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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Nov 1st 2022, 3:25 am
  #4486  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Notified to pick up my Visa from DX in London 2/11

all in all just over 3 months. amazing considering last time i applied 5 years ago it took 8 months
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Old Nov 1st 2022, 4:21 am
  #4487  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Like others, I had been lurking here for a year or 2, having been convicted of fraud in 1998. I have a 12 months sentence, and I was inside for 6 months.

I wanted to go to the US, so applied for an ESTA, but this was refused in about a day. How did they know about my record? Who knows.

So I applied for a B2 visa, and after about 6 months I have my interview in London.

I went up, the process was basically that same as others on here have said, and at the end of the interview, the US agent said she was going to recommend me for a waiver. I then heard about 4 weeks later, to send my passport for the visa to be issued!

Am planning on a month tour of the US next year, but meanwhile I wanted to test the visa - so i booked a flight on BA for a quick week in New York, with my friend, what had applied for an ESTA no problems (he's a good boy!)

On arrival at JFK (terminal 7) - my friendwas asked for finger prints, purpose of journey etc., I was asked the same, but no prints (I had them taken at the embassy in London), but then the agent said my friend could go ahead and collect our luggage, but I had to go with him 'to the office'.

I went off to a small room, with about 30 other people in it. It was 9.30pm, I guess it can get busy at other times?

After maybe 15 minutes, I was called up to the desk, the agent asked me the same sort of questions - how long here for, where you staying. Then he stamped my passport and wrote a date - 6 months to the day of arrival (my friend, on his ESTA, had only 3 months).

I asked is it okay to go - said yes, and I was on my way. I had a quick glance at the remaining people in the office, not sure how long they would all have to wait for.

My question is - will I have to go to secondary inspection every time I travel to the US?

Last edited by christmasoompa; Nov 1st 2022 at 6:55 am. Reason: Swearing removed - family friendly forum and all that!
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Old Nov 1st 2022, 6:31 am
  #4488  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Lapchien
Like others, I had been lurking here for a year or 2, having been convicted of fraud in 1998. I have a 12 months sentence, and I was inside for 6 months.

I wanted to go to the US, so applied for an ESTA, but this was refused in about a day. How did they know about my record? Who knows.

So I applied for a B2 visa, and after about 6 months I have my interview in London.

I went up, the process was basically that same as others on here have said, and at the end of the interview, the US agent said she was going to recommend me for a waiver. I then heard about 4 weeks later, to send my passport for the visa to be issued!

Am planning on a month tour of the US next year, but meanwhile I wanted to test the visa - so i booked a flight on BA for a quick week in New York, with my friend, what had applied for an ESTA no problems (he's a good boy!)

On arrival at JFK (terminal 7) - my friendwas asked for finger prints, purpose of journey etc., I was asked the same, but no prints (I had them taken at the embassy in London), but then the agent said my friend could go ahead and collect our luggage, but I had to go with him 'to the office'.

I went off to a small room, with about 30 other people in it. It was 9.30pm, I guess it can get busy at other times?

After maybe 15 minutes, I was called up to the desk, the agent asked me the same sort of questions - how long here for, where you staying. Then he stamped my passport and wrote a date - 6 months to the day of arrival (my friend, on his ESTA, had only 3 months).

I asked is it okay to go - said yes, and I was on my way. I had a quick glance at the remaining people in the office, not sure how long they would all have to wait for.

My question is - will I have to go to secondary inspection every time I travel to the US?
Your answer to the ESTA questions?

or are you saying you did not declare your conviction and it still denied you?

Last edited by christmasoompa; Nov 1st 2022 at 6:55 am. Reason: Quoted post edited
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Old Nov 1st 2022, 6:35 am
  #4489  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by tht
Your answer to the ESTA questions?

or are you saying you did not declare your conviction and it still denied you?

I said I had no convictions on the esta - yet I was still denied an esta. They must have some sort of lookup to UK records.
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Old Nov 1st 2022, 7:12 pm
  #4490  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

The US do not have access to UK Criminal Records.

