Nonimmigrant Visa Waiver of Ineligibility Application
Jun 24th 2025 | 7:31 am
#6451
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Joined: Feb 2024
Posts: 427
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Would it add any value to the data? For the majority of us would you expect anything other than tourism/business?
jools
Jun 24th 2025 | 6:30 pm
#6452
Forum Regular
Joined: Jan 2025
Posts: 66
From: UK
Re: Nonimmigrant Visa Waiver of Ineligibility Application
212(a)(2)(i)(1) vs 212(a)(9)(b)(ii)
essentially just wondering if there's been a blanket ban on some types of convictions vs overstayer vs something else, I realise it could be asking people to offer deeply personal information, like many I'm just deep frustrated and trying to look for answers where there may actually be none, and that is what irks me the most, that there may actually not be any logic applied to refusing one person over another.
Lem
Jun 24th 2025 | 8:50 pm
#6453
Just Joined
Joined: Jun 2025
Posts: 21
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Looks like O1 from 19/08/2024 got their email yesterday. A few added from facebook it looks like.
I will definitely be holding out on booking an interview until I'm confident they're sending waivers over to DHS â˜¹ï¸ as it looks like none are going over at the moment.
Some comments on FB stating that they are doing them in priority order with tourism being at the bottom of the pile.
Also saw someone who said they work for DHS as an auditor saying that anyone with a record is going to find it really difficult to get a visa now and that the UK have to disclose to the US anyone that has a criminal record.
Not sure how true this all is but very strange times ahead and not great for anyone who is looking to get a visa via the waiver of ineligibility process in the next 5 years. Possibly even further as if leadership does change, it can take time to change things back if they decide to do so.
I will definitely be holding out on booking an interview until I'm confident they're sending waivers over to DHS â˜¹ï¸ as it looks like none are going over at the moment.
Some comments on FB stating that they are doing them in priority order with tourism being at the bottom of the pile.
Also saw someone who said they work for DHS as an auditor saying that anyone with a record is going to find it really difficult to get a visa now and that the UK have to disclose to the US anyone that has a criminal record.
Not sure how true this all is but very strange times ahead and not great for anyone who is looking to get a visa via the waiver of ineligibility process in the next 5 years. Possibly even further as if leadership does change, it can take time to change things back if they decide to do so.
Jun 24th 2025 | 9:46 pm
#6454
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Joined: Feb 2024
Posts: 427
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Apologies, working split shifts I didn't think before typing, I meant which code of the immigration act:
212(a)(2)(i)(1) vs 212(a)(9)(b)(ii)
essentially just wondering if there's been a blanket ban on some types of convictions vs overstayer vs something else, I realise it could be asking people to offer deeply personal information, like many I'm just deep frustrated and trying to look for answers where there may actually be none, and that is what irks me the most, that there may actually not be any logic applied to refusing one person over another.
Lem
212(a)(2)(i)(1) vs 212(a)(9)(b)(ii)
essentially just wondering if there's been a blanket ban on some types of convictions vs overstayer vs something else, I realise it could be asking people to offer deeply personal information, like many I'm just deep frustrated and trying to look for answers where there may actually be none, and that is what irks me the most, that there may actually not be any logic applied to refusing one person over another.
Lem
Jun 24th 2025 | 9:58 pm
#6455
BE Enthusiast
Joined: Feb 2024
Posts: 427
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Looks like O1 from 19/08/2024 got their email yesterday. A few added from facebook it looks like.
I will definitely be holding out on booking an interview until I'm confident they're sending waivers over to DHS â˜¹ï¸ as it looks like none are going over at the moment.
Some comments on FB stating that they are doing them in priority order with tourism being at the bottom of the pile.
Also saw someone who said they work for DHS as an auditor saying that anyone with a record is going to find it really difficult to get a visa now and that the UK have to disclose to the US anyone that has a criminal record.
Not sure how true this all is but very strange times ahead and not great for anyone who is looking to get a visa via the waiver of ineligibility process in the next 5 years. Possibly even further as if leadership does change, it can take time to change things back if they decide to do so.
I will definitely be holding out on booking an interview until I'm confident they're sending waivers over to DHS â˜¹ï¸ as it looks like none are going over at the moment.
