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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 8th 2017, 6:45 am
  #3421  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application



Hi,


I'min a bit of a dilemma over here and would appreciate anyone who's been in asimilar situation to help shed some light.


Somy current visa expired and I am residing in the US on L1B status and I need toapply for a new visa but am afraid I'll get stuck outside of the states whilemy application is being processed.


Iwill in addition to my visa be required to apply for a nonimmigrant waiver ofinadmissibility, I have been granted two of these waivers in the past, I havenot committed any new offenses and my ground for inadmissibility have notchanged since the two of them were approved.
If I leave the US to apply for a visa I will not get back in to the US untilit's approved and given the lengthy process 6-8 months for obtaining the waiverI wonder if there's any way to apply for the waiver prior to the visa so I canhave it approved and issued straight away once I go into the consulate to applyfor my visa?



Oreven better if I can apply for the waiver and the visa remotely? I've seen it'spossible to apply for a visa remotely however they specified that if you've gotany criminal offenses in the past this is not always possible, which I do, thesecond option would be preferred, I do expect both the visa and waiver to beapproved as I would be applying on the same grounds as I was approved on twicein the past.


Let me know if anyone has been in a similar situation in the past and if youfigured out a way to apply, have it approved and issue remotely.


OtherwiseI'll have to stay in the US as I'm still considered "In Legal Status"until I'm ready to leave for a longer duration of time to have my visa andwaiver approved before I returning.


Thanks,
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Old Mar 8th 2017, 7:55 am
  #3422  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by McMullen
I wonder if there's any way to apply for the waiver prior to the visa...
There is not, no. The waiver is possible only after a visa has been denied... therefore, it can't ever precede a visa application.


Or even better if I can apply for the waiver and the visa remotely?

You can send the visa application abroad, yes - but you'll need to interview at that US Consulate abroad. If you need a waiver, you can't enter the US until the waiver is approved and you get the visa in your passport.


Otherwise I'll have to stay in the US as I'm still considered "In Legal Status"until I'm ready to leave for a longer duration of time to have my visa and waiver approved before I returning.
This is likely your only viable strategy.

Ian
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Old Mar 9th 2017, 7:18 am
  #3423  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks Ian for your input! Reckon i'll stick around until I'm prepared to stay outside of the states for a longer period of time.
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Old Mar 9th 2017, 1:49 pm
  #3424  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

McMullen I can refer you to this link:

<snip>

In which it states:

"Important Change in Immigrant Waiver Processing

There has been a very positive change in the way that immigrant waiver applications are processed. For many years, people applying for immigrant visas from outside the U.S. had to attend their visa interviews, receive a denial, and then submit their waiver applications while outside the U.S. They then had to wait outside the U.S. until their waivers were approved. This entire process could take many months.

Provisional Waiver Processing
People who are eligible to use the provisional waiver processing program can now submit their waiver applications to USCIS before they leave the U.S. for their visa interviews, rather than after they have departed from the U.S. and been denied their visas. The major advantage is that provisional waiver applicants know before departing from the U.S. that their waivers have been approved, rather than leaving the U.S. and wondering whether they will be able to come back. Another major advantage is that the provisional waiver process dramatically decreases the length of family separation. If the waiver application is approved, the applicant still has to leave the U.S. in order to receive his or her immigrant visa, but will be gone for only several days rather than several months. You may be eligible to use the provisional waiver process if:
You are applying for an immigrant visa as an “immediate relative.” Spouses and children of United States citizens are immediate relatives; spouses and children of permanent residents are not immediate relatives.

You are physically present in the United States.
You need a waiver only for unlawful presence. If you need an additional waiver for another ground of inadmissibility, you must use the “traditional” processing system, which means that you have to leave the U.S. and apply for a visa before you can submit your waiver application.
You are not in removal (deportation) proceedings."

Might be some promising developments for you. Perhaps get in touch with them.

