asked, it's probably not a good idea to lie to the immigration officials of that country.


Yes, they might! The solution: either travel to these other countries and take your chances, or don't get the US visa processed. You can't have it both ways.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

A mere arrest generally is not enough to require a waiver. The disposition of your charges counted as a conviction for immigration purposes. The fact that it dropped off later doesn't mean the conviction went away. You can't un-ring that bell.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Seems you used to be able to get away with a lot, their systems were not that effective, different now.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

hi just a quick update, i got my passport back today, a week since i recieved email, they gave me 3 years, :) good luck to everyone waiting x

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

HI Leanne,

Excellent news, have a great trip.

Mark.

Delay in processing
 

Hi guys

Help please :)

I am on week 18 at the moment and was supposed to be going on a family holiday to Florida in may but it is all getting a bit close to the wire now to get it booked up.

The next chance that I will have to go with my family in late 2015.

If the grant the waiver now for example is it dated the date that the DHS grant the waiver or the date the visa is stuck into the passport in london? Is there any way if delaying the date so that the visa starts later and I can get the 2nd holiday in?

If not will I have to go back to london and do it all again?

Any help would be appreciated

Thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Sorry guys another question while I think of it. Obviously I don't know at the moment what the conditions of my visa will be (if I get one of course), I am aware from some other peoples posts that visas are granted for one single entry.

I was wanting to go to Florida and while I am there go on the Disney cruise for a 3 day Bahamian cruise. By doing that does that count as more than one entry into the US? They do not take your passport and no one stamps it on the boat so I am guessing not but if anyone knows that would be great x

Re: Delay in processing
 

Hi emma, I'm on week 19 now and I've told myself that with the current times that people are giving, I set my sights on having my answer by the end of April, middle of may, I have a lot longer for my holiday at as it's in September.

I would assume that the visa is dated from when it is put into your passport, I'm not to sure on this, and I would say that there would be no way of delaying the visa being out into your passport? Other than delaying sending it to london, but then they may give you a time frame to send it to them by?

Don't know if this is correct as this is my forst time getting a visa but this is what I was thinking.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Went in for the interview on October 16th 2013 and received the email asking for his passport today. 23 weeks and 2 days.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Great news! Happy planning

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I have just read the transcript for the March webchat, and there is nothing in it that indicates the review has been completed. There was a question on the subject but other than saying the person had to wait until their case was reviewed, they gave no information on the overall review of cautions.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi,
I applied for visa / waiver of ineligibilty, on 3rd dec 2013, in London. The ref number on the letter I was given at the interview does not show on the 'Administrative Processing Status' list on website, has anyone else had this issue? I can see only 1 case for that day listed but not my one.

My father is critically Ill in MICU in a San Diego hospital, and I want to go visit him before its too late, the hospital have sent a letter confirming the situation, do you think it could help speed things up? I think it is a matter of days rather than weeks he has left.

Any comments appreciated

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What visa did you apply for? Perhaps that could give people an insight and then they can give you a rough guide how long it will be. If you have applied for a B2 visa, then the waiting time after being refered for a waiver of ineligibility is around 6 months maybe longer? I'm not sure If they can speed things up for a situation like this, perhaps they can?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi, thank you for reply.
Yes it is a b2 visa, any idea why ref number does not show on list?