Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I've never been through the Waiver of Ineligibility process... but I've been following this forum for a long, long time - and I read every post. Situations may differ, but the frustration and emotional drain are pretty much the same for everyone. While I may have the persona of the Grinch, I don't try to be deliberately mean (believe me... on those occasions that I am, you'll know the difference), but I do try to keep things real - and, sadly, most people here prefer wishful thinking to reality.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Totally agree, just don't understand how it takes this long. Do they just all go into one sorting office to be done or are they separated for example crime years ago done nothing since and they have every document needed would that go into one pile and the others where it's more recent and need more info go into another pile?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

They don't seem to go in order just sounds like they go in a big pile of mess and currently getting the email under 40 weeks or more is like winning the lottery (which we probably have a better chance at) lol sorry to sound so negative but I cannot see the light at the end of the tunnel right now.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hey guys,

Stumbled across this forum searching for something else. So far very helpful info as I thought I was the only person who'd been waiting a while...

My interview was on 19th December and I haven't heard a thing yet. My trip was in December last year (oh how young & naive is was 7 months ago!), so obviously that got canned.

I was recommended for a waiver but haven't heard anything yet either. I understand the times vary and are LONG. But I have some questions perhaps someone can help me with.

1) Did I need to do anything after my interview to start the waiver process or is it done automatically? If I did I haven't! If so what needs to happen?

2) By the looks of it once granted, this process needs to happen every time you need a new visa going forward, is that correct?

Thank you kindly

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

The embassy submit your application direct to DHS no need to do anything other than wait...... Depending on how long your visa is valid for in Aust we only have 1 year or 5 year validity so you will need to go through this process each time what country are you in?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Great thanks for the clarification, I'm in the UK.

I don't have fixed plans to visit the US now, but I am going to Dubai in October. I reckon what will probably happen, is I'll get an email a few weeks before I go, and in which case I wont be sending off my passport until I get back!

It's all fun & games isn't it.

Well 1 year is better than 0 years, so I'm hoping for at least that. But this is my first attempt to get a US visa so who knows what the outcome will be.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I know what you mean you have to think negative I'm afraid because it just won't happen on time.

Just a shame something that happened so long ago (and yes I know it's my own fault) but to bring up the past has been horrible to go through it all again, if it had happened only the other year then yes I'd understand but when it's nearly a decade ago without being in trouble since then I just think it's a bit far fetched to go to this much effort, stress and waiting

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I know it sounds facile, but the basic tenet is that the US doesn't want to allow criminals in without being certain they will not cause a problem, it doesn't matter how long ago it was, in their eyes you are/were a criminal, and each time you apply they will want to sort out that you haven't done anything more particularly as the rules might well have changed in the meantime. They have a set of rules/guidelins which they have to go through every time, and this may well involve several people there and several agencies in the US if you have visited there. There will be thousands of you in the same boat, so it's never going to be a quick fix.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I have no idea either, I wish I did..

I think as I understood it from the letter the consular officer on that day would recommend you, then a supervisor would agree with their decision & then they would forward it on to the DHS, I guess it depends how quickly each person did their job? I read somewhere that the US Embassy in London deals with 20% of the worlds waivers, so I guess that's quite a lot of people applying through London.

Belfast always seems a little quicker or has done in the past from what I've read. You can also track your waiver there too. It tells you where they are working up to. Shame London doesn't have this.

I guess it is just a random waiting game, as some on here who applied in December had theirs back & some are still waiting.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just wanted to know if a person lies on the ESTA & gets approved is there any way once you get to the USA they can check if you have a criminsl record spent or current? thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I dont think anyone actually knows what they can or cannot check, however, I was told by a TSA officer the last time I travelled on a waiver(I had to wait in a small room whilst they did it)"we have to check if you have done anything naughty since your waiver was granted" he went on to add that this should have been done from the API before I left the UK, but that they did not have the staff.Make of that what you will.
ps This has happened each time I have travelled on a waiver to the US

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What if I just apply for a ESTA now and just lie, would it appear on their system I have been recommended for a waiver and then let me in?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Probably, but you really don't want to do that, I suspect that as soon as you submitted the ESTA form, then it would match you up with current records, show you had had to have a waiver, and deny the ESTA, this would put you back to square 1, but in addition they would have a record of your attempted fraud, and that would lead to a lengthy ban on getting any sort of visa.
In reality people here do not know just what the DHS are able to check, but with terrorism becoming a global crime, it' not unreal to suspect they may be able access other countries criminal databases.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yeh that's very true, I wasn't going to do it by the way was just suggesting if one could do that

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I was thinking to the same thing just so desperate now lol but I know in Australia they take your fingerprints at embassy so there is no hope we are all just 2 honest unlike others who will never know the crap
We have gone thru😡

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I only want to go to propose to my girlfriend, instead soon I'm going to have to tell her that I can't go which will break her heart and probably end it with me

