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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 7th 2014, 12:25 am
  #796  
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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 ?
Did it give an estimated time on the letter ie20/22 weeks?
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Old Mar 7th 2014, 2:05 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Leanne12
Did it give an estimated time on the letter ie20/22 weeks?
With respect, asking about other people's timelines isn't going to get your issue solved any sooner.

Ian
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Old Mar 7th 2014, 2:20 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
With respect, asking about other people's timelines isn't going to get your issue solved any sooner.

Ian
I know that I'm not daft I'm just seeing if they have made the wait time longer since I had my interview at the consular. And with respect did you really need to comment that.
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Old Mar 7th 2014, 2:42 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Leanne12
I'm not daft...
I didn't suggest you were.


I'm just seeing if they have made the wait time longer since I had my interview at the consular.
And if they have, you'll likely become even more anxious!


And with respect did you really need to comment that.
Yes - because asking about and following other people's timelines is the sure path to madness. Many of us have watched it happen time and time again. It's not pretty! One of the greatest disservices ever, was the day that US immigration started to post processing timelines.

Ian
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Old Mar 12th 2014, 2:47 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Guys,

Long time reader, first time poster!

This thread is useful and comforting and seems to be the only place where you can come to get further clarity with real world scenarios.

I've been following this thread since August 2013.

Long story short - I was recommended a wavier for 212(a)(9)(A)(ii)

I had no idea this was even in place!

Anyways my appointment was on September 30th 2013 and I was recommended a wavier and the time frame was 18-22 weeks. Accordingly to my calculation I am in week 23 and still no update.

Thought I would keep everyone updated as this thread has been useful to me.

Thank you,
Kaz.
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Old Mar 12th 2014, 3:59 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi All

I have a question of which I cannot find an answer too.

Is a E visa quicker to obtain than a H1B? Is there a different processing involved? If so why?

In my case I originally came to the U.S on a 3 year L1 blanket Visa (2010) In which it took only 6 weeks from start to finish to complete. (Why was that?)

After 18 months I moved to the company in the US and then applied for a H1B (2012). Only to be told I am permanently ineligible to get a Visa and need a visa of ineligibility. It went to the DHS and that left me stranded back in the UK for 7 months. I nearly lost my job as the result of this. I was shocked. Why didn’t they say this when I went to apply for my L1
It eventually came and they gave me a 1 year waiver and a petition for 18 months until Sept 2014. So will have the same delay as last time when I go back.
I cannot afford to be away as my life circumstances has changed here with a baby arriving in Aug.

I have been told the 5 year E visa is the way to go for me as it as it will only take a few weeks. So my plan is to sever my employment here then return as a contractor ( In 6 weeks) with no fuss or bother. If not all 3 of us will have to wait it out back in the UK for the H1B and hope my job will be there when I get back. I don’t want that!

I may add I went through the same process in both Visa applications, nothing was different only the wait times. They had the same documents also. There was new information to them.

So is applying for a E visa the same process as a H1b in my case. Will it go to the DHS again? Why didnt it the first time or maybe it did. I just need to get back here without the 7 months delay.
Would be very grateful if any one has any info on this, as will need to act fast.

Thanks
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Old Mar 12th 2014, 5:28 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Switch486
I have a question of which I cannot find an answer too.
My response is in your other thread.

Ian
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Old Mar 12th 2014, 7:45 am
  #803  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
Hi Guys,

Long time reader, first time poster!

This thread is useful and comforting and seems to be the only place where you can come to get further clarity with real world scenarios.

I've been following this thread since August 2013.

Long story short - I was recommended a wavier for 212(a)(9)(A)(ii)

I had no idea this was even in place!

Anyways my appointment was on September 30th 2013 and I was recommended a wavier and the time frame was 18-22 weeks. Accordingly to my calculation I am in week 23 and still no update.

Thought I would keep everyone updated as this thread has been useful to me.

Thank you,
Kaz.
It sounds like you were ordered removed for something. Sometimes people need a waiver as well permission to reapply for admission after removal so perhaps more than one thing is pending. What were you removed for and how long have you been out?

