Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Jan 7th 2013, 8:16 am
  #436  
Just Joined
 
Joined: Jan 2013
Posts: 5
jessies girl is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi does anyone know if you get denied by the DHS for a waiver of ineligibility,can you reapply, my husband & children were all given O-1&O-3 visa's I was denied due to overstay & was told because it was a genuine mistake I would be fine now just been denied.Has this happened to any one else
jessies girl is offline  
Old Jan 7th 2013, 8:18 am
  #437  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

You can certainly try again if you wish. But unless there's been a significant change in your circumstances the next waiver application will likely have the exact same outcome. Was the overstay lengthy, or did it happen relatively recently? It may be that you need to wait much longer before making another application if you want to maximise the chances of success. Perhaps consider getting the advice of an experienced immigration attorney.
materialcontroller is offline  
Old Jan 7th 2013, 9:01 am
  #438  
Just Joined
 
Joined: Jan 2013
Posts: 5
jessies girl is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks for your quick reply, they are saying it was over a year overstay but totally through my own ignorance my passport ran out which took down my I-94,but I was still covered by my visa so it was stupidity on my part.
jessies girl is offline  
Old Jan 7th 2013, 9:05 am
  #439  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by jessies girl
Thanks for your quick reply, they are saying it was over a year overstay but totally through my own ignorance my passport ran out which took down my I-94,but I was still covered by my visa so it was stupidity on my part.
Can you explain a little more? They are saying you had more than a 1-year overstay in the USA, but you're saying you were legal in the USA all that time? An expired passport doesn't mean you're in the USA in an overstay situation. Not sure what you mean by "took down my I-94".

The I-94 would have had an expiration date on it....did you stay in the USA beyond the expiration date of the I-94?

It doesn't matter what the visa expiration date was. It also doesn't matter what your passport expiration date was. What matters is the I-94 expiration date.

The very basic question is: Did you stay in the USA beyond the I-94 expiration date? If so, then you overstayed. If not, then you did not.

Rene
Noorah101 is offline  
Old Jan 7th 2013, 9:11 am
  #440  
Just Joined
 
Joined: Jan 2013
Posts: 5
jessies girl is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Yes sorry what I meant was I thought I was Ok because I was covered by my visa,but when my passport ran out my I-94 ran out with that.So yes I overstayed my I-94,which now in hind sight I totally understand was stupid
jessies girl is offline  
Old Jan 7th 2013, 9:15 am
  #441  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by jessies girl
Yes sorry what I meant was I thought I was Ok because I was covered by my visa,but when my passport ran out my I-94 ran out with that.So yes I overstayed my I-94,which now in hind sight I totally understand was stupid
Oh no, I'm sorry to hear that.

If your current application for a waiver was denied, I don't see how applying again would make any difference. Your circumstances haven't changed.

Overstaying in the USA for more than 365 days results in a 10-year ban from returning.

Rene
Noorah101 is offline  
Old Jan 7th 2013, 9:21 am
  #442  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by jessies girl
Yes sorry what I meant was I thought I was Ok because I was covered by my visa,but when my passport ran out my I-94 ran out with that.So yes I overstayed my I-94,which now in hind sight I totally understand was stupid
You need a very good lawyer. Quickly. And even then, it's probably a long shot.
materialcontroller is offline  
Old Jan 7th 2013, 10:07 am
  #443  
Just Joined
 
Joined: Jan 2013
Posts: 5
jessies girl is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thankyou thats what I will do
jessies girl is offline  
Old Jan 8th 2013, 12:23 am
  #444  
Forum Regular
 
Joined: Jan 2013
Posts: 60
sevorg is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi everybody
Had my interview at the US Embassy London on the 21st of September for a tourist visa.Was given the form saying waiver of ineligibility would be recommended from DHS and that they would contact me.
Does anyone know either,how long they are currently taking to issue these waivers,I know that this answer could be "how long is a piece of string" but has anyone had any experience around the same time. or,an e mail address I can contact to get some information.
Thank you for any assistance.
(The printed form said 20/22 weeks but that was a pre printed standard form)
Is it worth contacting the ARO inquiry waiver e mail address?anyone have any experience of this.
Again thank you for any assistance or guidance.
sevorg is offline  
Old Jan 8th 2013, 12:35 am
  #445  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by sevorg
The printed form said 20/22 weeks but that was a pre printed standard form...
Well, it was 20-22 weeks when the form was created. It's more like 30-35 weeks now (unless you get lucky).


Is it worth contacting the ARO inquiry waiver e mail address?
No. The process will take as long as it takes, and the US government doesn't care whether or not you're inconvenienced.

Ian
ian-mstm is offline  
Old Jan 11th 2013, 2:03 am
  #446  
Forum Regular
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

im on week 35 and nothing as yet!! Really need to know as i need to go over for work in February.
marbella-james is offline  
Old Jan 11th 2013, 6:01 am
  #447  
Just Joined
 
Joined: Jan 2013
Posts: 5
jessies girl is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I got denied after 6 weeks,so maybe that's good news for you its taking so long and it might be an acceptance
jessies girl is offline  
Old Jan 16th 2013, 7:32 am
  #448  
Forum Regular
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Just want to quickly post that i now have a direct phone number by which you can call the state dept in Washington. They can tell you what exactly is happening with your file and an expected timeframe. Will PM anyone that wants it. Apparently I'm waiting for a visa to become available.
marbella-james is offline  
Old Jan 24th 2013, 2:37 am
  #449  
KTG
Forum Regular
 
Joined: Dec 2012
Posts: 54
KTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond reputeKTG has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Anyone applying or applied for a B2 visa with a drugs conviction and been granted one after getting a waiver?
KTG is offline  
Old Jan 24th 2013, 3:29 am
  #450  
BE Enthusiast
 
Joined: Oct 2010
Location: Boston
Posts: 707
DavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond reputeDavidLemon has a reputation beyond repute
Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by KTG
Anyone applying or applied for a B2 visa with a drugs conviction and been granted one after getting a waiver?
Are you asking if someone who required a waiver now no longer requires a waiver and just gets approved for the B2?

I would think that once you are ineligible for the B2 and require a waiver, then you will always be ineligible and thus will always require a waiver.

If that was not what you were asking, then please clarify the question.
DavidLemon is offline  

Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.