Nonimmigrant Visa Waiver of Ineligibility Application
Nov 18th 2024 | 4:30 am
#5461
Just Joined
Joined: Aug 2024
Posts: 15
Re: Nonimmigrant Visa Waiver of Ineligibility Application
please share the steps you took and which authorities you contacted
Nov 18th 2024 | 9:42 pm
#5462
BE Commentator
Joined: Feb 2010
Posts: 8,675
From: Los Angeles, California
Re: Nonimmigrant Visa Waiver of Ineligibility Application
9 FAM 305.4-3(F) (U) Waiver Expedite Requests
(CT:VISA-2065; 09-11-2024)
a. (U) Expedite requests must be reserved for cases with an urgent humanitarian need for travel, such as medical treatment or a death in the applicant's family and cases where there is clear and significant U.S. government or public interest. The expedite request should include specific dates (of meetings, funerals, etc.) whenever possible. ARO has advised that they will not expedite cases in which applicants fail to apply well in advance of their intended travel dates and/or fail to meet one of the conditions listed above. Scan documentation that supports the expedite request into NIV so that the ARO can review and confirm the request qualifies for expedited action. If you select to have a case expedited and ARO determines that it does not qualify for expedited processing, ARO will cancel the request which places the waiver processing request into the standard processing queue. You may contact CA/VO/F for assistance and advice on potential expedite requests.
b. (U) As described in 9 FAM 305.4-3(C) paragraph c(3) with regard to recommending a waiver, there is a clear and significant U.S. public interest in asking CBP/ARO to expedite a waiver request if the applicant has graduated with a degree from an institution of higher education in the United States, or has earned credentials to engage in skilled labor in the United States, and is seeking to travel to the United States to commence or continue employment with a U.S. employer in a field that requires the education that the applicant attained in the United States.
c. (U) You may ask that the ARIS waiver request be expedited by choosing that option on the electronic waiver form and justifying it according to the criteria stated above. If a case has already been submitted to the ARO and you later determine that it needs to be expedited, contact the VO/F officer with the NIV waiver portfolio for assistance. Refer to the Visa Office Who's Who page on CA Web for the appropriate point of contact.
9
​​​​​​​Good luck.
Nov 19th 2024 | 12:23 am
#5463
SUPER MODERATOR
Joined: Oct 2007
Posts: 35,186
From: In a darkened room somewhere.............
Re: Nonimmigrant Visa Waiver of Ineligibility Application
When are you due to give birth and which country is your husband in? Could you travel to him instead or are you beyond the point of travel?
Nov 19th 2024 | 3:11 am
#5464
Just Joined
Joined: Aug 2024
Posts: 5
Re: Nonimmigrant Visa Waiver of Ineligibility Application
that is my plan to travel to him to UK but it would cost me a lot, my insurance here covers 100% of everything and won't cover anything out of country, Not to mention finding a doctor and starting my care all over again in another country and not being able to easily get my state benefits for my leave 
Nov 19th 2024 | 3:34 am
#5465
SUPER MODERATOR
Joined: Oct 2007
Posts: 35,186
From: In a darkened room somewhere.............
Re: Nonimmigrant Visa Waiver of Ineligibility Application
that is my plan to travel to him to UK but it would cost me a lot, my insurance here covers 100% of everything and won't cover anything out of country, Not to mention finding a doctor and starting my care all over again in another country and not being able to easily get my state benefits for my leave
Nov 19th 2024 | 4:37 am
#5466
BE Commentator
Joined: Feb 2010
Posts: 8,675
From: Los Angeles, California
Re: Nonimmigrant Visa Waiver of Ineligibility Application
The questions you pose strike me as a fair start on a waiver request. That said, facts should be provided that would allow a third person to conclude that there is an actual need, not merely an extreme desire for husband’s presence. A long time ago, I represented a pregnant AmCit in obtaining an expedite of an immigrant visa application. The case was complicated by the nationality of the husband and the absence of a U.S. diplomatic post in his country. Mission was accomplished but we had to marshal a lot in the way of facts.
Nov 20th 2024 | 11:17 pm
#5467
Just Joined
Joined: Nov 2024
Posts: 2
Re: Nonimmigrant Visa Waiver of Ineligibility Application
I had my interview in London on 12/12/2023 and am still waiting. My conviction was in 2011, sentence was 20 months and involved Moral Turpitude.
I heard nothing, so sent an email via contact form in August 2024, and the response is below
Thank you for your email.
 
Visa records show that at the time of your application, you were found ineligible to receive a visa under U.S. immigration law and your application was refused. In order to travel to the United States, you require a waiver of ineligibility and your waiver request is currently under review with the Department of Homeland Security (DHS).
Please note, no expedite service is available and there is no mechanism for routine status updates while a review is underway. You can expect to be notified as soon as the review is complete. No additional information or documentation is requested or required from you at this time.
As there is no set period of time that a review may take, we cannot guarantee an outcome by any set date. This is one reason why we advise all applicants against booking tickets or making final travel plans unless they have received their passport containing a valid U.S. visa appropriate for their purpose of travel. Sincerely,
Consular Information Unit
U.S. Embassy, London
CONS/CIU/NA
I heard nothing, so sent an email via contact form in August 2024, and the response is below
Thank you for your email.
 
Visa records show that at the time of your application, you were found ineligible to receive a visa under U.S. immigration law and your application was refused. In order to travel to the United States, you require a waiver of ineligibility and your waiver request is currently under review with the Department of Homeland Security (DHS).
Please note, no expedite service is available and there is no mechanism for routine status updates while a review is underway. You can expect to be notified as soon as the review is complete. No additional information or documentation is requested or required from you at this time.
As there is no set period of time that a review may take, we cannot guarantee an outcome by any set date. This is one reason why we advise all applicants against booking tickets or making final travel plans unless they have received their passport containing a valid U.S. visa appropriate for their purpose of travel. Sincerely,
Consular Information Unit
U.S. Embassy, London
CONS/CIU/NA
Nov 20th 2024 | 11:38 pm
#5468
BE Enthusiast
Joined: Feb 2024
Posts: 427
Re: Nonimmigrant Visa Waiver of Ineligibility Application
I had my interview in London on 12/12/2023 and am still waiting. My conviction was in 2011, sentence was 20 months and involved Moral Turpitude.
I heard nothing, so sent an email via contact form in August 2024, and the response is below
Thank you for your email.
 
Visa records show that at the time of your application, you were found ineligible to receive a visa under U.S. immigration law and your application was refused. In order to travel to the United States, you require a waiver of ineligibility and your waiver request is currently under review with the Department of Homeland Security (DHS).
Please note, no expedite service is available and there is no mechanism for routine status updates while a review is underway. You can expect to be notified as soon as the review is complete. No additional information or documentation is requested or required from you at this time.
As there is no set period of time that a review may take, we cannot guarantee an outcome by any set date. This is one reason why we advise all applicants against booking tickets or making final travel plans unless they have received their passport containing a valid U.S. visa appropriate for their purpose of travel. Sincerely,
Consular Information Unit
U.S. Embassy, London
CONS/CIU/NA
I heard nothing, so sent an email via contact form in August 2024, and the response is below
Thank you for your email.
 
Visa records show that at the time of your application, you were found ineligible to receive a visa under U.S. immigration law and your application was refused. In order to travel to the United States, you require a waiver of ineligibility and your waiver request is currently under review with the Department of Homeland Security (DHS).
Please note, no expedite service is available and there is no mechanism for routine status updates while a review is underway. You can expect to be notified as soon as the review is complete. No additional information or documentation is requested or required from you at this time.
As there is no set period of time that a review may take, we cannot guarantee an outcome by any set date. This is one reason why we advise all applicants against booking tickets or making final travel plans unless they have received their passport containing a valid U.S. visa appropriate for their purpose of travel. Sincerely,
Consular Information Unit
U.S. Embassy, London
CONS/CIU/NA
You will then be able to see progress. Quite a few more recent have already received their visas, but that doesn't mean that much - I ended up waiting 3 months longer than someone who had their interview the day before me!
Nov 20th 2024 | 11:49 pm
#5469
Forum Regular
Joined: May 2024
Posts: 135
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Add a row for yourself to the tracking sheet at https://docs.google.com/spreadsheets...it?usp=sharing, or happy to do it for you if you want.
You will then be able to see progress. Quite a few more recent have already received their visas, but that doesn't mean that much - I ended up waiting 3 months longer than someone who had their interview the day before me!
You will then be able to see progress. Quite a few more recent have already received their visas, but that doesn't mean that much - I ended up waiting 3 months longer than someone who had their interview the day before me!
Nov 21st 2024 | 12:59 am
#5470
Just Joined
Joined: Nov 2024
Posts: 2
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Mine is a complex one.
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Anyway was given the option to remain for 90 days and argue the point in court, or withdraw application, so I withdrew.
Following year checked with Embassy if because of the mix up I could use Esta or had to now apply for a visa. Was advised that as application was voluntarily withdrawn, I could use Esta, so did and travelled with no issues in 2008.
In 2009 travelled again, with Esta, but was stopped and refused entry saying I was not in fact able to use Esta and would need a visa. I was detained and returned back to the UK on next flight.
Applied for visa and at interview at the embassy was advised that I should not have been refused entry and was in fact entitled to travel on Esta, but as I had now been detained and refused entry, I would now need a visa so was granted a 10 year B1/B2 visa.
Travelled in 2010 to US with VISA with no issues.
In 2011 due to varying personal & family issue in the UK I was convicted for Fraud, and was given a sentence of 20 months.
My visa expired in 2020, so in 2023 I thought enough time had passed on my conviction to try and get a new one.
At my appointment interview on 12/12/2023 I was actually granted the visa, but I thought it best to double check with the agent that interviewed me that my convictions were noted, and she admitted that they had not, she had missed them, and that I would need a WOI.
I think this is why it has taken so long, but they just don't give you any sort of update
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Anyway was given the option to remain for 90 days and argue the point in court, or withdraw application, so I withdrew.
Following year checked with Embassy if because of the mix up I could use Esta or had to now apply for a visa. Was advised that as application was voluntarily withdrawn, I could use Esta, so did and travelled with no issues in 2008.
In 2009 travelled again, with Esta, but was stopped and refused entry saying I was not in fact able to use Esta and would need a visa. I was detained and returned back to the UK on next flight.
Applied for visa and at interview at the embassy was advised that I should not have been refused entry and was in fact entitled to travel on Esta, but as I had now been detained and refused entry, I would now need a visa so was granted a 10 year B1/B2 visa.
Travelled in 2010 to US with VISA with no issues.
In 2011 due to varying personal & family issue in the UK I was convicted for Fraud, and was given a sentence of 20 months.
My visa expired in 2020, so in 2023 I thought enough time had passed on my conviction to try and get a new one.
At my appointment interview on 12/12/2023 I was actually granted the visa, but I thought it best to double check with the agent that interviewed me that my convictions were noted, and she admitted that they had not, she had missed them, and that I would need a WOI.
I think this is why it has taken so long, but they just don't give you any sort of update
Nov 21st 2024 | 1:04 am
#5471
Forum Regular
Joined: May 2024
Posts: 135
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Mine is a complex one.
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Anyway was given the option to remain for 90 days and argue the point in court, or withdraw application, so I withdrew.
Following year checked with Embassy if because of the mix up I could use Esta or had to now apply for a visa. Was advised that as application was voluntarily withdrawn, I could use Esta, so did and travelled with no issues in 2008.
In 2009 travelled again, with Esta, but was stopped and refused entry saying I was not in fact able to use Esta and would need a visa. I was detained and returned back to the UK on next flight.
Applied for visa and at interview at the embassy was advised that I should not have been refused entry and was in fact entitled to travel on Esta, but as I had now been detained and refused entry, I would now need a visa so was granted a 10 year B1/B2 visa.
Travelled in 2010 to US with VISA with no issues.
In 2011 due to varying personal & family issue in the UK I was convicted for Fraud, and was given a sentence of 20 months.
My visa expired in 2020, so in 2023 I thought enough time had passed on my conviction to try and get a new one.
At my appointment interview on 12/12/2023 I was actually granted the visa, but I thought it best to double check with the agent that interviewed me that my convictions were noted, and she admitted that they had not, she had missed them, and that I would need a WOI.
I think this is why it has taken so long, but they just don't give you any sort of update
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Anyway was given the option to remain for 90 days and argue the point in court, or withdraw application, so I withdrew.
Following year checked with Embassy if because of the mix up I could use Esta or had to now apply for a visa. Was advised that as application was voluntarily withdrawn, I could use Esta, so did and travelled with no issues in 2008.
In 2009 travelled again, with Esta, but was stopped and refused entry saying I was not in fact able to use Esta and would need a visa. I was detained and returned back to the UK on next flight.
Applied for visa and at interview at the embassy was advised that I should not have been refused entry and was in fact entitled to travel on Esta, but as I had now been detained and refused entry, I would now need a visa so was granted a 10 year B1/B2 visa.
Travelled in 2010 to US with VISA with no issues.
In 2011 due to varying personal & family issue in the UK I was convicted for Fraud, and was given a sentence of 20 months.
My visa expired in 2020, so in 2023 I thought enough time had passed on my conviction to try and get a new one.
At my appointment interview on 12/12/2023 I was actually granted the visa, but I thought it best to double check with the agent that interviewed me that my convictions were noted, and she admitted that they had not, she had missed them, and that I would need a WOI.
I think this is why it has taken so long, but they just don't give you any sort of update
Sorry to hear that... I logged your data in the spreadsheet so you can see other peoples progress. It is a bit more complicated but your waiver is over and above all other applications in the sheet in terms of timing. Hope you hear soon. What was the date your CEAC status was last updated? This may provide you with clarity on when the waiver was requested, then your timing may be normal?
Last edited by Wales44; Nov 21st 2024 at 1:06 am.
Nov 21st 2024 | 1:15 am
#5472
SUPER MODERATOR
Joined: Oct 2007
Posts: 35,186
From: In a darkened room somewhere.............
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Mine is a complex one.
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Because of mix up with my immigration visa, (parents moved to US in 1979, me and my sister were applying as adult children), I had to voluntarily withdraw my application in 2007 after getting married, and arriving in the US on honeymoon. I thought I had done everything that was needed, visa was issued in passport, but did not realise first entry in the US still had to be as a single person.
Nov 21st 2024 | 8:33 am
#5473
BE Commentator
Joined: Feb 2010
Posts: 8,675
From: Los Angeles, California
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Actually, the poster strikes me as excruciatingly honest when it comes to immigration. That said, when I was doing visa work via the US Embassy Seoul in the 90’s, unmarried son/daughters were not only advised they had to remain unmarried until immigrant marriage, they had to sign a written acknowledgment of that fact. I don’t recall if this practice was limited Seoul.