Cheers

Last edited by christmasoompa; Mar 9th 2017 at 5:56 pm. Reason: Link removed - not an official source and also looks a bit spammy for a newbie!
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Old Mar 9th 2017, 8:41 pm
  #3425  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by bigdave39
McMullen I can refer you to this link:

<snip>

In which it states:

"Important Change in Immigrant Waiver Processing

There has been a very positive change in the way that immigrant waiver applications are processed. For many years, people applying for immigrant visas from outside the U.S. had to attend their visa interviews, receive a denial, and then submit their waiver applications while outside the U.S. They then had to wait outside the U.S. until their waivers were approved. This entire process could take many months.

Provisional Waiver Processing
People who are eligible to use the provisional waiver processing program can now submit their waiver applications to USCIS before they leave the U.S. for their visa interviews, rather than after they have departed from the U.S. and been denied their visas. The major advantage is that provisional waiver applicants know before departing from the U.S. that their waivers have been approved, rather than leaving the U.S. and wondering whether they will be able to come back. Another major advantage is that the provisional waiver process dramatically decreases the length of family separation. If the waiver application is approved, the applicant still has to leave the U.S. in order to receive his or her immigrant visa, but will be gone for only several days rather than several months. You may be eligible to use the provisional waiver process if:
You are applying for an immigrant visa as an “immediate relative.” Spouses and children of United States citizens are immediate relatives; spouses and children of permanent residents are not immediate relatives.

You are physically present in the United States.
You need a waiver only for unlawful presence. If you need an additional waiver for another ground of inadmissibility, you must use the “traditional” processing system, which means that you have to leave the U.S. and apply for a visa before you can submit your waiver application.
You are not in removal (deportation) proceedings."

Might be some promising developments for you. Perhaps get in touch with them.

Cheers
That is all completely irrelevant as McMullen isn't applying for an immigrant visa waiver. This entire thread is about non-immigrant waivers.
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Old Mar 10th 2017, 12:26 am
  #3426  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by bigdave39
McMullen I can refer you to this link:
What a complete waste of time. McMullen isn't pursuing an immigrant visa. I suggest you read more and post less!

Ian
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Old Mar 11th 2017, 6:54 am
  #3427  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all,

Would just like to update everyone regarding my experience entering the US on a waiver. Returned today from a trip to New York. I found the whole process of entering quite smooth, and with the info received from various posters on here, fully as expected.

Landed at Newark at 1.30pm on Monday. Was escorted to secondary as expected and after having to sit and wait for about 10 mins was called up to the CBP officer. Asked a few routine questions, "how long you here for?" "What are you going to do while you are here?" "Where are you staying?" I was also asked as to what happened that I needed a visa and couldn't travel on the ESTA. I had to briefly explain the situation that 10 years ago resulted in me getting a criminal record. The officer then told me to be aware that I will have to visit secondary on every visit to the USA and to take this into consideration if I ever have a connecting flight.

Was out of the airport and in a taxi 30 mins after landing. On the whole all officers were polite and courteous and everything went as smoothly as expected.

This has put my mind at ease for any future visits across the Atlantic!

Last edited by SethFreakingRollins; Mar 11th 2017 at 6:56 am.
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Old Mar 11th 2017, 8:35 am
  #3428  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by SethFreakingRollins
Hi all,

Would just like to update everyone regarding my experience entering the US on a waiver. Returned today from a trip to New York. I found the whole process of entering quite smooth, and with the info received from various posters on here, fully as expected.

Landed at Newark at 1.30pm on Monday. Was escorted to secondary as expected and after having to sit and wait for about 10 mins was called up to the CBP officer. Asked a few routine questions, "how long you here for?" "What are you going to do while you are here?" "Where are you staying?" I was also asked as to what happened that I needed a visa and couldn't travel on the ESTA. I had to briefly explain the situation that 10 years ago resulted in me getting a criminal record. The officer then told me to be aware that I will have to visit secondary on every visit to the USA and to take this into consideration if I ever have a connecting flight.

Was out of the airport and in a taxi 30 mins after landing. On the whole all officers were polite and courteous and everything went as smoothly as expected.