Some comments on FB stating that they are doing them in priority order with tourism being at the bottom of the pile.
Also saw someone who said they work for DHS as an auditor saying that anyone with a record is going to find it really difficult to get a visa now and that the UK have to disclose to the US anyone that has a criminal record.
Not sure how true this all is but very strange times ahead and not great for anyone who is looking to get a visa via the waiver of ineligibility process in the next 5 years. Possibly even further as if leadership does change, it can take time to change things back if they decide to do so.
jools
Jun 25th 2025 | 12:34 am
#6456
BE Enthusiast
Joined: Jun 2017
Posts: 540
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Some things to consider...
If a waiver of ineligibility is approved, you have overcome the permanent bar on obtaining the US visa you have requested, for a fixed duration only. Only once the waiver has been approved does the consulate proceed to consider whether or not to grant you the requested visa. They cannot decline the visa on the grounds for which the waiver has been granted, but they can still refuse to grant it on any other grounds for which a visa can be denied - intent, lack of ties, incomplete/missing documentation, state department policy, etc...
Note that the following is an assumption only.... we currently believe that if the waiver is denied, you will be notified by email as such and will not be asked to submit your passport. We therefore assume that if you are asked to submit your passport, then the waiver has been approved, and any subsequent visa denial is based on consular review of the actual visa application.
I believe it is unlikely they would deny a visa, once a waiver has been granted, simply because of a backlog on the consular side as has been suggested. We have seen a number of reports directly from applicants that the London consulate IS however refusing to make recommendations for waivers of ineligibility because of the ARO backlog.
Since there is no right of appeal against a visa denial, one might be forgiven for taking the cynical view that 214(b) is a just a convenient justification for refusing more and more applications. This mirrors what is happening in the Schengen area, with applicants with even the strongest connections to their home countries being denied Schengen visas based on "lack of ties".
If a waiver of ineligibility is approved, you have overcome the permanent bar on obtaining the US visa you have requested, for a fixed duration only. Only once the waiver has been approved does the consulate proceed to consider whether or not to grant you the requested visa. They cannot decline the visa on the grounds for which the waiver has been granted, but they can still refuse to grant it on any other grounds for which a visa can be denied - intent, lack of ties, incomplete/missing documentation, state department policy, etc...
Note that the following is an assumption only.... we currently believe that if the waiver is denied, you will be notified by email as such and will not be asked to submit your passport. We therefore assume that if you are asked to submit your passport, then the waiver has been approved, and any subsequent visa denial is based on consular review of the actual visa application.
I believe it is unlikely they would deny a visa, once a waiver has been granted, simply because of a backlog on the consular side as has been suggested. We have seen a number of reports directly from applicants that the London consulate IS however refusing to make recommendations for waivers of ineligibility because of the ARO backlog.
Since there is no right of appeal against a visa denial, one might be forgiven for taking the cynical view that 214(b) is a just a convenient justification for refusing more and more applications. This mirrors what is happening in the Schengen area, with applicants with even the strongest connections to their home countries being denied Schengen visas based on "lack of ties".
There have been several cases on this forum over the years where indications are that the waiver was approved but the visa was subsequently denied. Those cases were generally quite complex, with no history of success or ironically trying to overcome an actual immigration bar etc.
I would otherwise strongly caution the use of the term "permanent bar" - this has legal consideration under INA § 212(a)(9) and is not what is being waived here. There is no waiver for this type of ineligibility. This thread is about a procedure under 212(d)(3). Someone mentioning that they have a permanent bar in a consulate interview when they do not could have devastating consequences.
Ultimately my speculation is quite clear: I'm proposing there has been a quiet policy change to reduce the number if visas issued to "ineligible aliens" or something stupid like that. Policitcal positioning often gets applied through these types of policies and memorandums throughout the US Government.
This entire process is subject to discretion and in the same way there is no right to appeal as you say, there is no right to a visa in the first place. No one in this thread has any form of entitlement to anything in the scope of non-immigrant visas, interestingly just like people who don't have ineligibilities. A visa itself is only permission to apply for entry after all, it is the i-94 that grants status to be present in the United States.
