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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Dec 17th 2023, 8:49 pm
  #4831  
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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.
T
The 8 days visit was on B2 not VWP. Two years later on my next visit the ban was issued and access denied. Ban reason - misrepresentation. I waited long enough and at the embassy interview consular representative agreed that that was long ago... more than 10 years... and absolutely allowed to be offered waiver. Literally he said that I should not to worry, they don't need anything more, it's all fine...
Whatever is. I'm not a criminal or most wanted on the planet and I don't understand what could take 19 months for decision to be taken. I have provided all required documents and I have asked for whatever additional information or documents they need...I will provide.
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Old Dec 17th 2023, 8:59 pm
  #4832  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by S Folinsky
I’ve handled cases in the past where consular refusal was erroneous.
Erroneous. I have witnessed such scenes that could leave you speechless... But unfortunately the common people as us have no power at all.
Speaking of errors and mistakes... I can probably write a book.
And yes you're right. I don't have to appear in court in person. They don't even move cases to court room, from what I have read.
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Old Dec 19th 2023, 1:07 pm
  #4833  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
T
The 8 days visit was on B2 not VWP. Two years later on my next visit the ban was issued and access denied. Ban reason - misrepresentation. I waited long enough and at the embassy interview consular representative agreed that that was long ago... more than 10 years... and absolutely allowed to be offered waiver. Literally he said that I should not to worry, they don't need anything more, it's all fine...
Whatever is. I'm not a criminal or most wanted on the planet and I don't understand what could take 19 months for decision to be taken. I have provided all required documents and I have asked for whatever additional information or documents they need...I will provide.
Blimey, this gets more complicated. It sounds like you were given another ban which is presumably linked to entering with the B2 when you had an overstay ban (and if it was material misrepresentation then that's a lifetime ban). So I think this is far from a simple overstay issue personally, and I'd be consulting with a really good immigration lawyer.

Good luck to you.
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Old Dec 19th 2023, 8:37 pm
  #4834  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usvisa
Erroneous. I have witnessed such scenes that could leave you speechless... But unfortunately the common people as us have no power at all.
Speaking of errors and mistakes... I can probably write a book.
I would say that visa applicants have no power at all. My elder brother was also a lawyer, albeit not in immigration. When exchanging our war stories, he was often amazed at the milieu I had to work in when it came to overseas visa work. Us legal types often had to work by power of persuasion alone under the rubric of “exercise of discretion.”

That said, you have finally now revealed that your last denial appears to have been well grounded in facts and law. Also, despite what that young line ConOff said orally, I wonder if the recommendation for a waiver survived review by a more senior ConOff in the Embassy.

If you seek legal representation, it is a good idea to find one with experience in consular practice.
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Old Jan 2nd 2024, 9:05 am
  #4835  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Received email today to send my passport. Interview was 24th May, this would be my second visa.
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Old Jan 2nd 2024, 9:47 am
  #4836  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

We have just had the email through! We had the interview on May 30th for reference. Thanks to everyone for the updates and info, this has been invaluable and will recommend to anyone going through the same!
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Old Jan 3rd 2024, 6:36 pm
  #4837  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Congrats! So about 7 months.

I applied for my second in November. Thinking whether I should book travel for my august trip. It would give it 8 months but might be touch and go with passport return etc
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Old Jan 4th 2024, 7:14 pm
  #4838  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hello all

We sent the passport off today for visa issuance however we are wondering how long it is valid for. Is there any way of finding out?
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Old Jan 4th 2024, 11:25 pm
  #4839  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Sllimairam
Hello all

We sent the passport off today for visa issuance however we are wondering how long it is valid for. Is there any way of finding out?
It will say it on the visa foil/page they put in your passport
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Old Jan 5th 2024, 2:13 am
  #4840  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Sllimairam
Hello all

We sent the passport off today for visa issuance however we are wondering how long it is valid for. Is there any way of finding out?
Once you obtain the physical visa, the expiry date will appear thereon.
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Old Jan 11th 2024, 8:20 am
  #4841  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by movida
Received email today to send my passport. Interview was 24th May, this would be my second visa.
So I dropped my passport off at the DX office in London to courier to the embassy last Thursday 4th and just got the email to collect it today the 11th. It’s another 5 year visa, this is my second one, was hoping it would be longer but wasn’t counting on it. Has anyone here received a visa with longer duration after your first application or two?

Definitely build in a very long wait including if you have a visa coming up to expiry, this was just over 7 months start to finish.
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Old Jan 11th 2024, 1:12 pm
  #4842  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by movida
So I dropped my passport off at the DX office in London to courier to the embassy last Thursday 4th and just got the email to collect it today the 11th. It’s another 5 year visa, this is my second one, was hoping it would be longer but wasn’t counting on it. Has anyone here received a visa with longer duration after your first application or two?

Definitely build in a very long wait including if you have a visa coming up to expiry, this was just over 7 months start to finish.
5 years is the maximum possible with a waiver.
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Old Jan 31st 2024, 7:55 am
  #4843  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Georgey38
Congrats! Out of interest, on the day of your interview when they gave you the piece of paper saying that they were applying for a VISA waiver, how long did it say on there that it should take?? I had my interview on the 2nd August and the piece of paper said 'The current waiting period for these two agencies to consider your case is approximately 6 months'. Judging by that I'm hoping to get my VISA (2nd one as it's just a renewal) around Feb / March time. Not sure how realistic that is and trying to get a feel as to whether I'll be able to travel to an already booked trip to the US on March 21st.
Hi,

Just wondering if you have any update on your visa? Just trying to understand the timelines. I submitted my application in October and still waiting for email,

thanks
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Old Jan 31st 2024, 8:33 am
  #4844  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I had my interview on August 3rd and am still waiting for my email and this is my second VISA, my first was issued, used with no problem and then expired so assumed this may speed things up - I was wrong!
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Old Jan 31st 2024, 10:51 am
  #4845  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Georgey38
I had my interview on August 3rd and am still waiting for my email and this is my second VISA, my first was issued, used with no problem and then expired so assumed this may speed things up - I was wrong!
I'll be watching this as my situation is similar to yours (2nd application, 9th August interview).
Expect to hear at the end of Feb or early March given the timeframes posted by others.
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