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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old May 21st 2019, 5:15 pm
  #4156  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller View Post
Your old British passport will be returned to you when you renew it. As long as the US visa page hasn't had the corner clipped (this shouldn't happen, but you never know), you can still use it alongside the new passport.

If some careless civil servant has clipped the corner off the US visa when cancelling the old passport, then you're out of luck. It's no longer valid and you'll need to make a fresh application using your new passport.
thanks for this info all. I will make it clear somehow when I send it there is a visa inserted. Lastly , a few questions on renewing visa in 5 years.

1. Will I have to wait until the 5 years is up hence there being a period of time that I can’t travel to Us.
2. Will I have to go through same process / costs. I.e. visit embassy , be told no and await waiver process?

Many thanks again
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Old May 21st 2019, 6:40 pm
  #4157  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Thekopman View Post


thanks for this info all. I will make it clear somehow when I send it there is a visa inserted. Lastly , a few questions on renewing visa in 5 years.

1. Will I have to wait until the 5 years is up hence there being a period of time that I can’t travel to Us.
2. Will I have to go through same process / costs. I.e. visit embassy , be told no and await waiver process?

Many thanks again
No, you don't need to wait until the five years are up. You can apply for another US visa at any time.

Yes, you will have to follow the exact same process all over again - get an up to date ACRO certificate, apply for the visa, get an interview at the embassy, be recommended for a waiver, then wait.
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Old May 21st 2019, 6:44 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller View Post
No, you don't need to wait until the five years are up. You can apply for another US visa at any time.

Yes, you will have to follow the exact same process all over again - get an up to date ACRO certificate, apply for the visa, get an interview at the embassy, be recommended for a waiver, then wait.
fantastic - very clear. So I will be putting a reminder somewhere to apply in 4.5years to re- apply.

Many thanks for everyone’s help on this forum.
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Old May 29th 2019, 10:09 am
  #4159  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I hope somebody can help me.

My husband has a CIMT conviction from over 20 years ago. He had a Visa appointment this morning and even though we obtained information from the courts when the ACRO certificate just came back as no live trace and no further information they have asked him to contact ACRO to clarify the conviction and to give permission for the embassy to speak with ACRO.

Does anybody know if once he sends the confirmation they will look at issuing the Visa or will it still go down the waiver of eligibility route? Guess I am looking at timescales really.

Thanks in advance.
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Old May 29th 2019, 10:32 am
  #4160  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

What was the conviction? How old was he at the time? It really depends if it will come under the petty offense exception, if not then he will need a waiver.

Which visa? B2?
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Old May 29th 2019, 10:46 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kitty... View Post
I hope somebody can help me.

My husband has a CIMT conviction from over 20 years ago. He had a Visa appointment this morning and even though we obtained information from the courts when the ACRO certificate just came back as no live trace and no further information they have asked him to contact ACRO to clarify the conviction and to give permission for the embassy to speak with ACRO.

Does anybody know if once he sends the confirmation they will look at issuing the Visa or will it still go down the waiver of eligibility route? Guess I am looking at timescales really.

Thanks in advance.
To give you an idea mine was ABH from 11 years ago and I got the feeling as soon as I started the interview there was no chance of Visa then and that the interviewer was going through the motions. My waiver then took just over 3 months until the passport with 5 year visa was in my hand.
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Old May 29th 2019, 11:38 am
  #4162  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kitty... View Post
I hope somebody can help me.

My husband has a CIMT conviction from over 20 years ago. He had a Visa appointment this morning and even though we obtained information from the courts when the ACRO certificate just came back as no live trace and no further information they have asked him to contact ACRO to clarify the conviction and to give permission for the embassy to speak with ACRO.

Does anybody know if once he sends the confirmation they will look at issuing the Visa or will it still go down the waiver of eligibility route? Guess I am looking at timescales really.

Thanks in advance.
As civilservant has already pointed out, whether they issue the visa, deny the visa or recommend a waiver will all depend on the nature of the offence and conviction.

It sounds as though you will need to submit a Subject Access Request to ACRO in order to seek the information that is required.
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Old May 29th 2019, 2:52 pm
  #4163  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller View Post
As civilservant has already pointed out, whether they issue the visa, deny the visa or recommend a waiver will all depend on the nature of the offence and conviction.

