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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Feb 24th 2014, 11:54 pm
  #781  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crash85
It was in Orlando Florida. I was charged by grand theift 3er degree. I was told i do need a waiver, thats why im asking how Many time should I'll wait to apply for a waiver, how many is the average time to show rehabilitation due to my crime and my current status.

Thanks again

Josheph
You took a guilty plea for a felony?

Very rough estimate would be 3 years from the time the sentence has been completed including all parole and/or probation. Of course applying really only risks the fee.

Was there any overstay while the court case was going on? On the bright side, it doesn't sound like you were deported. That would complicate things some more and require more paperwork to overcome.
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Old Feb 25th 2014, 4:54 pm
  #782  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I declared Nolo contendere plea and i was given by judge the same plea which mean you are not declared guilty either you are not declared no guilty. I was given a 2000 fine only, no probation or parole, i had no overstay neither deported. When the incident happend i was in jail like 4 hours and then bail out and just exit the US the normal way. Either way i contact inmigration lawyer and they old me i would need waiver if i want to get back to the US. And that why im asking how many time would be prudent for me to wait till i apply for waiver.

Thanks

Jose Arana
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Old Feb 25th 2014, 5:11 pm
  #783  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crash85
I declared Nolo contendere pleaa
That's a guilty plea in all but name, as I'm sure you're aware. It certainly counts as a guilty plea for immigration purposes.
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Old Feb 25th 2014, 6:58 pm
  #784  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by hungryhorace
That's a guilty plea in all but name, as I'm sure you're aware. It certainly counts as a guilty plea for immigration purposes.
Yes i know. I just asking due to all my status whats a decent time for me to wait to apply for a waiver.

Thanks

Joseph
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Old Feb 25th 2014, 8:20 pm
  #785  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I'm on week 22 tommorow and have not heard a thing, my vcu r3 said 20-22 weeks so it's soon, I'm travelling to Florida on May 2nd with 3 kiddies who are very excited.
This is my 3rd visa my first took 49 days and was valid a year that was 2006
My 2nd visa took 3 months and I lost out on a holiday to Vegas due to it not arriving quick enough, it eventually turned up and I was granted a year again. That was in 2010.
And now this time I'm still waiting praying and hoping it's soon , I went for my interview on sept 25th .
They did say at my interview this time I'm going to be recomended for a 3yr visa.

Last edited by Leanne12; Feb 25th 2014 at 8:28 pm. Reason: Forgot to mention something
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Old Feb 25th 2014, 9:17 pm
  #786  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi All,

First time poster - led here by research and growing feeling of desperation, and regret for my actions from 20 odd years ago now!

Anyhow - my situation; I wish to go to Orlando in 2016, and spend 3 weeks in a private rented villa and see all the Disney parks etc. with my wife and 2 young children. When we travel I will be 48 years old.

But, after doing some research I discovered that I would need to apply for a VISA. I then read up some more and noticed some information regarding Generally inadmissible (3) – Convicted of two or more offences.

So, to the point. In my teens and early 20's I was a right scally. I had 3 spells in prison and numerous criminal convictions. My prison sentences totalled 7 1/2 years - although I never served that much. Any my list of convictions is numerous. I should state that my convictions do not include violence/drugs/sexual crimes.

I was just an idiot who re-offended very often - car thefts, burglary, fraud were the type of thing - multiple offending, short period of time.

So - according to the rules - I WILL NOT get a VISA.

My question - Is it even worth my applying - as in is there any chance I could apply for a Visa Waiver of Ineligibility Application?

I would appreciate any advice anyone can give on this matter.
Thanks.
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Old Feb 25th 2014, 9:25 pm
  #787  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by nautghtymonkey
Hi All,

First time poster - led here by research and growing feeling of desperation, and regret for my actions from 20 odd years ago now!

Anyhow - my situation; I wish to go to Orlando in 2016, and spend 3 weeks in a private rented villa and see all the Disney parks etc. with my wife and 2 young children. When we travel I will be 48 years old.

But, after doing some research I discovered that I would need to apply for a VISA. I then read up some more and noticed some information regarding Generally inadmissible (3) – Convicted of two or more offences.

So, to the point. In my teens and early 20's I was a right scally. I had 3 spells in prison and numerous criminal convictions. My prison sentences totalled 7 1/2 years - although I never served that much. Any my list of convictions is numerous. I should state that my convictions do not include violence/drugs/sexual crimes.

I was just an idiot who re-offended very often - car thefts, burglary, fraud were the type of thing - multiple offending, short period of time.

So - according to the rules - I WILL NOT get a VISA.

My question - Is it even worth my applying - as in is there any chance I could apply for a Visa Waiver of Ineligibility Application?