Jun 25th 2025 | 12:38 am
#6457
Just Joined
Joined: Jan 2025
Posts: 8
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Hello there,
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
Jun 25th 2025 | 12:49 am
#6458
Just Joined
Joined: Jun 2025
Posts: 21
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Hello there,
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
I've seen a few posts regarding waivers being rejected and when pressed for more information, it wasn't the waiver being rejected, rather the consulate didn't feel ties to the UK were strong enough.
Jun 25th 2025 | 12:51 am
#6459
BE Enthusiast
Joined: Jun 2017
Posts: 540
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Hello there,
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
In 95%+ of cases, trying again in short order will fail, so I wouldn't recommed that.
What is the ineligiblity he was seeking to have raised? The more detail the better if you're looking for specific advice.
Jun 25th 2025 | 12:55 am
#6460
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Posts: 8
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Are you able to post a copy of the letter and email (omitting any sensitive info) as it seems there are quite a few people on here with some knowledge that may be able to help.
I've seen a few posts regarding waivers being rejected and when pressed for more information, it wasn't the waiver being rejected, rather the consulate didn't feel ties to the UK were strong enough.
I've seen a few posts regarding waivers being rejected and when pressed for more information, it wasn't the waiver being rejected, rather the consulate didn't feel ties to the UK were strong enough.
Jun 25th 2025 | 12:56 am
#6461
Just Joined
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Posts: 8
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Jun 25th 2025 | 1:09 am
#6462
Just Joined
Joined: Jun 2025
Posts: 21
Re: Nonimmigrant Visa Waiver of Ineligibility Application
I'm going to assume the letter was like this (this has been posted by a previous poster on the forum)? Are you able to confirm the date of his interview in August? If you can't upload a screenshot of the email are you able to copy and paste the text he received today?
Jun 25th 2025 | 2:11 am
#6463
BE Enthusiast
Joined: Feb 2024
Posts: 427
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Hello there,
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
My partner attended an interview at the London embassy last August. He wasn’t asked any questions but advised by the consulate that he is not eligible for a visa but they will recommend him for a waiver of ineligibility. He came away with a piece of paper to state this with the date stamped at the top.
After waiting all this time, he received an email from the London embassy today to say that they’ve reviewed his case and have decided not to recommend him for the waiver of ineligibility. All this time we thought it had gone to the department in the US and were waiting their decision. Has anyone had anything similar to this? Thank you!
We are so sorry to hear the news. You partner joins a growing number of our fellow members whose applications have also been declined after a wait of up to a year. As you will see here, some of our members have even been asked to submit their passports, implying that the waiver was approved, and then have received them back after a wait of up to a month, with no visa issued due to other grounds.
It's deeply disappointing and we can only wish you and your partner better luck in the future. Unfortunately, it seems likely that nothing is going to improve in the short to medium term with US politics as they currently are.
Could I ask what date you submitted your application, and when you received the response, so we can add it to the tracker spreadsheet (https://docs.google.com/spreadsheets...?gid=0#gid=0)?
Kind regards
jools
Jun 25th 2025 | 2:31 am
#6464
Just Joined
Joined: Jun 2025
Posts: 15
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Yes would be interesting to see what they said to you on the letter/email if you are happy to share
I recently spoke with someone who is a US visa and immigration consultant and they mentioned that policies are changing weekly and that simply put, these waivers are a low priority right now. The office is not well staffed and cases are taking a year. With the new administration, it's all about protecting the US, so approving visas for those with a criminal background does not line up with that philosophy, which I guess explains the upward trend in denying waivers/visas
I guess we just have to wait it out and hope for the best. People are still getting their Visa's granted but definitely an increase in denials too..
I recently spoke with someone who is a US visa and immigration consultant and they mentioned that policies are changing weekly and that simply put, these waivers are a low priority right now. The office is not well staffed and cases are taking a year. With the new administration, it's all about protecting the US, so approving visas for those with a criminal background does not line up with that philosophy, which I guess explains the upward trend in denying waivers/visas
I guess we just have to wait it out and hope for the best. People are still getting their Visa's granted but definitely an increase in denials too..
Jun 25th 2025 | 7:57 am
#6465
Just Joined
Joined: Jan 2025
Posts: 8
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Here is the letter my partner received today after being told on 2nd August 2024 that he would be recommended for a waiver.
Last edited by Lruppert; Jun 25th 2025 at 7:59 am.
