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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Oct 13th 2016, 8:26 am
  #3211  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by TheWaitingPlace
This is not about a trip to Disneyland, this is about me potentially losing my wife, my apartment and my job.
Well then, have you considered submitting a Writ of Mandamus? Has your company's attorneys suggested it?

Ian
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Old Oct 13th 2016, 11:34 am
  #3212  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by TheWaitingPlace
Hi All,
Quick update: It has been 8 months and 3 weeks and I have no waiver yet. The immigration lawyers appointed by my firm say this is probably NOT due to the fact i am simultaneously applying for 2 visas (L1 and spouse). I wrote a letter on 19th Sept and received a response yesterday saying that it is still in process and any timelines are just a guideline.
Meanwhile I am literally losing my mind.
Can the lawyers tell you what the delay IS due to? Surely they have a good idea and can give you advice?
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Old Oct 13th 2016, 12:48 pm
  #3213  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ontherox
Elvertine, it looks like you're clued up on things and asking the right questions but just to let you know my experience. I have a worst crime than your other half. Possession with intent and a charge for actually supplying class B. I also has a charge for possession of class A but my sentence was for the cannabis.

But this was 12 years ago and I only applied last year so 11 years after the sentence and was in Florida last month, my first time in USA since the crime. My sentence was 3 months and this surprised the person who interviewed me a little, and so I guess he realised I wasn't a professional supplier and had just made a mistake. He did say "because of the time since your sentence I am going to recommend you for a waiver" so the time is key, especially if it isn't a minor crime.

I hope it goes well for you
Thanks for sharing your experience ontherox. I think I read one your previous posts and thought that there might be hope for us too! Obviously there's a huge difference in timelines and sounds as though it's a crucial factor for determining whether or not to grant the waiver but we can only try. Can I ask if you had to have a medical? I'm assuming my other half will need a drugs test and just want to factor in all potential costs. Thank you.
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Old Oct 13th 2016, 1:18 pm
  #3214  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
Can I ask if you had to have a medical?
Medicals aren't usually required for non-immigrant visas.

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Old Oct 13th 2016, 2:28 pm
  #3215  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Medicals aren't usually required for non-immigrant visas.

Ian
Am I right in thinking we'll have to pay for a drug test to be done though considering it's a drug conviction? I thought we would need to pay roughly £135 for a medical because of his offence. TIA
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Old Oct 13th 2016, 6:12 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
Thanks for sharing your experience ontherox. I think I read one your previous posts and thought that there might be hope for us too! Obviously there's a huge difference in timelines and sounds as though it's a crucial factor for determining whether or not to grant the waiver but we can only try. Can I ask if you had to have a medical? I'm assuming my other half will need a drugs test and just want to factor in all potential costs. Thank you.
No I didn't have a medical
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Old Oct 14th 2016, 1:00 am
  #3217  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
Am I right in thinking we'll have to pay for a drug test to be done though considering it's a drug conviction? I thought we would need to pay roughly £135 for a medical because of his offence.
From what you've written, he wasn't a user - so a drug test would be a waste of time. At any rate, don't do anything until after you've had the visa interview. Let the officer make that call. If he wants a drug test, he'll ask for one. Keep in mind that if the officer recommends a waiver, it is almost certain that the waiver will be granted. If he feels that a waiver is not appropriate, the visa will be denied then and there. So, save your money until after the interview and see what happens.

If you want to be proactive, get hold of police certificates for both of you, as well as any court records of the incidents - to bring with you to the interview.

Ian

Last edited by ian-mstm; Oct 14th 2016 at 1:02 am.
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Old Oct 14th 2016, 1:18 am
  #3218  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ontherox
No I didn't have a medical
Ok thank you.
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Old Oct 14th 2016, 1:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
From what you've written, he wasn't a user - so a drug test would be a waste of time. At any rate, don't do anything until after you've had the visa interview. Let the officer make that call. If he wants a drug test, he'll ask for one. Keep in mind that if the officer recommends a waiver, it is almost certain that the waiver will be granted. If he feels that a waiver is not appropriate, the visa will be denied then and there. So, save your money until after the interview and see what happens.

If you want to be proactive, get hold of police certificates for both of you, as well as any court records of the incidents - to bring with you to the interview.