It sounds as though you will need to submit a Subject Access Request to ACRO in order to seek the information that is required.
Thank you all. The conviction was for theft when he was 19 (24 years ago, a stupid thing and nothing since). He spoke to ACRO earlier and they provided the details and also emailed him the confirmation that he is happy for the embassy to contact them. We received confirmation from the embassy that they received his email and I guess now they will also speak with ACRO to clarify / confirm the information. So it looks like we have done everything we can so just have to wait. It sounds from other recent posts that they are only taking approx 3 months if they do go to a waiver of in eligibility so fingers crossed we should hear something and August time.
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Old May 29th 2019, 4:55 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kitty... View Post
Thank you all. The conviction was for theft when he was 19 (24 years ago, a stupid thing and nothing since). He spoke to ACRO earlier and they provided the details and also emailed him the confirmation that he is happy for the embassy to contact them. We received confirmation from the embassy that they received his email and I guess now they will also speak with ACRO to clarify / confirm the information. So it looks like we have done everything we can so just have to wait. It sounds from other recent posts that they are only taking approx 3 months if they do go to a waiver of in eligibility so fingers crossed we should hear something and August time.
He will almost certainly require a waiver for a theft conviction. August might be optimistic in terms of receiving an eventual outcome though.
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Old May 29th 2019, 5:32 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller View Post
He will almost certainly require a waiver for a theft conviction. August might be optimistic in terms of receiving an eventual outcome though.
was meant to say end August!
Thanks, will keep you all posted. Hopefully we will hear within 6 months at least!
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Old May 30th 2019, 12:40 pm
  #4166  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi
Been following this thread for a while and was hoping I could get a bit of advice. Background - my partner received a 4 year custodial sentence for GBH with intent 11 years ago when he was 21. He served half his time and then did the following 2 years on probation.

We have already been to the embassy and got his visa refused. The lady was very nice and explained she couldn't give him a visa due to it being a crime of moral turpitude but she said she could see he'd clearly changed, this was his only offence and he's been a good boy since and completely turned his life around. So she said she was recommending him for a waiver and a 5 year visa.

Now what I can't seem to find is any examples where people have been refused a waiver once they've been put forward for one. Has this ever happened to anyone? I'd like to book for Florida for May 2020 and if they are still issuing waivers with a 3 month timeframe then that's plenty of time but I was wondering if anyone had heard of any refusals of a waiver? Thanks
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Old May 30th 2019, 12:49 pm
  #4167  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Of course it can happen, but it's unusual.

DO NOT book any trips until he has the visa in his hand. He may (likely will) only get a visa with a limited validity. It might be 5 years, but it might less too.
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Old May 31st 2019, 6:24 pm
  #4168  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Does anybody know if it says 'refused' on the CEAC website, when you log in to see the status of your Visa if that page also would show if you have been referred for a waiver of ineligibility? Or does that always show refused and won't update for the waiver of eligibility?

We don't know if my husband has been referred for the waiver of ineligibility or not. Have tried emailing them but not heard back. We supplied some additional information after the appointment but don't know if it was refused after we submitted the additional info or before.

Thanks
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Old Jun 1st 2019, 8:27 am
  #4169  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi

I too have been following this thread for a while and there's some great, informative advice on here and I'm hoping someone can offer an opinion on my situation...

I have an embassy interview this month and already know I'm inadmissible due to multiple convictions which go back 25 years. I'm hoping to be recommended for a waiver but understand it's discretionary and this may not happen. After a (very upset) phone call to the embassy I was advised to apply anyway due to the length of time lapsed.

However..... back in January of this year, I ended up getting arrested for assault following a blazing row with my husband at a hotel. We were over heard and the hotel manager said it was policy to call the police... completely over the top and long story short I was released and no further action taken (no assault took place, it just sounded very bad).

The arrest didn't show up on my police certificate, just no live trace but I'm assuming the embassy will check with ACRO if I am put forward for a waiver and it'll be on the subject access report.

I'm guessing it's game over due to the recent arrest?
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Old Jun 1st 2019, 8:58 am
  #4170  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

The fact there were no charges weighs in your favor, but your criminal history weighs the other way since it appears that you’ve slipped back into criminal habits. I think it’s a toss up tbh.
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