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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Nov 19th 2016, 3:26 am
  #3271  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

That should do it.
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Old Nov 19th 2016, 11:39 am
  #3272  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Roger71
Have the agents no compassion?
No, because it's not their job. Either you're eligible for a visa or you're not... the circumstances are irrelevant. Can you imagine what would happen if every Tom, Dick, and Harry had a sob story to tell US immigration? No. The only way this works fairly for all is for them to remain completely objective about each application.

Ian
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Old Nov 20th 2016, 4:24 am
  #3273  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by KTG
Thanks Ian.

I am sure I read on here previously that 5 year vids are never given to first time applicants. Are all new visas valid for 5 years?
Originally Posted by ian-mstm
You did read that... but you've taken that information out of context. The duration of the visa is related to the severity of the infraction that caused you to need a waiver in the first place. Where a drug issue is involved, for example, you'll almost never get a first time 5 year waiver.



No.

Ian
The old revision of the FAM used to state that maximum duration of a waiver of ineligibility could not exceed 60 months and that such longer duration waivers would normally only be considered once the applicant had received and satisfactorily complied with the terms of at least two prior waivers of shorter duration.

Since the FAM was updated around 18 months to 2 years ago, it no longer contains such a provision. I assume this is why we are now seeing certain 1st and 2nd time applicants receiving 5 year waivers.
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Old Nov 20th 2016, 8:00 am
  #3274  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Further to my last post, I have now located the new and updated advice to consular staff in the FAM:

https://fam.state.gov/FAM/09FAM/09FAM030504.html

It now states the following (I have added bold/italic for emphasis):

9 FAM 305.4-3(G) (U) Waiver Validity Requests
9 FAM 305.4-3(G)(1) (U) In General
(CT:VISA-205; 09-30-2016)


a. (U) If you determine that an alien meets the criteria for a waiver as set forth above, you may recommend a waiver valid for multiple applications for admission for a period of five years; i.e., 60 months. Generally, CBP/ARO will grant a 60 month, multiple entry waiver to first time waiver recipients, with exceptions. Note that 60 months, multiple entries is the maximum waiver validity that ARO can grant by regulation. [Exception: The maximum waiver validity that ARO can grant for a C1/D visa is 24 months.]


b. (U) INA 212(d)(3)(A) waivers are valid for the duration indicated by the ARO officer in the ARIS response. The waiver validity starts on the visa issuance date. A visa must be issued within 90 days of the receipt of the approved waiver and according to the terms of the approved waiver. Waivers for H2A applicants are valid for 12 months. You must manually limit the validity of the visa to the validity of the waiver.
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Old Nov 20th 2016, 9:15 am
  #3275  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I posted a link some time back about this, believe it some in 1st of the year.
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Old Nov 21st 2016, 7:45 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by serenawell
And by spooky coincidence - I post on here and less than 10 mins later I get my email asking to send my passport


18 weeks and 2 days.


This will be my 3rd visa.


1st Visa was 1 year.


2nd Visa was also 1 year. Was recommended for a 2 year at interview.


Was recommended for a 5 year at interview for no. 3.





Picked up my passport today.


5 years
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Old Nov 25th 2016, 12:59 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi, I was just wondering if anyone could offer me any advice.

I had my interview at the US Embassy on 8th September 2016 and was refused. They requested a police check which I sent to them and they have put me forward for a Waiver Of Ineligibility.

I am due to travel to Florida on 8th December with the rest of my family to visit my daughter who has been working over there as an Au Pair for the past year. Last week I called the Embassy for an update and I was told to send in my passport over the phone and they sent it straight back with a letter saying they hadn't requested my passport (which they had, over the phone) and the current wait time is 6 months.

Do I have any chance of receiving my visa in time?

Is there anything I can do to push the process along?
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Old Nov 25th 2016, 1:14 am
  #3278  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by cpenny1878
I am due to travel to Florida on 8th December with the rest of my family...
Respectfully, you will not be travelling to the US anytime soon.


Last week I called the Embassy for an update and I was told to send in my passport over the phone and they sent it straight back with a letter saying they hadn't requested my passport (which they had, over the phone)...
Sadly, you did not actually speak to anyone at the Embassy... you were speaking to a 3rd party contractor working out of the call center in Scotland. The person had no authority in this matter... and it's a shame that you believed them. They are allowed to lie to you with impunity. The notice from the Embassy is correct - they did not request your passport.


... and the current wait time is 6 months.
This much is true... although it's actually closer to 7 months.


Do I have any chance of receiving my visa in time?
No.


Is there anything I can do to push the process along?
No, nothing at all.

Ian
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Old Nov 27th 2016, 8:14 pm
  #3279  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

We are still waiting for husbands waiver, no sign of it yet. My husbands interview was 5th August. With your advice too my prior post, we managed too amend our travel date.
We were due too travel too Florida for family holiday over Christmas and New Year, we were fortunate that the travel company did amend for us.
I will update as soon as we get notification from embassy
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Old Nov 28th 2016, 8:14 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I had my B2 visa interview at the embassy in London this morning. Unlike my last application in 2011, all appointments are now booked online and when I scheduled my interview just over a month ago, I was surprised to see that they had slots available within one week, as that never used to be the case. However, due to work commitments, I had to delay my appointment until today.

There is now also no option to email supporting documentation to the embassy in advance, as there was previously. You are now told just to bring it with you on the day of the interview.

So I turned up at Grosvenor Square around 0815 for my 0900 appointment and was directed into the correct queue (there was one for 0830 appointments and one for 0900). This was all very familiar from last time - wait to have your documents and passport checked, clear security, enter the building and be assigned a case number.

