Nonimmigrant Visa Waiver of Ineligibility Application
#811
Just Joined
Joined: Mar 2014
Posts: 9
Re: Nonimmigrant Visa Waiver of Ineligibility Application
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.
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.
Many of us live in the US without being Citizens.
Your story makes no sense.
Your story makes no sense.
#812
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Ian
#813
Account Closed
Joined: Mar 2004
Posts: 2
Re: Nonimmigrant Visa Waiver of Ineligibility Application
I suspect that there's more going on here than you know about. Perhaps your parents can better explain what happened in those years... but don't be surprised to find out that what you think happened wasn't what acutally happened. Even today they may be uncomfortable telling you about something that is difficult, embarrassing, or humiliating for them.
Ian
Ian
#814
Re: Nonimmigrant Visa Waiver of Ineligibility Application
What do you know about your parents occupation(s) and income during the time you were in the US? Did either of them have regular employment (if so, who did they work for?) or were they contractors, or self employed? Did you leave at the US at all during those 7 years?
#815
Just Joined
Joined: Mar 2014
Posts: 9
Re: Nonimmigrant Visa Waiver of Ineligibility Application
I guess it is what it is and I will wait for my answer though email.
I Will keep everyone updated.
Thanks.
#817
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Work and educational was apparently not normal because you were ordered removed by an immigration judge. Often when someone is ordered removed it's a felony to attempt to come back. Thats not normal. Just because lawyer was involved doesn't mean the person was legally in the US.
The trip probably went somewhat like this:
Entry.... submit an application.....work, put the kids in school without authorization... appeal...appeal...denied...placed into removal proceedings..... skip or lose case/ordered removed.... appeal...appeal....lose appeal... don't show up for removal..stay a little longer..... seven years zip by..depart on your own...barred for 10 years.
The trip probably went somewhat like this:
Entry.... submit an application.....work, put the kids in school without authorization... appeal...appeal...denied...placed into removal proceedings..... skip or lose case/ordered removed.... appeal...appeal....lose appeal... don't show up for removal..stay a little longer..... seven years zip by..depart on your own...barred for 10 years.
Last edited by crg; Mar 13th 2014 at 10:39 pm.
#818
Just Joined
Joined: Mar 2014
Posts: 9
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Work and educational was apparently not normal because you were ordered removed by an immigration judge. Often when someone is ordered removed it's a felony to attempt to come back. Thats not normal. Just because lawyer was involved doesn't mean the person was legally in the US.
The trip probably went somewhat like this:
Entry.... submit an application.....work, put the kids in school without authorization... appeal...appeal...denied...placed into removal proceedings..... skip or lose case/ordered removed.... appeal...appeal....lose appeal... don't show up for removal..stay a little longer..... seven years zip by..depart on your own...barred for 10 years.
The trip probably went somewhat like this:
Entry.... submit an application.....work, put the kids in school without authorization... appeal...appeal...denied...placed into removal proceedings..... skip or lose case/ordered removed.... appeal...appeal....lose appeal... don't show up for removal..stay a little longer..... seven years zip by..depart on your own...barred for 10 years.
To be honest I'm not sure of the above process but if what your saying is correct why was a bar placed when I left after my holiday in 2004 and not in 1997. I was allowed in with no issues in 2004 and with the family in 1999. I had no idea a bar was even in place until I wanted to go Las Vegas for my birthday and the counselor emailed me.
But it is what it is...
Week 23 almost competed.
#819
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Nonimmigrant Visa Waiver of Ineligibility Application
To be honest I'm not sure of the above process but if what your saying is correct why was a bar placed when I left after my holiday in 2004 and not in 1997. I was allowed in with no issues in 2004 and with the family in 1999. I had no idea a bar was even in place until I wanted to go Las Vegas for my birthday and the counselor emailed me.
But it is what it is...
Week 23 almost competed.
But it is what it is...
Week 23 almost competed.
I doubt that you even need that waiver you're waiting for.
#821
Forum Regular
Joined: Oct 2013
Posts: 137
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Just a quick question, roughly how was the email worded? Sorry if it sounds a really stupid question.
Mark.
#822
Just Joined
Joined: Feb 2014
Posts: 8
Re: Nonimmigrant Visa Waiver of Ineligibility Application
it says status needs follow up info,
then says consular section comments: please submit passport for visa issuance.
and that i have 30 days to do this.
Hopefully this means i have it thats what i took it as meaning. i sent it today so we will see soon. x
#823
Just Joined
Joined: Mar 2014
Posts: 10
Re: Nonimmigrant Visa Waiver of Ineligibility Application
HI,
I applied for a Waiver of Ineligibility for a b1/2 visa on 3rd Dec 2013 as I am permanently excluded for an offence of possesion of controlled substance in 1991 in San Diego as I was at the time a resident green card holder, unfortunately I was out of the USA for over 3 years so lost my status. My parents and siblings still live in San Diego, I am hoping to go visit them late summer, providing waiver and visa are granted.
Anyway my question is, has anyone had problems with entering other countries with this visa with waiver annotation in their passport, as I travel the world frequently I am quite concerened that it may be a problem, I am already booked to go to Dubai and Tokyo later in the year, generally I have not had a problem anywhere else except USA.
I applied for a Waiver of Ineligibility for a b1/2 visa on 3rd Dec 2013 as I am permanently excluded for an offence of possesion of controlled substance in 1991 in San Diego as I was at the time a resident green card holder, unfortunately I was out of the USA for over 3 years so lost my status. My parents and siblings still live in San Diego, I am hoping to go visit them late summer, providing waiver and visa are granted.
Anyway my question is, has anyone had problems with entering other countries with this visa with waiver annotation in their passport, as I travel the world frequently I am quite concerened that it may be a problem, I am already booked to go to Dubai and Tokyo later in the year, generally I have not had a problem anywhere else except USA.
#824
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Nonimmigrant Visa Waiver of Ineligibility Application
Ian