Last edited by crg; Mar 12th 2014 at 7:50 am.
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Old Mar 12th 2014, 9:41 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Would the current issue with regards to cautions being in administrative processing slow down the process for the people without cautions but with CIMT who've been sent for a waiver to the dhs?
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Old Mar 12th 2014, 11:12 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
It sounds like you were ordered removed for something. Sometimes people need a waiver as well permission to reapply for admission after removal so perhaps more than one thing is pending. What were you removed for and how long have you been out?
Hi Crg,

My family migrated in 1990 and we moved from the states back to the UK after failing to secure citizenship in 1997. I returned twice since then once in 1999 with the family and once in 2004, alone when I was 17.

In 2004 I visited for 30 days no issue at port of entry and left as scheduled.

I applied for my esta last summer and was denied, then applied for the visa through the embassy, a wavier was recommended - at this point for the first time I was made aware of the removal issue/ban.

It will be 10 years in July since my last trip.

Last edited by Kaz1234; Mar 12th 2014 at 11:15 am.
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Old Mar 12th 2014, 11:50 am
  #806  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
Hi Crg,

My family migrated in 1990 and we moved from the states back to the UK after failing to secure citizenship in 1997. I returned twice since then once in 1999 with the family and once in 2004, alone when I was 17.

In 2004 I visited for 30 days no issue at port of entry and left as scheduled.

I applied for my esta last summer and was denied, then applied for the visa through the embassy, a wavier was recommended - at this point for the first time I was made aware of the removal issue/ban.

It will be 10 years in July since my last trip.
Something doesn't add up. How long was the 1999 trip? Did the family apply for anything on that entry? If the removal proceedings were initiated between 1990 and 1997 then the bar should have been for 10 years from the date of departure in 1997. Perhaps they saw your departure in 2004 and thought that it was your first departure since the removal. You may not even need a waiver unless removal proceedings were initiated again after 1999. If you were all ordered removed twice then it could be a 20yr bar.
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Old Mar 12th 2014, 1:33 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
Something doesn't add up. How long was the 1999 trip? Did the family apply for anything on that entry? If the removal proceedings were initiated between 1990 and 1997 then the bar should have been for 10 years from the date of departure in 1997. Perhaps they saw your departure in 2004 and thought that it was your first departure since the removal. You may not even need a waiver unless removal proceedings were initiated again after 1999. If you were all ordered removed twice then it could be a 20yr bar.
Exactly!

If doesn't add up!

The 1990s trip was for 7 years but everything was in order and legal, and I've been back twice since then for holiday before esta was in place - without any issues!

I think they thought my first departure was in 2004 which is wrong.

To add further confusion my whole family have been approved esta's!

Honestly they made a mistake! But how do you tell them that!
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Old Mar 12th 2014, 2:08 pm
  #808  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
Exactly!

If doesn't add up!

The 1990s trip was for 7 years but everything was in order and legal, and I've been back twice since then for holiday before esta was in place - without any issues!

I think they thought my first departure was in 2004 which is wrong.

To add further confusion my whole family have been approved esta's!

Honestly they made a mistake! But how do you tell them that!

Maybe they'll realize the bar is up when they process the waiver application, but sometimes it's easier to just approve it. You could send a letter to the consulate explaining your travels and ask them to review it. Include proof of departure. An attorney may be able to get some of the file and attempt to correct the record.

The 7 year trip was extremely unlikely to have been "all in order and legal" because you were apparently ordered removed. I'm sure there were applications being sent, but it's very tough to work the system for that long without being out of status. You took two trips before getting nailed, perhaps the family will have the same ESTA issue down the road. I wouldn't risk VWP travel because VWP is not available to people who have been ordered removed so the issue may come up in the future resulting in a very short trip to the US. If you know your alien number or the numbers for the rest of the family you could try the EOIR Hotline at 1-800-898-7180 and see what it says.

Last edited by crg; Mar 12th 2014 at 2:32 pm.
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Old Mar 12th 2014, 2:43 pm
  #809  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

If the family was ordered removed, they are ineligible for the VWP per 8 CFR 217.

Approved ESTA is not a guarantee of admission and neither is a prior admission.

(2) Persons previously removed as deportable aliens. Aliens who have been deported or removed from the United States, after having been determined deportable, require the consent of the Attorney General to apply for admission to the United States pursuant to section 212(a)(9)(A)(iii) of the Act. Such persons may not be admitted to the United States under the provisions of this part notwithstanding the fact that the required consent of the Attorney General may have been secured. Such aliens must secure a visa in order to be admitted to the United States as nonimmigrants, unless otherwise exempt.
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Old Mar 12th 2014, 3:59 pm
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Many of us live in the US without being Citizens.

Your story makes no sense.
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