Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi, me again.

I thankfully received my visa in my passport today :) I have been granted 1 year with multiple entries judging by what guidance I have read.

Quick question. I have read throughout this discussion about the annotations indicating a waiver has been granted as a result of inegibility, under annotations mine simply says 'clearance receive 29/08/2013'. Does anyone know if the annotations have changed with the new system? Basically, I was never told whether or not it was definite that I would require a waiver, was given the form with 'potential CIMT' written across the top and I'm trying to figure out on the visa if that was actually what happened?

Really appreciate all of the posts who have helped so far. Promise ill stop asking questions soon!

Thank you.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Unless the annotation says 212(d)(3) somewhere, then you didn't get, and apparently didn't need a waiver.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi I guess the new system for processing the visas must be working well. (not in my case as I am on my 3rd visa and still waiting 16 weeks later) My brother applied for a visa from Belfast, and this was his first application and he had his email in 3 yes 3 DAYS.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi,

I'm new to this forum and I'm also waiting for the waiver decision. But my story is a little different. I'm applying for H1B visa to return to work and didn't expect this whole waiver thing with its lengthy time, since I'm not convicted of any CIMT but have a recent alcohol related arrest (now is over 12 months ago but was 3 weeks short at the time of my medical). I don't know if the process or result could be different for this situation. And I have couple of questions about it. Please bear with me for a brief of my case.

On July 24, 2013, I had my initial visa interview, during which, as well as on my DS-160, I disclosed the public intoxication charge (a misdemeanor C charge occurred in Texas on Sept. 1, 2012, which I have already paid the fine for and will be dismissed on coming Oct. 23, 2013). I was informed by the Consulate to take a medical examination on Aug. 6, 2013. I obtained the medical result report and submitted it to the consulate on Aug. 8, 2013. On Aug. 14, 2013, I was asked to go for another interview in the consulate, during which not many questions were asked. At the end of the interview, I was given the refusal worksheet as attached and the consulate officer informed me that a waiver request has already been submitted on my behalf. Through the follow-up email correspondence with the consulate, I confirmed the waiver recommendation was submitted on Aug. 14, 2013 through ARIS, due to a class "A" finding in the medical report. I was told by a panel physician regarding to the Class "A" finding and was informed that an "A" has to be assigned due to the recency of my incident (3 weeks short from being 12 months since the incident at the time of the exam).

So my questions are:
1). Given the waiver decision takes a LONG time and I really need to go back to work ASAP and on the visa status website, my case is already showing as "refused", is it possible for me to make another appt and go for another interview and medical? I'm pretty sure that I should be able to get a Class B finding this time (which is not inadmissible) and I should have all my dismissal documents for my case, so is it possible for me to get a visa before a waiver decision?
2). in my case, is there any way to expedite the process?
3). if I HAVE TO wait for the waiver, has anybody been approved for a waiver in the similar situation like me? And how long did it take? (BTW, I'm applying in a consulate in China and the waiver recommendation was submitted to CBP on 8/14/2013)

Thanks.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I've never heard of anyone ever being granted a waiver for this health ground. The only nonimmigrant health ground I have heard being waived was for HIV/AIDS people going to conferences before that was changed.

You may be stuck until a USPHS panel physician determines that there is no more class. I don't even know if there can be a Class B for something like this. Class B is usually for something like inactive TB, high blood pressure and Ive heard of it for someone with six fingers on each hand, but not for this.

Getting the case dismissed or not has no bearing on the visa issue because your not ineligible for a criminal ground.. The arrest just gave an indication to them that you may have a medical ineligibility. You have been found to be ineligible under health grounds due to having a medical condition that is a danger to yourself or others. There is little chance to get a visa before the waiver decision and there is no way to expedite it.

As a side note, I do not think there is such a thing as a multiple entry waiver for your medical ineligibility so any visa/waiver may only be good for one entry.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

How many times, and in how many different threads are you going to post the same information over and over? Please tell us... so we can simply ignore all the duplicates!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the response. I'm pretty sure there is a Class B finding for this situation, as I was told by the panel physician that the reason that I have to be assigned a class A finding was due to the recency of the incident, which was within 12 month at time of the exam. A class B finding could be given now, if I were taking the medical now, after the 12 months time period. So my question is, is there anyway that I could withdraw the waiver process and get another medical exam instead?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

After much deliberation and research I am finally going to apply for my visa as there is only one way to find out. I know I will be instantly refused but hoping I may get referred for a waiver. I have a drug possession charge from 11 years ago.

The plan is to travel in April 2015 so I am trying it time it right so I can book my holiday in advance to get a good price but to make sure my visa has enough duration to cover the date of my trip.

The plan is to try and get an appointment for January 2014 and IF (which I am aware still not may happen) I get referred and granted then based on current timescales (adding an extra month as a precaution) I should my visa around June 2014. At that point I will book my holiday for April 2015.

My biggest concern is that if I am granted one, and I only get a visa valid for 6 months then it really throws a spanner in the works. If I do only get 6 months can I immediately re-apply even though I still have a valid visa at that point and time? Also if I get accepted once and no circumstances change is it a given I will get future visa's?

Finally when you get the email asking to send your passport back as they are ready to issue the visa, is there a time limit in which you have to do that by or could I stall so my dates work?

Thanks I'm advance for any advice.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The outcome of your application will depend on a number of things, such as the specific nature of the offence, the sentence given, time passed since the conviction (if one exists), your rehabiltation since the time of the offence etc. But as you say, there's only one way to find out.

Sounds sensible, but as you outline below, you need to keep in mind that timescales can and do vary, as does the validity of any visas that may be issued.

You can reapply for a new visa at any time, even if you have a current one with remaining validity. In the case that a subsequent visa is issued, the existing one will be cancelled.

Your second point is true, in general terms and specifically with regard to waivers of ineligibility, as it is stated in the guidance to consular officers that they must maintain consistency in recommendations for waivers. So if you are recommend for a waiver once, they should do so again (all other things being equal).

I believe you must arrange for your passport to be couriered within 30 days of the receipt of the email.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the reply and information.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Although this is my first post, i want to say thanks for the people who have answered many questions to which i needed the answer for. This is certainly the most in depth post on the subject i can find.

However just a quick update to others, i needed a Waiver due to CIMT when i was younger (9 years ago) which i received the email for today after 19weeks 4 days. I have arranged collection of my passport and i cannot wait until i receive it back knowing i can join my family on our dream holiday.

My bit of advise however, do your research, i didnt and its cost me all in, plane change etc almost £1000 to change my plans because i didnt read this, the wait was agony, but being honest on the ESTA was all i could be. Disappointed the embassy cant make the decision but thats out of my hands. Good luck to everyone waiting, hopefully the time frame may be dropping for acceptance. Fingers crossed.:eek:

Just add this was applied for at the London Embassy :-)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the update. The information regarding current waiting times is especially useful for other applicants embarking on the process.

Would you also please come back in a week or two and update this thread as to how much validity you've been allowed on your visa, as this is also the type of information which is frequently asked for and will be helpful to others. Good luck and have a great time on your visit to the USA. :thumbsup:

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

absolutely, as soon as i get it ill let you know :-)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You mean your brother also has a crime of moral turpitude, and a waiver of ineligibility to enter was requested, and it only took 3 days for the decision from Dept of Homeland Security?