Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I received my email today! 15th of June so about 14 weeks on the nose. 2nd waiver, for an E-2 visa. Last waiver took 5 weeks.

What a bloody relief.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi, just wondering....was one of the counts of inadmissibility 'wilful misrepresentation of a material fact'? I am asking because this is the one thing I want to avoid as it is pretty difficult to get an immigrant visa with this (further down the line).

thank you

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I was told that my waiver was applied for controlled sunbstance violation and wilful misreprenstaion. I have been to the states at least 20 times on VWP and ticked no as thought I could under rehabilitation of offenders act.

When I went to apply for visa it makes it clear that ROO doesn’t count for immigration so I declared it. The CO wasn’t having it and said he would declare me inadmissble for both but it wouldn’t add any time in getting the waiver.

My plan is to go there on non immigrant status and after a year try to adjust status and fight that argument again.

No idea what will happen but I have to try to get the answer !!!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

yes, thats what I am fearing. My husband situ practically identical to your own - as discussed. This chart is helpful in showing which grounds of inadmissibility can be waivered for immigrant v. non immigrant waivers Grounds of Inadmissibility and Immigration Waivers Chart
I am led to believe (speaking to several attorneys), it is impossible to get a GC in this situation without the qualifying USC suffering extreme hardship. hope I'm wrong!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I have done a ton of research and have a good lawyer though the company I am going to work for and I am on an O1 Visa.

The only way to get a green card is through adjustment of status and getting the wilfull misrepresentation over turned. I never declared May conviction because it was classed as spent and didn’t think i needed to on VWP as it doesn’t mention the rehabilitation of offenders act doesn’t apply.

When I went to apply for non immigrant visa they make it clear when filling out the form they do not recognise the ROA so I declared it straight away.

Hopefully they will determine that it wasn’t intentional and then pass me for a waiver on the cannabis conviction.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

ok that makes sense. The cannabis conviction is actually the least of my worries. Obviously a waiver for this is available for both immigrant and non immigrant visas and my husband (and clearly yourself) meet the criteria of it being over 15 yrs ago etc

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The US does not have a Rehabilitation of Offenders act.

There are actually quite a few things that can be waived for a nonimmigrant visa that can not for immigrating.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

yes. This is exactly my point and my fear.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

side note: 01 visa sounds very interesting!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Status changed this morning to "Issued" Such a great way to start a Monday morning...

Now I just need to get my passport back in time for a cheeky trip to Venice next Tues.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

And breathe..

Just got the email to say ,y passport is with the courier and I can collect tomorrow.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

hi, when was your visa interview? and was it London? I'm just trying to gage how much longer i may be waiting..

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

19th May in London.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

i went for my interview on 31st may too! thats given me some good hope that i might get an email soon aswel then :lol::lol:

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

oooh nice, mine was 31st. congrats by the way, enjoy your travels!:thumbsup: