Nonimmigrant Visa Waiver of Ineligibility Application
#5537
Just Joined
Joined: Jan 2025
Posts: 7

I'm really grateful to those who have got the waiver approved for answering my question. I've looked up a lot of information but couldn't find the answer. I hope someone can help me with this question. I've already submitted the 212d3 waiver for the H4 visa. Now I've been waiting for nine months. I applied for the waiver because of "unlawful present" --- 212(a)(9)(B)(i). I have a 10year ban and I left the United States for the last time in 2019. I'd like to know that if I get the waiver, will the US embassy issue me an H4 visa for 1 year or 3 years? If it's only a 1 year visa validity, when it expires after 1 year, will I be able to pass the visa interview directly if I go to the US embassy again? Or do I need to go through the waiver process again, just like what I'm doing now, and wait for about 9months outside the US every time I renew my visa until my ten-year ban is over? Thank you all. I'm really grateful if anyone can answer my question.
#5538
Lost in BE Cyberspace










Joined: May 2010
Posts: 10,146
From: San Diego, California











A "10-year ban" from the US means you are not allowed to enter the United States for a period of 10 years, essentially barring you from entry for that duration unless you obtain a waiver, which is typically only granted in cases of extreme hardship to a US citizen relative; this means you cannot legally enter the country during that time period without special permission.
Key points about the 10-year ban:
Key points about the 10-year ban:
- Unlawful presence:
This ban usually applies to individuals who have overstayed their visa in the US for a significant period, typically a year or more, and then leave the country voluntarily or are deported. - Waiver process:
To overcome the ban, you must apply for a waiver, which requires demonstrating exceptional hardship to a US citizen relative. - No guarantee:
Even if you receive a waiver, it is not guaranteed that you will be allowed entry to the US.
#5540
Account Closed
Joined: Jan 1975
Posts: 0

Sorry to hear that. My first waiver was rejected at the end of 2019 ( I got a letter in the post so this must of changed). I reapplied at the start of 2022 and was approved 6 weeks later so there is still hope.
#5544
Forum Regular



Joined: May 2024
Posts: 135

Sorry to hear that. I hope that you will be able to apply again in the future. I did read in here that sometimes when the period from the offence to granting a waiver is too short, it's worth waiting and trying again. Gutted for you!
#5545
Forum Regular



Joined: May 2024
Posts: 135

small update, I was unable to post my passport from UK to Ireland. I will post it tomorrow as I'm going there anyhow. Just a heads up for those who think it's quicker from Dublin to do this. It comes with different challenges. I will update th spreadsheet with new dates.
#5546
Just Joined
Joined: Dec 2024
Posts: 16

I can imagine that you are getting a bit nervous. It's really tough to nail down an exact date when you will get the email. My case was started in Feb 27, 2024 and I had a back and forth with some documents etc. Which probably delayed the request for a waiver to the 25th of March 2024. I only heard back on this week on the 2nd of January. One thing is clear the waiver for the first time takes longer, approx 2 to 3 weeks more for some reason. It can't be too far away but you never know right. I guess the holiday will be non-refundable one you pay the deposit right? Maybe you can still postpone the dates?
Good luck. I know how frustrating it is.
Good luck. I know how frustrating it is.
As we have reached 9 months does anyone know the email address to enquire with them? It won't do any harm to ask will it? Although I know they don't like people enquiring....
Thanks again
#5547
Just Joined

Joined: Jan 2025
Posts: 23

Hi.
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
#5548
Account Closed
Joined: Jan 1975
Posts: 0

Hi.
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
#5549
Hi.
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
Had my interview in London on 4/10/24 for a B1/B2 visa and was told I was inadmissible due to CMT but as my crimes were not serious and they occurred 30 years ago they were recommending a waiver. Also told I'm looking at up to 9 months wait, which I was kind of expecting. One question I wish I'd asked, if I was successful, how long are they likely to grant the waiver for? What do they usually grant for a first waiver?
Thanks
#5550
Just Joined

Joined: Jan 2025
Posts: 23