This has put my mind at ease for any future visits across the Atlantic!
Excellent.
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Old Mar 11th 2017, 11:15 pm
  #3429  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by SethFreakingRollins
Hi all,

Would just like to update everyone regarding my experience entering the US on a waiver. Returned today from a trip to New York. I found the whole process of entering quite smooth, and with the info received from various posters on here, fully as expected.

Landed at Newark at 1.30pm on Monday. Was escorted to secondary as expected and after having to sit and wait for about 10 mins was called up to the CBP officer. Asked a few routine questions, "how long you here for?" "What are you going to do while you are here?" "Where are you staying?" I was also asked as to what happened that I needed a visa and couldn't travel on the ESTA. I had to briefly explain the situation that 10 years ago resulted in me getting a criminal record. The officer then told me to be aware that I will have to visit secondary on every visit to the USA and to take this into consideration if I ever have a connecting flight.

Was out of the airport and in a taxi 30 mins after landing. On the whole all officers were polite and courteous and everything went as smoothly as expected.

This has put my mind at ease for any future visits across the Atlantic!
Thanks for the write-up. Was interesting to read.

Have a good time.
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Old Mar 21st 2017, 10:43 pm
  #3430  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all! I am still awaiting the outcome from my interview on August 19th 2016... 30 weeks and 5 days and still no news. Will update you all when I hear anything.
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Old Mar 22nd 2017, 10:18 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by NeverForget84
Hi all! I am still awaiting the outcome from my interview on August 19th 2016... 30 weeks and 5 days and still no news. Will update you all when I hear anything.
Seems like a rather long time to be waiting, compared to other applicants. Have you been checking your CEAC status to see if there has been any change in your case? You should also be carefully monitoring your spam email folder in case the embassy email has been misdirected there.
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Old Mar 22nd 2017, 11:34 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Just thought I'd give my timeline to give people hope as I think I've read every post in this forum.

Crimes: Armed robbery (acsessory) and receiving stolen goods. Good behavior bond.

Interview at Sydney consulate 27th November. Asked to supply a different type of check. Also recommended for a waiver with 5 year visa.

Emailed my check on the 22 November 2016, which is when the could start processing.

22nd march : approved waiver! Sent passport yesterday via over night courier. Will have to wait and see how long the visa is for! They said I'd have my passport within 7days!

Holiday was booked for 14th April! Such a close call.
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Old Mar 22nd 2017, 11:36 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by NeverForget84
Hi all! I am still awaiting the outcome from my interview on August 19th 2016... 30 weeks and 5 days and still no news. Will update you all when I hear anything.
You should email the consulate, maybe they are waiting for something from you. I applied 22 November. Approved 22nd march!
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Old Mar 22nd 2017, 6:39 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi all and a massive thanks for replying to me. Upon your advice I have checked the progress of my CEAC and I am very very confused. The application says REFUSED and the date mentioned is the date I went for my interview which was on August 19th and it says that was the same date it was updated. However, the lady who interviewed me, told me she was sending my application for waiver, with a strong recommendation for a 5 year waiver. Please bear in mind I was approved for a 1 year waiver in 2015, after which I successfully went to the USA. I am very upset here and really don't know what to do next?? please help
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Old Mar 22nd 2017, 7:01 pm
  #3435  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by NeverForget84
Hi all and a massive thanks for replying to me. Upon your advice I have checked the progress of my CEAC and I am very very confused. The application says REFUSED and the date mentioned is the date I went for my interview which was on August 19th and it says that was the same date it was updated. However, the lady who interviewed me, told me she was sending my application for waiver, with a strong recommendation for a 5 year waiver. Please bear in mind I was approved for a 1 year waiver in 2015, after which I successfully went to the USA. I am very upset here and really don't know what to do next?? please help
It will say refused until it has processesed. Send the consulate you interviewed at an email. They always reply to me within 24 hours.

It's strange it's taken so long. This was my first time applying and a 4 month wait.
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