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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

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Old Sep 22nd 2017, 9:46 pm
  #3751  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
Hopefully near the end of this process and this last part feels the worst. So near yet so far.

I sent my passport the day I received the email (18th Sep) by Royal Mail and it was signed for on the morning of the 19th.

On the morning of the 20th the case date updated but it still says administrative processing. This is the same for mine, my wifes and my daughters.

Hopefully this will be the last weekend of waiting.....
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
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Old Sep 22nd 2017, 10:02 pm
  #3752  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by karenkaren1
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
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 !!!
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Old Sep 22nd 2017, 10:09 pm
  #3753  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
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 !!!
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!

Last edited by karenkaren1; Sep 22nd 2017 at 10:15 pm. Reason: typo
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Old Sep 22nd 2017, 10:16 pm
  #3754  
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Default 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.


Originally Posted by karenkaren1
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 CG in this situation without the qualifying USC suffering extreme hardship. hope I'm wrong!
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Old Sep 22nd 2017, 10:20 pm
  #3755  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
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.
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
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Old Sep 22nd 2017, 10:22 pm
  #3756  
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Default 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.
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Old Sep 22nd 2017, 10:24 pm
  #3757  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Boiler
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.
yes. This is exactly my point and my fear.
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Old Sep 22nd 2017, 10:48 pm
  #3758  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
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.
side note: 01 visa sounds very interesting!
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Old Sep 25th 2017, 9:36 am
  #3759  
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Default 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.
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Old Sep 25th 2017, 12:53 pm
  #3760  
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Default 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.
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Old Sep 25th 2017, 9:49 pm
  #3761  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
And breathe..

Just got the email to say ,y passport is with the courier and I can collect tomorrow.
hi, when was your visa interview? and was it London? I'm just trying to gage how much longer i may be waiting..
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Old Sep 25th 2017, 9:50 pm
  #3762  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Limey187
hi, when was your visa interview? and was it London? I'm just trying to gage how much longer i may be waiting..
19th May in London.
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Old Sep 25th 2017, 9:55 pm
  #3763  
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Smile Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Hle311
I went for my interview on 31st May, 2nd application and therefore 2nd waiver; received my email to send passport today so just over 15 weeks which is a wonderful surprise! This time round I fully expected I'd get it as nothing had changed since my previous application so I was much more relaxed and pretty much put it out of my mind and carried on as normal and there we have it...very happy person right here!
i went for my interview on 31st may too! thats given me some good hope that i might get an email soon aswel then
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Old Sep 25th 2017, 10:04 pm
  #3764  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
19th May in London.
oooh nice, mine was 31st. congrats by the way, enjoy your travels!
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Old Sep 25th 2017, 10:08 pm
  #3765  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
Logged in to status check site today and the case updated date has changed to today. Still saying Administrative Processing.

Nice to see it has changed for once 😎
what site is it to log in to check this? sorry for all the questions
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