Ian
Great advice thank you Ian. I've already got my police certificate and we're waiting on his. Will be getting a few other pieces together to support our applications over the next few days. Will keep you all posted.
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Old Oct 14th 2016, 1:33 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller
I don't think you'll have any problems. Enjoy your trip.
Went through Dublin airport pre clearance in September, brought to secondary and asked a couple of questions but nothing major...huge relief to get through!

On another note, can you simultaneously hold a b1/b2 visa with an F-1/M-1 visa? I posted earlier that I am looking to train for my pilots Licence in Florida for 4 weeks next year and I will require an F-1 or M-1...in the meantime I may be required to travel to the US on business at short notice...my tourist/business visa and waiver expire in February..if I apply earlier to renew that and then apply for the F-1 will that work?
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Old Oct 14th 2016, 2:17 am
  #3221  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mrkobain
... can you simultaneously hold a b1/b2 visa with an F-1/M-1 visa?
Yes. However, you can be in the US in only one status... so you either enter as a B-1/2 visitor, or you enter as an F-1/M-1 student. Whichever entry to make, you must then abide by the rules for that specific status. You aren't allowed to mix and match!

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Old Oct 14th 2016, 3:14 am
  #3222  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Yes. However, you can be in the US in only one status... so you either enter as a B-1/2 visitor, or you enter as an F-1/M-1 student. Whichever entry to make, you must then abide by the rules for that specific status. You aren't allowed to mix and match!

Ian
Thanks Ian - can I apply for both at the same I.e cover it under the same visit to the embassy?
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Old Oct 14th 2016, 7:54 am
  #3223  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mrkobain
Went through Dublin airport pre clearance in September, brought to secondary and asked a couple of questions but nothing major...huge relief to get through!

On another note, can you simultaneously hold a b1/b2 visa with an F-1/M-1 visa? I posted earlier that I am looking to train for my pilots Licence in Florida for 4 weeks next year and I will require an F-1 or M-1...in the meantime I may be required to travel to the US on business at short notice...my tourist/business visa and waiver expire in February..if I apply earlier to renew that and then apply for the F-1 will that work?
Glad to hear it all went well in the end.

Just to add to what Ian has already said, be aware that as you will be making two separate visa applications (a renewal of the B and a new application for the F or M), each one will require a separate visa interview and waiver of ineligibility. So plan your timescales and budget accordingly.

As you have already received a waiver for your existing B and shown a good pattern of travelling behaviour, these things will stand you in good stead for the upcoming applications. Best of luck and let us know how it goes.
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Old Oct 14th 2016, 7:56 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by mrkobain
Thanks Ian - can I apply for both at the same I.e cover it under the same visit to the embassy?

While you can apply for the two visas concurrently, as I've noted above, I don't believe it is possible to have a combined interview for them both. Each interview appointment has to be booked on CEAC and is tied to a specific DS-160 application and MRV fee payment. If you think about it, each interview will be concerned with the different specific aspects of your need to travel and be covering different ground, asking different questions etc.

If you meant can you attend two different interviews on the same day at the embassy, well that might be possible, but is something you will only be able to find out when you come to schedule the two appointments. My feeling is that it's likely to be impractical due to how appearances at the embassy are structured.

Last edited by materialcontroller; Oct 14th 2016 at 8:03 am. Reason: Added detail
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Old Oct 15th 2016, 1:51 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ok so received my other half's police certificate back today, filled in his forms online, put both our applications into one on the visa appointment system and the earliest appointment date available is next Thursday! I wasn't expecting one available so soon! It's to short notice for me to change my shifts but it's positive that it's not a long wait. Trouble is my partner is saying we're better off leaving it a little later as he's hoping his business will be up and running in the next few months. So far he's only attended business courses, made verbal agreements for business opportunities and he's still waiting to do his courses relating to his business plan so on paper it just looks as though he's jobless at the moment. Will it really help his case that much if he goes to his interview and is able to say he's just started his own business as oppose to he's just planning it? I don't have a clue how long it takes to officially set up a business and I don't want to leave it too much longer to book an appointment because ideally I would like to know for certain if we can go a few months before our provisional trip.
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