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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Dec 16th 2023, 11:47 pm
  #4816  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by SanDiegogirl
You had an immigration issue some time ago; did you get B2 visas following that infringement ?
No. Visa was refused last time when I've applied more than 6 years ago. That's why I need waiver.
I have the terrible feeling that my application is forgotten in somebody's computer and not moving nowhere.

Last edited by usvisa; Dec 17th 2023 at 12:00 am.
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Old Dec 17th 2023, 4:16 pm
  #4817  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

What was the "small immigration violation"?
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Old Dec 17th 2023, 4:31 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by LT1
What was the "small immigration violation"?
Simple overstayed, long time ago. No criminal or any other violation anywhere in the world. On these pages I've seen people with heavy criminal activities in their past, time in prison etc. being granted visas in 4-5 months.
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Old Dec 17th 2023, 4:39 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by LT1
19 months after interview seems abnormally high. You might need to consider suing DoS with a Writ of Mandamus to get the case progressing.
Thanks for the tip. I have never heard of it before to be honest... Did some research and from what I've learned is that you most likely need an attorney. Cost money, takes few months at least (with my damn luck will be longest one). No guarantee, but most important is. I am not sure about the exact procedure and which Federal Court I should send petition to..? They are 49 in total and 13 District...
After all, the key is in the details!
If you can help. please send me private message please. Will be highly appreciated.

Last edited by usvisa; Dec 17th 2023 at 5:50 pm.
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Old Dec 17th 2023, 5:17 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
Simple overstayed, long time ago. No criminal or any other violation anywhere in the world. On these pages I've seen people with heavy criminal activities in their past, time in prison etc. being granted visas in 4-5 months.
How long did you overstay?

Do you have family in the US or are they all in the UK?
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Old Dec 17th 2023, 5:18 pm
  #4821  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
Thanks for the tip. I have never heard of it before to be honest... Did some research and from what I've learned is that you most likely need a attorney. Cost money, takes few months at least (with my damn luck will be longest one). No guarantee, but most important is. I am not sure about the exact procedure and which Federal Court I should send petition to..? They are 49 in total and 13 District...
After all, the key is in the details!
If you can help. please send me private message please. Will be highly appreciated.
The use of the words words most likely is an understatement. You do need an attorney on that one inasmuch it would be exercising a nuclear option. One nice thing about federal court is that when a suit is filed and served (pursuant to FRCP Rule 4), the Federal official involved has 60 days to file a response with the court. The US Attorney will ask the agency WTF is happening inasmuch no attorney likes to appear before a Federal Judge with their fly unzipped, a singularly unpleasant experience.

Do note that a written denial of the waiver is a win in the context of a mandamus action. Hence the reference to the nuclear option.

There may be ways to handle the problem way short of the nuclear option. Perhaps not. If it is important to you, legal counsel is in order.
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Old Dec 17th 2023, 5:42 pm
  #4822  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by S Folinsky
The use of the words words most likely is an understatement. You do need an attorney on that one inasmuch it would be exercising a nuclear option. One nice thing about federal court is that when a suit is filed and served (pursuant to FRCP Rule 4), the Federal official involved has 60 days to file a response with the court. The US Attorney will ask the agency WTF is happening inasmuch no attorney likes to appear before a Federal Judge with their fly unzipped, a singularly unpleasant experience.

Do note that a written denial of the waiver is a win in the context of a mandamus action. Hence the reference to the nuclear option.

There may be ways to handle the problem way short of the nuclear option. Perhaps not. If it is important to you, legal counsel is in order.
Thanks very much. You kind of completed my sentence. That was in my mind after reading about Writ of Mandamus. Obviously I cannot physically appear in the court being in UK.
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Old Dec 17th 2023, 5:46 pm
  #4823  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by SanDiegogirl
How long did you overstay?

Do you have family in the US or are they all in the UK?
More than 180 days, sensing your question. Yes my family is in UK. No reunion either. We left US voluntarily, after that I visited once for only 8 days despite I was allowed 90.
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Old Dec 17th 2023, 6:25 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
More than 180 days, sensing your question. Yes my family is in UK. No reunion either. We left US voluntarily, after that I visited once for only 8 days despite I was allowed 90.
I'm a bit confused by your timings. When was the overstay? When you say 'after that I visited once for only 8 days despite I was allowed 90' that was before the overstay? Or after it?
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Old Dec 17th 2023, 6:30 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by christmasoompa
I'm a bit confused by your timings. When was the overstay? When you say 'after that I visited once for only 8 days despite I was allowed 90' that was before the overstay? Or after it?
After. We left the US. Then next year I visited for 8 days.
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Old Dec 17th 2023, 6:35 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
After. We left the US. Then next year I visited for 8 days.
So were you a child when you overstayed?
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Old Dec 17th 2023, 6:38 pm
  #4827  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by christmasoompa
So were you a child when you overstayed?
Not at all. Definitely not.
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Old Dec 17th 2023, 6:41 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
Not at all. Definitely not.
Then I'm thoroughly confused. If you overstayed over 180 days as an adult then surely you had a 3 year ban? Yet somehow visited the next year? And you mention 'visited once for only 8 days despite I was allowed 90', so that sounds as though you visited on the VWP - yet were no longer eligible to use the VWP either.

So sounds like you visited when you shouldn't have and I suspect this is the issue. I don't think this is a 'simple overstay' at all unless I'm misunderstanding what you're saying.

Last edited by christmasoompa; Dec 17th 2023 at 6:54 pm.
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Old Dec 17th 2023, 8:09 pm
  #4829  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
Thanks very much. You kind of completed my sentence. That was in my mind after reading about Writ of Mandamus. Obviously I cannot physically appear in the court being in UK.
Who said you would have to physically appear?

Legal consultation might be in order.
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Old Dec 17th 2023, 8:12 pm
  #4830  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by christmasoompa
Then I'm thoroughly confused. If you overstayed over 180 days as an adult then surely you had a 3 year ban? Yet somehow visited the next year? And you mention 'visited once for only 8 days despite I was allowed 90', so that sounds as though you visited on the VWP - yet were no longer eligible to use the VWP either.

So sounds like you visited when you shouldn't have and I suspect this is the issue. I don't think this is a 'simple overstay' at all unless I'm misunderstanding what you're saying.
I’ve handled cases in the past where consular refusal was erroneous.
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