Only a request from the US directly via interpol etc will the UK grant this information


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Old Nov 1st 2022, 10:06 pm
  #4491  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Almost certain you will go for secondary, six recent trips with a waiver, secondary each time
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Old Nov 2nd 2022, 3:14 am
  #4492  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

5 year visa.
Will catch this group in another 5 years time no doubt. Good luck all
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Old Nov 2nd 2022, 7:59 am
  #4493  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

secondary continues even after a green card!! border control told my husband recently it will only stop when he becomes a USC or obtains Global entry (I don't think elligible tho for Global with a conviction).
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Old Nov 2nd 2022, 9:12 am
  #4494  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by karenkaren1
secondary continues even after a green card!! border control told my husband recently it will only stop when he becomes a USC or obtains Global entry (I don't think elligible tho for Global with a conviction).
Long time ago had a client arrested at the Honolulu port of entry. Criminal charges dismissed and we won the subsequent exclusion hearing (bogus marriage fraud allegations). Yes, every subsequent entry was secondary inspection. OK, he accepted as part of life. His subsequent naturalization wasn’t the easiest, but we were successful. His new business involved many crossings over the northern border, even though now a U.S. citizen, he gets the third degree every time at PFI in Canada. It turns out that the original allegations of customs violations stuck to him like glue. Never was able to fix it. Again, part of life.
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Old Nov 2nd 2022, 3:40 pm
  #4495  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by S Folinsky
Long time ago had a client arrested at the Honolulu port of entry. Criminal charges dismissed and we won the subsequent exclusion hearing (bogus marriage fraud allegations). Yes, every subsequent entry was secondary inspection. OK, he accepted as part of life. His subsequent naturalization wasn’t the easiest, but we were successful. His new business involved many crossings over the northern border, even though now a U.S. citizen, he gets the third degree every time at PFI in Canada. It turns out that the original allegations of customs violations stuck to him like glue. Never was able to fix it. Again, part of life.
jeez! the officer was actually very nice and apologetic about it (conviction was a small weed possession over 25 yrs ago), but said it is flagged up as soon as fingerprints required. Never any issues tho with cruise ports (no fingerprints!).
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Old Nov 3rd 2022, 5:50 am
  #4496  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

We finally have a visa!! I thought I would write our time line out in case it helps anyone:


Applied for the visa on the 10th June
Attended the London embassy 12th July (first appointment offered was November, I had to keep going into the app to get a cancellation) recommended for a waiver.
Email to submit passport received 24th October
Passport sent 24th October
Emailed received 2nd Nov to say passport had been despatched back.
The online status only changed from refused to issued once the passport was despatched.
Passport received back 3rd Nov with a 5 year visa.

Practically a 5 month process from start to finish! In hindsight this is probably a quick process but it has felt long and stressful at times.

Now to finally look forward to the holiday! Good luck to everyone else still waiting.
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Old Nov 5th 2022, 8:25 pm
  #4497  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Lapchien
I said I had no convictions on the esta - yet I was still denied an esta. They must have some sort of lookup to UK records.
You're pretty lucky this didn't get scrutinised in a way that resulted in no waiver. Did this get questioned at the Embassy?

I have to say, there's something funny to me about a fraud convict deciding to lie on an immigration form and then applying for a visa at an embassy and hoping for a waiver of ineligbility...!
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Old Nov 6th 2022, 6:52 am
  #4498  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by shiversaint
You're pretty lucky this didn't get scrutinised in a way that resulted in no waiver. Did this get questioned at the Embassy?

I have to say, there's something funny to me about a fraud convict deciding to lie on an immigration form and then applying for a visa at an embassy and hoping for a waiver of ineligbility...!
I’ve heard mental health professionals us the term ASPD. Perhaps it will catch up again with him.
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Old Nov 7th 2022, 6:07 am
  #4499  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Anyone else still waiting from June? Or are we just the very unlucky ones 😅
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Old Nov 17th 2022, 5:30 pm
  #4500  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Great news! I received an email this morning to submit my passport for visa issuance. Timeline so far:

9th Aug - Completed Visa Application & Booked Visa Interview. Had to scramble to organise a flight to Perth as they had earlier appointments than Sydney and Melb (both late 2023 at the earliest!)
12th Sep - Visa Appointment (Perth)
18th Nov - Email to submit passport

Unfortunately don’t have a printer at home to print all the docs out but will be sending it off on Monday 😊 All up definitely quicker than the first time which is great

Last edited by Mattyg87; Nov 17th 2022 at 5:34 pm.
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