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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Dec 7th 2016, 7:21 am
  #3286  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Week 12 since my interview at the embassy in London.


One thing that has occured to me however, is that unlike last time, they didn't ask for my passport photo's during my interview.


I am not sure if the system has changed, or if they will just use the image I uploaded during the initial online application process.... but I am wondering how they proceed in issuing the visa without a proper passport photo?
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Old Dec 7th 2016, 12:02 pm
  #3287  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by James2014
... or if they will just use the image I uploaded during the initial online application process...
This, most likely.

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Old Dec 7th 2016, 8:09 pm
  #3288  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
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
To be fair Ian, it could happen. There is plenty of anecdotal evidence throughout this thread (including my own experience) to indicate that having a visa with a waiver annotation can lead to a visit to secondary processing.
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Old Dec 11th 2016, 5:31 pm
  #3289  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hello, i have spent few nights on reading this forum, it is very helpful. I am from Poland and i had my interview at 15th of June, consul took my passport but unfortunatelly they called me few days later that i i will need waiver for my touristic visa, and they will take care about everything and call me with a result. I am starting to freak out after so many months. I am afraid that i will not get it due to my suspended conviction that is going to end at march (8 months for two years, due to my shameful act from 2013) I took pension after my dad death for few months when i stoped a school. Do you think it is even a small possibility that they will give me positive answer? Sorry, i know my english is not perfect.
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Old Dec 11th 2016, 5:43 pm
  #3290  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by noir89
Hello, i have spent few nights on reading this forum, it is very helpful. I am from Poland and i had my interview at 15th of June, consul took my passport but unfortunatelly they called me few days later that i i will need waiver for my touristic visa, and they will take care about everything and call me with a result. I am starting to freak out after so many months. I am afraid that i will not get it due to my suspended conviction that is going to end at march (8 months for two years, due to my shameful act from 2013) I took pension after my dad death for few months when i stoped a school. Do you think it is even a small possibility that they will give me positive answer? Sorry, i know my english is not perfect.
So, if I understand correctly you were convicted of fraud? When were you convicted? When did the sentence end?

Your post is a bit confusing, but if you are still serving the suspended sentence, I don't think you have much (ANY) hope.
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Old Dec 11th 2016, 5:47 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Shirtback
So, if I understand correctly you were convicted of fraud? When were you convicted? When did the sentence end?

Your post is a bit confusing, but if you are still serving the suspended sentence, I don't think you have much (ANY) hope.
Thank you for an answer, i was convicted in march of 2015 and it is going to an end in march of 2017. It is what i thought that it is going to be difficult, my one hope was that they didnt deny my application but offered a waiver.
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Old Dec 11th 2016, 6:36 pm
  #3292  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by noir89
... my one hope was that they didnt deny my application but offered a waiver.
Generally, if you are recommended for a waiver, you will get it.

Ian
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Old Dec 11th 2016, 8:52 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all,

thanks for all the useful information in the post.

I am currently awaiting to see if I am issued a Visa by the waiver of ineligability process following my interview at the end of September.

My 2 questions are, if a visa is granted, when do you find out if its a year or carries conditions?

When you arrive in the US, is the entry through immigration different for those who are travelling on a Visa vs Visa Free travellers?

Thanks in advance..
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Old Dec 11th 2016, 9:23 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by graham8219
... if a visa is granted, when do you find out if its a year or carries conditions?
You'll find out when you look in your passport after the visa has been issued... and not one moment before then.


When you arrive in the US, is the entry through immigration different for those who are travelling on a Visa vs Visa Free travellers?
Not usually. Everyone who isn't a US citizen (or a PR) will go through the same line. If you have a waiver attached to your visa, you may be sent to secondary processing for a few extra questions.

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Old Dec 12th 2016, 4:59 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by graham8219
Hi all,

thanks for all the useful information in the post.

I am currently awaiting to see if I am issued a Visa by the waiver of ineligability process following my interview at the end of September.

My 2 questions are, if a visa is granted, when do you find out if its a year or carries conditions?

When you arrive in the US, is the entry through immigration different for those who are travelling on a Visa vs Visa Free travellers?

Thanks in advance..
Not sure what you mean by conditions but as Ian says it is when you receive the visa you will find out the length of the visa.

For entry you will stand in the same queue as everyone else. I was and when I got to passport control was asked general questions as everyone is and had my fingerprints taken. But then was took to a second room full of other people. I know one guy was there because a number didn't match between passport and visa (don't think he was from an esta country).

I was only there about 15 mins tho. Wasn't asked any questions. Just given my passport back. I assume my visa was just double checked
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Old Dec 13th 2016, 2:30 pm
  #3296  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I have travelled four time now under a waiver.After normal passport control Each time I was directed to a small room. here I would sit and wait(shortest time 15 mins,longest 1hr 20mins, it just depends on how many people are already in the room when you arrive)I have only once been asked anything "do you have a return ticket" and then your passport is given back and you proceed through customs as normal. Absolutely nothing to worry about ,just a bit of a pain in the a after a long flight.
Just got my third waiver 5 years, so, happy about that

Just to add, I was told at DFW airport, that this would be the procedure each time I entered,but I do not think it was a "full secondary screening" as there were two rooms and from what I could see, there was a lot more interaction between passengers and officers in the other room.

Last edited by sevorg; Dec 13th 2016 at 2:35 pm.
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Old Dec 21st 2016, 3:50 pm
  #3297  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hello everybody. I am glad to find this forum and especially this thread about nonimmigrant visa waiver. And now, I really need your help to figure out what I need to do. I am from Mali/Africa
This is my timeline and story
August 2011: I got a F-1 visa, and I went to US
May 2015 : I came back home to renew my passport and my visa
July 2015 : I went for visa interview and I was refused because of 6C1 that happened in 2008. The CO told me that they requested a waiver for me, but I will need to wait at least six month to get noticed. Almost a year later, I sent an email to the US Embassy about my application, they said the requested was DENIED.
Now that I hired a lawyer, she sent an email to the Embassy, they told her that they have requested a waiver but it was denied, the case is not on their hands anymore, if we want to follow up, we need to contact CBP. And I read an article in this forum, and it says that there is no communication between ARO and the application or representative, but ARO and Consular. I am confused.
What can I do ? Please I need your inputs.
Thank you
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Old Dec 21st 2016, 4:04 pm
  #3298  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by noonelikeyou
What can I do ?
The 6C1 made you permanently ineligible for a visa... so you must have a waiver if you want to visit the US. If the Consular Officer recommended you for a waiver but it was subsequently denied, then - to my knowledge - there is absolutely nothing you can do about it. The denial came from the Department of Homeland Security (DHS) - and they have the final say in the matter.


... the case is not on their hands anymore...
This is correct. The waiver review by the DHS is the final step in the process.


... if we want to follow up, we need to contact CBP.
CBP is a branch of the DHS. The DHS decision is final.

With respect, I don't know that there is anything you can do other than submit a new visa application, hope it gets recommended for a waiver, and that the waiver is subsequently approved.

I don't think it's going to happen... but you can certainly try.

Ian
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Old Dec 21st 2016, 4:18 pm
  #3299  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Agree, nothing to stop you applying again.

What was the Misrep?
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Old Dec 21st 2016, 6:23 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ok. Thank you for your reply.
Now that my wife is a legal permanent resident and my son is a US Citizen, What would happen if I apply for immigrant visa (after I-130 has been approved)?
Thank you
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