Then you wait. And wait. And wait. You are allowed to take mobiles and tablets into the embassy now, but not laptops or bluetooth keyboards/mouse. There are now two photo booths there which cost £6 (a saving over Gould's Pharmacy where photos cost £7.50 - I'd had mine done there on the way to the embassy, but they weren't required in the end. C'est la vie). The kiosk that used to sell candy and coffee is no longer there and it didn't appear as though you could get anything to eat or drink while waiting.

Procedure is still the same. Get called up to the first window to hand over your passport and essential documents (DS160 confirmation, police cert and VCU1 form), answer some brief questions, be ten-printed and then resume waiting until called for your interview.

On my two previous visits, all criminals seemed to be interviewed at Window 17, which is in a separate enclosed room; however today they were seeing people at Window 20 as well as 17. It did speed things up quite a bit and I do think the whole process has become more efficient and streamlined.

My interview lasted less than 10 minutes. I wasn't asked for my photos or any of my supporting documentation. The female conoff was polite but not friendly. I was asked maybe half a dozen questions about my criminal record, my job, whether I owned a property in the UK and whether I still had a girlfriend in the US.

At the end of the interview, I was given my passport back and told that I was being recommended for a five year multiple entry waiver and the ARO decision would take in the region of six months.

That, at least, is one thing that hasn't been streamlined or made more efficient!
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Old Dec 5th 2016, 8:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hello All,

This thread is so helpful ! Thank you all : )

I am currently living in the USA on a L2 visa with a multiple-entry waiver that is about to expire in a few months.

I was wondering if it is OK to schedule an appointment at the embassy, travel there and apply of a new L2 visa+waiver (same as before) and then re-enter the USA with my existing visa+waiver and wait for the 7-8 month processing time in the USA ? When the waiver is approved I will just send my passport to the consulate for the visa stamping ...

It seems OK to do this but I am worried that this is breaking some kind of rule ?

Has anyone done or heard about something like this being done ? I haven't broken any rules since my last waiver (this is for one previous overstay back in 2009 for which I already received a 1-year waiver and that waiver will expire soon).
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Old Dec 5th 2016, 10:52 am
  #3282  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by L2Waiver
I was wondering if it is OK to schedule an appointment at the embassy, travel there and apply of a new L2 visa+waiver (same as before) and then re-enter the USA with my existing visa+waiver and wait for the 7-8 month processing time in the USA ?
Keep in mind that a visa is a travel document... nothing more, nothing less. What's important, is the status you have once you enter the US. You are currently in L-2 status. So... your waiver is valid only so long as your visa is valid. You can enter the US right up to the last day of your visa validity with no issues. What's important, is the date on the I-94 that you receive when you enter the US... that is the date by which you must leave the US. Until you enter the US, you won't know how for long your I-94 will be valid.


When the waiver is approved I will just send my passport to the consulate for the visa stamping ...
And where will you have it delivered when ready? They won't send the passport to the US.

Ian
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Old Dec 5th 2016, 11:25 am
  #3283  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Until you enter the US, you won't know how for long your I-94 will be valid.
Ian
This is true, my last and current I94 was given until 2019 (end date of the blanket L1 visa petition).

Originally Posted by ian-mstm
And where will you have it delivered when ready? They won't send the passport to the US.
Ian
I'll just have them send it to a friend's house or even my old job and they will forward it to me. I've actually done this part before (i.e. a receptionist at my old work signed for it and then gave me the passport).

I guess I'm mostly paranoid about the consulate thinking I'm somehow cheating the system. I have a valid visa ! ... and ... ugh ... just making up worst case scenarios I guess ...

Thanks for your time Ian.
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Old Dec 6th 2016, 1:21 pm
  #3284  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Guys,

Found this page very useful over a stressful few months waiting for my waiver of inadmissibility so I thought I'd share my story!

I was arrested in May 2010 for possession of a small amount of speed and given a s10 dismissal (no conviction recorded) here in Australia. When I first applied for a visa in Jan 2014 I had to attend the embassy and was refusing with the reason being it was too recent and they suggested waiting 5 years from the offence.

My mates and I were planning a big west coast to east coast US holiday next year, so this time I obtained a police certificate before requesting an interview on June 20th. At the interview I was recommended for a waiver however the official didn't state how long this would be for, so I've been nervously waiting. Here is my timeline..

June 20th - interview at Sydney Consulate, recommended for a waiver.
Oct 26th - email received to send passport, which for some reason went to my old email address that I never check.
Nov 24th - I emailed consulate myself to find out what the status was (lucky I did this)
Nov 25th - consulate replied back with original email saying to send passport
Nov 28th - sent passport via toll express
Dec 5th - received email to say visa issued
Dec 6th - delivery was attempted however I was at work
Dec 7th - picked up my visa from branch. 5 YEARS VALIDITY!!!

Overall extremely happy. Only 18 weeks really from interview to original email to send passport. Stoked about the 5 year multiple entry validity. Means I don't have to go through this again until late 2021!

Holiday is all booked for next year, me and 4 mates are doing a Contiki from LA to NY through all the southern states after a week first in vegas and LA and then a few days afterwards in NY. So excited, now time to save up some spending money!! And undoubtedly prepare for questioning at the border as to why I am travelling on a waiver of inadmissibility lol
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Old Dec 6th 2016, 1:36 pm
  #3285  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Mattyg87
And undoubtedly prepare for questioning at the border as to why I am travelling on a waiver of inadmissibility...
You likely won't be questioned about it at all. You'll be travelling on a valid visa (not a waiver) and the CBP officer isn't likely to second-guess the ConOff who recommended you for the waiver.

Ian
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