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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old May 7th 2024, 8:47 pm
  #4966  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi folks - Our interview was 12 sept 23 and we haven't heard, we had to send in an up to date Acro cert which was sent in mid October. When I log onto the US visa booking site it says unauthorised person - you do not have access to this account?? no update on the CEAC - still refused pending admin. Such a frustrating process....
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Old May 8th 2024, 12:24 am
  #4967  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Just to give an update on our case. Interview was 18th August 2023 and we’ve received passport back today bringing the process time in total to 8 months 21 days… we fly in less than 48 hours so we are feeling very relieved to reassure anyone reading this I think our wait has been the longest so far and they are becoming slightly quicker for those who had September appointments. Happy to answer any questions anyone has (if I can of course). Thanks for everyone on this forum for their help!
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Old May 8th 2024, 12:32 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Liuazziex
Just to give an update on our case. Interview was 18th August 2023 and we’ve received passport back today bringing the process time in total to 8 months 21 days… we fly in less than 48 hours so we are feeling very relieved to reassure anyone reading this I think our wait has been the longest so far and they are becoming slightly quicker for those who had September appointments. Happy to answer any questions anyone has (if I can of course). Thanks for everyone on this forum for their help!
Great news! How long did it take to get your passport back? Going off current timelines I should get the email only about 20 days before my flights so wondering what to do in that situation.
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Old May 8th 2024, 12:45 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Ukexpat23
Great news! How long did it take to get your passport back? Going off current timelines I should get the email only about 20 days before my flights so wondering what to do in that situation.
we dropped it at the couriers on 25/04 so it’s actually only been 8 working days. We had the email to submit the passport at 9 that day and managed to drop it in within 2 hours as we knew we were cutting it fine. My partner had given his boss the heads up and luckily he’s very flexible and easygoing so allowed him to drive to the couriers as soon as the email came through which was really valuable as the nearest drop off was about 50 minutes away.
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Old May 9th 2024, 6:36 am
  #4970  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Pleased to say my Passport and Visa will be dropped off at my house tomorrow

so my timeline:

interview: 13/09/23
email to submit passport: 17/04/24
passport arrived at the embassy: 26/04/24
CEAC status changed to approved from refused: 07/05/24
CEAC status changed to ISSUED: 09/05/24
Email received from courier to arrange passport drop off: 09/05/24
Passport with visa in: tomorrow!

so Around 240 days from interview to visa return.

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Old May 9th 2024, 7:48 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Good evening!

anyone applied in Dublin in 2024?

I went to Dublin as the wait was shorter than London or Belfast.
appointment was on the 28 Feb. Had a bit of back and forth requesting further info even though I had my police cert ‘no live trace’ on the day.
received feedback that I was ineligible and a waiver is needed, the consular requested this for me.
The email from the Dublin embassy said it would take between 4-6 months. Looking at this page it seems this is unreasonable as average is 7-8 months from Uk embassy.

interview 28th Feb
CEAC- 28th March last update - refused
……
I'm waiting now for a reply from homeland security to approve the waiver. My offence was 30 years ago…

any experience with using the Irish Embassy?
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Old May 9th 2024, 9:00 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Florida88
Pleased to say my Passport and Visa will be dropped off at my house tomorrow

so my timeline:

interview: 13/09/23
email to submit passport: 17/04/24
passport arrived at the embassy: 26/04/24
CEAC status changed to approved from refused: 07/05/24
CEAC status changed to ISSUED: 09/05/24
Email received from courier to arrange passport drop off: 09/05/24
Passport with visa in: tomorrow!

so Around 240 days from interview to visa return.
good stuff! I do hope mine is processed faster! What time frame did they give you originally when they sent for the waiver?
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Old May 9th 2024, 9:05 am
  #4973  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Wales44
good stuff! I do hope mine is processed faster! What time frame did they give you originally when they sent for the waiver?
When I had my interview I was given a piece of paper saying refused etc and I think it said 6 month wait! It’s just a waiting game
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Old May 11th 2024, 4:05 am
  #4974  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Wales44
Good evening!

anyone applied in Dublin in 2024?

I went to Dublin as the wait was shorter than London or Belfast.
appointment was on the 28 Feb. Had a bit of back and forth requesting further info even though I had my police cert ‘no live trace’ on the day.
received feedback that I was ineligible and a waiver is needed, the consular requested this for me.
The email from the Dublin embassy said it would take between 4-6 months. Looking at this page it seems this is unreasonable as average is 7-8 months from Uk embassy.

interview 28th Feb
CEAC- 28th March last update - refused
……
I'm waiting now for a reply from homeland security to approve the waiver. My offence was 30 years ago…

any experience with using the Irish Embassy?
By way of general information, all non-immigrant 212(d)(3) Hranka waiver applications are considered and adjudicated at one location, the Admissibility Review Office of CBP in DC. One of AILA’s mavens on the subject has written a fairly good article on the subject which can be found here. Note that the big difference is between Canadians and most everyone else. But the same law applies. (I wonder why applicants at the consulates are not nicked for the $1,100 filing fee, but I digress). Applications from London, Dublin, Seoul, Tel Aviv etc are in the same basket at ARO.