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yep my situation not much better have to tell my kids this week we can't go to USA next month thanks to my stupid error in jugenent 22 years ago!!!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Not sure if it helps any of you'll but I figured I'd at least bring it up any inform those of you who aren't aware of it that there are some CIMT that don't require the waiver if the offense falls under the petty offense exception.
You can read more about it here: When the Petty Offense Exception Excuses a Crime of Moral Turpitude | Nolo.com

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just a word of caution: you must still declare the offense. You can't use the petty offense exception to decide, on your own, whether or not the offense must be declared simply because it may mean you don't need a waiver. You don't get to make that call.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

No one knows for sure... so you must assume they can! By the way, if you lie and get caught, you face a lifetime ban from the US with no possibility of a waiver.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

With respect, if she ends it with you simply because you can't get to the US at a convenient time, I suggest you proactively end things with her now. She doesn't much sound like a keeper.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi all...new to this! Just been reading through, my hubby had an interview 29 weeks ago, he was told that he would get a 10 year visa, it has been in administrative processing ever since! He was granted a waiver of ineligibility last year and that took 6 months to the day...so frustrating to read that someone has been waiting for 38 weeks...really hope you get it soon!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Whoever told him that, lied - deliberately. The maximum for a Waiver of Ineligibility is 5 years.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

They didn't mention waiver...they just said visa. Because he's had a waiver before is that what he will get now?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

AFAIK, once he's deemed ineligible, he will always need a waiver of that ineligibility - and that means reapplying each time his current waiver expires. I guessed that his previous waiver was valid for only 1 year... which is why he reapplied for a new visa.

Are you sure it was a Waiver of Ineligibility and not a Waiver of Inadmissibility? They're not the same!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Not sure actually...I will check tonight! They actually kept his passport at interview and told him he would have it back within 10 days! We've had to request it back though as we travelled to Spain. I've checked the ceac website and it just says in administrative processing last updated on the 20th july

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

He was granted a waiver 212 (a) (2)(a)(1) is this the ineligible or the inadmissible? Many thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Sounds like he got a waiver of ineligibility last time, not sure why they advised 10 days and took the passport as they now only do this if visa is approved on the spot! did you get your passport back from the embassy?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Visa was approved on the spot...but it's now in ap. Yes we have the passport back as we requested it, have tried emailing the embassy but just get the automated response back.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Take it from someone who thought that few years ago - when it was the little green forms you filled out on the plane - Its not worth it. I tried, I failed , I got refused entry and sent back home. This was after about 6/8 hours waiting and interviews and then a very unpleasant over night in a jail cell. Please just be patient.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

So honest is the best policy, just out of curiosity did your ESTA get approved & you just got pulled up at USA airport?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

What's the name of the place called where the application goes? Is it the DSHS? Can you contact them?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It's the DHS in Washington. I don't believe you can. There is an email, but it's just an automated response to tell you to contact the embassy where you applied.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes totally correct & the embassy will tell you your case is with DHS and there is no way of getting any update on your waiver you just have to wait and wait and wait until it absolutely drives you crazy, I have given up hope will just have to stay in my own country & spend my holiday money here and to tell u the truth the way the U.S. Dollar is at the moment maybe it for the best!!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It's such a shame, where were you meant to be going?

I hope you have a lovely holiday!

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

No, not in any meaningful way. Going by your previous posts, it seems you have little patience. This has been - what... just over 10 weeks for you? Some people are waiting 35+ weeks, so you have quite a long wait ahead of you. I suggest you settle back and get used to the concept - because absolutely nothing is going to happen between now and when you get notice to send in your passport.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ian has given some good advice in the post above. I've said this many times before, but I simply do not understand the desperation of some of the applicants sharing their stories in this thread.

I've had two waivers of ineligibility in the past. In both cases, I pretty much forgot all about the visa application and just got on with the rest of my life until such time as I was notified to send in my passport.

It is futile and foolish to stress and worry about a process over which you have no influence or control. Why do it to yourself? It amazes me that people still work themselves up about it so much.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks I Was going to America for a wedding & then staying an extra week for a holiday.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I have also has 2 waivers as I stated before my first one took 1 week and then my 2nd took 1 month unfortunately Before I applied this time I did not go into the part of the embassy website that sd it can take longer than 27 week and don't go on time of past waivers received Oh well I know now & in future will apply earlier and not stress I have learned my lesson the hard way just disappointed that I will miss a wedding. Isn't this page for people to share their stories?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes... but honestly, how many people whining about the inequities of life can you actually listen to before throwing your hands up in the air at the futility of their effort? The wheels of immigration turn slowly, but they do turn. I completely understand the frustration but, more often than not, it's because people made plans without thinking, and without any due diligence. Many people think they have some sort of entitlement to travel to the US - and they don't like it when they discover they don't.

So... what do they do? People blame the US immigration system, because they aren't willing to admit that they, themselves, screwed up and it's their own fault they're now in this situation. Now, that may seem pretty harsh, but that's the reality of things... and if people believe something different - well, they're just fooling themselves and are trying to live in some sort of fantasy. And then they complain that their fantasy isn't living up to their expectations!

Ian