British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Nonimmigrant Visa Waiver of Ineligibility Application (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/nonimmigrant-visa-waiver-ineligibility-application-713051/)

joolsjools Feb 23rd 2025 10:59 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by abrowsky (Post 13300286)
where did you find out about this timeline?

The US CBP e_SAFE portal advises those who have to make I-192/I-212 waiver requests (primarily Canadian citizens) that the average wait time is 9-12 months... "Notice: Processing times vary by applicant, but on average applications are currently being processed within 9-12 months. These are average times. Unfortunately, we cannot anticipate a date of completion for your specific application at this time." https://e-safe.cbp.dhs.gov/

All waiver requests, whether submitted by the consular official following a visa rejection (all of us here), OR, under the I-192/I-212 process submitted directly to the CBP, are sent to the ARO and handled in the same queue. I.e. the processing time is the same.




E2LondonMarch24 Feb 23rd 2025 11:04 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by joolsjools (Post 13300337)
The US CBP e_SAFE portal advises those who have to make I-192/I-212 waiver requests (primarily Canadian citizens) that the average wait time is 9-12 months... "Notice: Processing times vary by applicant, but on average applications are currently being processed within 9-12 months. These are average times. Unfortunately, we cannot anticipate a date of completion for your specific application at this time." https://e-safe.cbp.dhs.gov/

All waiver requests, whether submitted by the consular official following a visa rejection (all of us here), OR, under the I-192/I-212 process submitted directly to the CBP, are sent to the ARO and handled in the same queue. I.e. the processing time is the same.


CBP used to handle Canadian waiver requests at one of their airport offices in Canada. However, they have stopped that operation and redirected all Canadian waiver requests to the ARO office as of last week. This has resulted in increased processing times for all of us. Please note that this information is based on what I read online and may not be verified.

TonyM1 Feb 23rd 2025 10:16 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
First post here. I applied for a NIV waiver in Jun 2011. It was denied outright at interview on the basis I had not done enough to demonstrate I had a home outside the US I intended to return to. I think I was so worried about my conviction that I was unprepared to cover that requirement of the application. In 2011 I was employed full-time, married (to a US citizen), we had 27 years remaining on our mortgage, and we had just had our first child 6 weeks before the interview.

14 years later I've made a repeat application; the interview is on Wednesday. I'm still employed full-time, my wife is now a dual US-UK citizen, and we have 2 children who are also both dual US-UK citizens. There's only 13 years left on our mortgage. My parents have passed away, my wife's have not.

I'm worried the consular official will look at my family status and think there's a half-chance that my wife and kids will want to move to the US, and have me go with them. That's not our plan. I'm just trying to be a supportive partner/father to assist my family in seeing the country they are citizens of. My wife took the kids twice, in 2011 and 2014. They have not been back since. My wife suffers from stress and doesn't want to take the kids on a trip there without me.

Since there's no official guidance on what form the supporting evidence can be to show that I have no plans to remain in the US, are there any recommendations from here that I can draw upon?

Wales44 Feb 23rd 2025 10:27 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
That is a tough question and circumstance. I assume if you only apply for a B1/B2 visa then it's clear you only want to visit the country. If you have a mortgage and full time job you could put emphasis on this in your interview also. Not sure what is preventing you from getting the visa in terms of convictions, but sometimes they deny people who have a conviction that was too close to the date of application. Not enough time passed for example.
You could ask your wife to also write a letter stating that she has no intention to move back to the USA and is happy living in the UK as a dual citizen and only wishes for you all to travel on holiday/ vacation. I'd go with an open mind to the interview. they seem to not want anything other than the official application form and police certificate in the interview. I was asked to provide more info later by email. I went to Dublin, but it should be the same in all places I guess. This is when you could supply the mortgage statement, letter from your wife, copy of your employment contract, school registration for the kids etc...

There is a spreadsheet here and you can see how things have progressed in terms of applications, but nobody really states their full story and what convictions they had.

Good luck

TonyM1 Feb 23rd 2025 11:09 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Thanks. I'm planning to take mortgage statements, employment letters etc which I didn't have with me last time, and copies of my wife & kids' UK passports. Yes, it's for a B-2 tourist visa.

No trip planned yet. Provisional date is summer 2026.

christmasoompa Feb 24th 2025 12:38 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by TonyM1 (Post 13300375)
Thanks. I'm planning to take mortgage statements, employment letters etc which I didn't have with me last time, and copies of my wife & kids' UK passports. Yes, it's for a B-2 tourist visa.

No trip planned yet. Provisional date is summer 2026.

Mortgage doesn’t help (I have several mortgages in the UK but live in the US!), but your job is the crucial thing. Take lots of evidence of that and a letter from your HR confirming you are taking annual leave and due back on x date. Also, evidence for the kids i.e. their school records.

Why are you not eligible for the VWP?

TonyM1 Feb 24th 2025 3:01 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Originally Posted by christmasoompa (Post 13300383)
Mortgage doesn’t help (I have several mortgages in the UK but live in the US!), but your job is the crucial thing. Take lots of evidence of that and a letter from your HR confirming you are taking annual leave and due back on x date. Also, evidence for the kids i.e. their school records.

Why are you not eligible for the VWP?

Thanks for the advice about mortgages. Was thinking council tax bill shows it is our actual home.

I won't be booking any annual leave for this trip until at least a year from now.

Not eligible due to 2004 conviction - moral turpitude. I had a student visa in 1999-2000. I didn't overstay on that visa or on any subsequent visa-free trips up to 2003.

TonyM1 Feb 24th 2025 3:12 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I have an ITIN tax reference number. For a few years I filed jointly with my wife who is a US citizen - it was preferential when she moved her US savings here to buy our first house. After 20+ years of filing to show we owe nothing, we applied in 2023 to revoke my ITIN permanently. The IRS write to me every few months saying they need more time to review the application. Can this have any bearing on my NIV application? Should I bring it up at the interview?

rmart Feb 24th 2025 9:28 pm

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Entering month 9 tomorrow. 245 days. :confused:

Wales44 Feb 25th 2025 12:51 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Probably 75-85 more days to go... sorry

rmart Feb 25th 2025 2:08 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Going off the last 3 B1/B2 applications in London which were approved, they were 297, 294 and 290 days (a slight fall in days to approval) I would hope another 50 days should do it.

Yours was in Dublin and was 309 days but this was your first which sometimes take a little longer.

Fingers crossed as I have a booking !

abrowsky Feb 25th 2025 2:15 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Right now, things are very uncertain. I am afraid to make any predictions till there is an update from E2LondonMarch24

rmart Feb 25th 2025 2:19 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
Do we know if the different visa types have different departments/processing times. I was just comparing eggs to eggs.

abrowsky Feb 25th 2025 2:25 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I have not found any correlation unfortunately, but with Elon Musk at the helm causing confusion, things are bound to slow down in federal offices. The ARO will not be out of it unfortunately. But I am hoping things get turned around and we get a response soon.

rmart Feb 25th 2025 2:28 am

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 
I thought the whole reason for the Trump?Musk actions were to improve efficiency not slow it down, but WTFDIK. :cool:


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