From what I’m given to understand, the inquiry e-mail addresses are limited to what is behind any undue delays beyond what is considered normal. Quite often, it turns out that the consulate has delayed in flaking the electronic filing.

Last edited by S Folinsky; May 11th 2024 at 4:08 am.
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Old May 11th 2024, 4:20 am
  #4975  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

So my passport arrived yesterday with the visa stuck inside
when I had my interview the consular official he said he was applying for a visa waiver of three years. However the visa is for surprisingly for 10 years! And is a B1/B2 multiple entry travel visa.
I’m not sure what’s happened? Is a B1/b2 the same as a visa waiver?
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Old May 11th 2024, 9:17 am
  #4976  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Florida88
So my passport arrived yesterday with the visa stuck inside
when I had my interview the consular official he said he was applying for a visa waiver of three years. However the visa is for surprisingly for 10 years! And is a B1/B2 multiple entry travel visa.
I’m not sure what’s happened? Is a B1/b2 the same as a visa waiver?
There is a somewhat inaccurate description in the heading of this thread. It is not about waiver of the visa requirement; rather it is about waiver of a ground of inadmissibility. If that waiver is granted, a visa can be granted and you can be admitted when you arrive in the United States.

The whole ESTA procedure constitutes a waiver of the visa. And Canadians are generally “exempt” from the visa requirement.

From my days in practice I would occasionally see a waiver application denied because the applicant was admissible and either did not need the waiver in the first place or the particular ground of inadmissibility had evaporated by passage of time.

Take a look at the “annotation” line on the visa. If a waiver was granted it will note 212(d)(3) and what was waived.
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Old May 11th 2024, 9:24 am
  #4977  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by S Folinsky
There is a somewhat inaccurate description in the heading of this thread. It is not about waiver of the visa requirement; rather it is about waiver of a ground of inadmissibility. If that waiver is granted, a visa can be granted and you can be admitted when you arrive in the United States.

The whole ESTA procedure constitutes a waiver of the visa. And Canadians are generally “exempt” from the visa requirement.

From my days in practice I would occasionally see a waiver application denied because the applicant was admissible and either did not need the waiver in the first place or the particular ground of inadmissibility had evaporated by passage of time.

Take a look at the “annotation” line on the visa. If a waiver was granted it will note 212(d)(3) and what was waived.
thanks for your advice!

just looked at my visa and found the annotation line - and it’s completely blank! No info at all. Maybe it’s because my crime was over 15 years ago
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Old May 11th 2024, 8:45 pm
  #4978  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Very strange. As far as I'm aware, 5 years is the maximum visa length for anyone that required a waiver. So, it would seem either you were deemed not to need a waiver in the end, or someone has made an administrative snafu.

Practically I don't think it matters, you were issued a visa so deemed eligible for one. Will be interesting to see if you get snagged for secondary inspection at a port of entry - I'm guessing you won't unlike the rest of us waiver visas.
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Old May 11th 2024, 9:09 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by shiversaint
Very strange. As far as I'm aware, 5 years is the maximum visa length for anyone that required a waiver. So, it would seem either you were deemed not to need a waiver in the end, or someone has made an administrative snafu.

Practically I don't think it matters, you were issued a visa so deemed eligible for one. Will be interesting to see if you get snagged for secondary inspection at a port of entry - I'm guessing you won't unlike the rest of us waiver visas.
of course! 😁 Obviously I’m extremely happy for a 10 year visa as it gives us extra scope for holidays in the future. My visa runs out in September 2033 which is 10 years after my interview date.
fingers crossed I don’t! Last time when I entered the USA back in 2014 when I had a B1/B2 the border officer asked why I didn’t have an esta and had a visa instead, I explained, and she laughed and said “you’re a badddd boy!!” So hopefully it’s something similar to that 😂.
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Old May 11th 2024, 11:01 pm
  #4980  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Florida88
thanks for your advice!

just looked at my visa and found the annotation line - and it’s completely blank! No info at all. Maybe it’s because my crime was over 15 years ago
My post should not be considered “advice.” That said, general information can enable one to reach their own conclusions in their own individual situation.

So, by way of description of US law, the inadmissibility grounds have two situations where passage of time removes inadmissibility - prostitution offenses and conviction of crime committed before age 18. In the context of UK nationals, this creates problems regarding “spent” convictions.

Although not exactly related to passage of time, UK cautions after 2007 are considered to be a formal “admission” of committing the offense in question for purposes of U.S. law. In 2008, the Home Office changed the procedures for issuing a caution such that older cautions do not fit the US definition of “admission” of the offense.

It should also be noted that US law has a defined “petty offense” exception to a conviction of a moral turpitude offense. To qualify for that exception, the maximum possible sentence cannot exceed one year. So, in UK terms, an “either way” offense tried in Magistrates Court will count, but Crown Court will not. I recall a case I was once consulted on where I was consulted on - the record involved a conviction in California where the immigration people in Texas looked at the California Penal Code provision on the sentence without considering that the offense was a “wobbler” misdemeanor by by the court wher it was charged.
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