I would appreciate any advice anyone can give on this matter.
Thanks.
A waiver is available for that. You need multiple grounds waived including 212(a)(2)(A)(i)(I) for the CIMTs and 212(a)(2)(B) for more than 5 years sentenced whether suspended or imposed. 20 years is a good long time to show rehabilitation so you may actually be approved. You apply for a visa and they will tell you if they recommend a waiver.
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Old Feb 25th 2014, 9:28 pm
  #788  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
A waiver is available for that. You need multiple grounds waived including 212(a)(2)(A)(i)(I) for the CIMTs and 212(a)(2)(B) for more than 5 years sentenced whether suspended or imposed. 20 years is a good long time to show rehabilitation so you may actually be approved. You apply for a visa and they will tell you if they recommend a waiver.
Wow - thanks for the speedy response, and with that news, actually putting my mind at rest (a little)!

OK - so I am right and that I go to the US Embassy for interview- they decline my application, and then they recommend the waiver and they do the application?

Do I need to do any research/paperwork for all those numbers etc mentioned above?
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Old Feb 25th 2014, 9:38 pm
  #789  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Naughty monkey,
My dad got issued a 10yr visa on the day he went for an interview as his crimes were over 20 yrs, my ex husband had been in prison in his teens and got granted a visa in 2006. But also I know this is naughty my friends husband lied on the esta and got through Florida immigration last year no questions asked . Personally I've always gone down the proper channels and got a visa, but my conviction was very minor and I wish in the first place I'd just ticked that I had not been convicted on my esta. But then I suppose that's a risk. All in all I think at the mo it's taking around six months to be recomended for a waiver so you have loads of time to apply xx good luck I hope whatever you do u get to go with your fam xx
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Old Feb 25th 2014, 9:46 pm
  #790  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by nautghtymonkey
Wow - thanks for the speedy response, and with that news, actually putting my mind at rest (a little)!

OK - so I am right and that I go to the US Embassy for interview- they decline my application, and then they recommend the waiver and they do the application?

Do I need to do any research/paperwork for all those numbers etc mentioned above?
No, but you absolutely will need paperwork from the courts / police forces who dealt with you, plus an ACRO certificate.
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Old Feb 25th 2014, 10:00 pm
  #791  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by nautghtymonkey
Wow - thanks for the speedy response, and with that news, actually putting my mind at rest (a little)!

OK - so I am right and that I go to the US Embassy for interview- they decline my application, and then they recommend the waiver and they do the application?

Do I need to do any research/paperwork for all those numbers etc mentioned above?

You will need paperwork as hungryhorace stated, apply for the visa, it will be initially denied pending the waiver determination but the denial can change to approval if the waiver is approved. The waiver and visa will not be issued the same day because it is not minor enough for the consulate to waive the problem without DHS concurrence. Waiving 212(a)(2)(B) will be the tricky part.
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Old Mar 6th 2014, 7:49 pm
  #792  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi first time poster so looking for advice as others have done. I attended the US consul in London to apply for a B1/B2 visa as advised by the website.
I have a minor conviction for D&D over 25 years ago and also was refused entry to the US shortly afterwards because i could'nt convince immigration that the purpose of my trip was a holiday rather than to work illegally.

As others have said it is a traumatic experience with you as the paying client made to feel as if you are up to no good.
Anyway i was refused a visa but i was given a piece of paper which i think suggests that the officer is prepared to advise that i am suitable for a waiver.
I was told to go away and await further contact from the D of S when a decision is made ( at least 6 months )
My concern is that when i got home after paying again for my train, i missed the one i was booked on to because they kept me waiting for so long, i checked the Visa status on my application account to find that it says REFUSED.
Would it say refused even if i have been recommended for a waiver and if so how do i check what the status is of my waiver decision ?
Thanks in advance for any advice
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Old Mar 6th 2014, 8:17 pm
  #793  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by smartyboots11
Hi first time poster so looking for advice as others have done. I attended the US consul in London to apply for a B1/B2 visa as advised by the website.
I have a minor conviction for D&D over 25 years ago and also was refused entry to the US shortly afterwards because i could'nt convince immigration that the purpose of my trip was a holiday rather than to work illegally.

As others have said it is a traumatic experience with you as the paying client made to feel as if you are up to no good.
Anyway i was refused a visa but i was given a piece of paper which i think suggests that the officer is prepared to advise that i am suitable for a waiver.
I was told to go away and await further contact from the D of S when a decision is made ( at least 6 months )
My concern is that when i got home after paying again for my train, i missed the one i was booked on to because they kept me waiting for so long, i checked the Visa status on my application account to find that it says REFUSED.
Would it say refused even if i have been recommended for a waiver and if so how do i check what the status is of my waiver decision ?
Thanks in advance for any advice
They're supposed to refuse or issue within one business day even if still reviewing it. If they decide to issue later, they can change the refusal to issued/approved.
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Old Mar 6th 2014, 10:32 pm
  #794  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
They're supposed to refuse or issue within one business day even if still reviewing it. If they decide to issue later, they can change the refusal to issued/approved.
Hi thanks for that prompt message, if i have been issued with a form and a ref. no. does that mean that they will pursue the waiver on my behalf with the D of HS, and that i just sit and wait for a decision ?
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Old Mar 7th 2014, 12:54 am
  #795  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by smartyboots11
Hi thanks for that prompt message, if i have been issued with a form and a ref. no. does that mean that they will pursue the waiver on my behalf with the D of HS, and that i just sit and wait for a decision ?

Yes.
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