Nonimmigrant Visa Waiver of Ineligibility Application
#4216
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Posts: 521
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Posts tend to be more frequent here when the queue/wait is longer than people are anticipating, so given the quiet recently, a 4-5 month timeline is probably what you can expect.
#4217
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
My visa which i got for a year after being referred for visa waiver expires in Mar I have already travelled to SFO and back for a 10 day trip in oct and plan to go again later in the year how close to the visa expiring should i apply for another visa
#4219
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#4220
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#4221
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
I have read through many pages of this forum to avoid duplicate questions, but I can't find anything that specifically tackles my query.
18 years ago I committed a serious crime. I would rather not go into the details too much, but it resulted in a few convictions all related to the same incident. That said, although the crime is very serious, my case was very mild, and I was issued with just a fine and a conditional discharge. The pertinent point is that it could have resulted in many years inside, and my understanding is that immigration officials view the severity of the offence through the prism of what the maximum sentence could have been, rather than the actual sentence imposed.
I left as long as possible before applying for a Visa (18 years) with the acceptance that the crime may prevent me from obtaining a waiver regardless of how long ago. However, to my delight, I was recommended for a waiver. I realise now that whilst subjective discretion is in the hands of the consular officer, they are bound by objectivity as well and the leniency of my sentence perhaps helped.
My questions are therefore as follows:
- although the CO viewed my case favouribly, is there any likelihood that the ARO will apply more subjectivity to the nature of my crime and pay less regard to the amount of time passed? I note that the ARO approval rate is north of 90% for waiver recommendations, but there must be a reason that the others are rejected beyond just administration issues; is the CO's judgement called into question or is it technicalities that cause refusals?
- assuming that I fall in line with statistics and the ARO approve my waiver, does anyone have any experience of people with waivers being denied entry at the border? Again, as the border officers have ultimate discretion to permit or refuse entry, what is the likelihood of me being turned away after completing so many hurdles? The nature of the crime is again what worries me, and I would hate to have gone through all the hurdles just for someone to look and refuse me on the spot simply because of what I did, regardless of waiver.
Ps. I note that the most recent Belfast processing update PDF now shows expected lead times of just 1 month (previous ones have shown 4 and 6 months in line with people''s experience at the time). I applied in London, but nonetheless the timescale they are reporting in Belfast seems very low compared to historic standards. Is anyone currently in the chain that has received news earlier than expected?
18 years ago I committed a serious crime. I would rather not go into the details too much, but it resulted in a few convictions all related to the same incident. That said, although the crime is very serious, my case was very mild, and I was issued with just a fine and a conditional discharge. The pertinent point is that it could have resulted in many years inside, and my understanding is that immigration officials view the severity of the offence through the prism of what the maximum sentence could have been, rather than the actual sentence imposed.
I left as long as possible before applying for a Visa (18 years) with the acceptance that the crime may prevent me from obtaining a waiver regardless of how long ago. However, to my delight, I was recommended for a waiver. I realise now that whilst subjective discretion is in the hands of the consular officer, they are bound by objectivity as well and the leniency of my sentence perhaps helped.
My questions are therefore as follows:
- although the CO viewed my case favouribly, is there any likelihood that the ARO will apply more subjectivity to the nature of my crime and pay less regard to the amount of time passed? I note that the ARO approval rate is north of 90% for waiver recommendations, but there must be a reason that the others are rejected beyond just administration issues; is the CO's judgement called into question or is it technicalities that cause refusals?
- assuming that I fall in line with statistics and the ARO approve my waiver, does anyone have any experience of people with waivers being denied entry at the border? Again, as the border officers have ultimate discretion to permit or refuse entry, what is the likelihood of me being turned away after completing so many hurdles? The nature of the crime is again what worries me, and I would hate to have gone through all the hurdles just for someone to look and refuse me on the spot simply because of what I did, regardless of waiver.
Ps. I note that the most recent Belfast processing update PDF now shows expected lead times of just 1 month (previous ones have shown 4 and 6 months in line with people''s experience at the time). I applied in London, but nonetheless the timescale they are reporting in Belfast seems very low compared to historic standards. Is anyone currently in the chain that has received news earlier than expected?
#4222
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Joined: Jun 2017
Posts: 521
Re: Nonimmigrant Visa Waiver of Ineligibility Application
- although the CO viewed my case favouribly, is there any likelihood that the ARO will apply more subjectivity to the nature of my crime and pay less regard to the amount of time passed? I note that the ARO approval rate is north of 90% for waiver recommendations, but there must be a reason that the others are rejected beyond just administration issues; is the CO's judgement called into question or is it technicalities that cause refusals?
- assuming that I fall in line with statistics and the ARO approve my waiver, does anyone have any experience of people with waivers being denied entry at the border? Again, as the border officers have ultimate discretion to permit or refuse entry, what is the likelihood of me being turned away after completing so many hurdles? The nature of the crime is again what worries me, and I would hate to have gone through all the hurdles just for someone to look and refuse me on the spot simply because of what I did, regardless of waiver.
Ps. I note that the most recent Belfast processing update PDF now shows expected lead times of just 1 month (previous ones have shown 4 and 6 months in line with people''s experience at the time). I applied in London, but nonetheless the timescale they are reporting in Belfast seems very low compared to historic standards. Is anyone currently in the chain that has received news earlier than expected?
18 years is a long time, and if the CO was positive towards you, that's a very good indicator. I suspect you will be fine.
Do report back, please! Info on these cases helps us advise future applicants.
#4224
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#4225
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
#4226
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Joined: Mar 2015
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
Hi all, I was just wondering if anyone could answer a few questions for me please ?
i received a waiver in 2015 for 1 year and I am planning on visiting the States again later this year,I have booked an appointment and completed the DS-160 and wanted to know if
a) I need to get another ACRO police Certificate (last one dated 2015 and no further incidents)
b) How long are the current wait times
c) Will the visa be granted for longer then a year (if successful)
Thanks in advance
Carl
i received a waiver in 2015 for 1 year and I am planning on visiting the States again later this year,I have booked an appointment and completed the DS-160 and wanted to know if
a) I need to get another ACRO police Certificate (last one dated 2015 and no further incidents)
b) How long are the current wait times
c) Will the visa be granted for longer then a year (if successful)
Thanks in advance
Carl
#4228
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
#4229
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
#4230
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Re: Nonimmigrant Visa Waiver of Ineligibility Application
Thanks for the update Jay, keep us posted with how you get on & I’ll do likewise really frustrating having no way to get an update If interviewed in London unlike Belfast who provide weekly updates, they are working through case at end of January at minute