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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Mar 13th 2014, 2:18 am
  #811  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
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 did have a case involved but I was only 11 when we left as a family and we had a lawyer dealing with everything.

Many of us live in the US without being Citizens.

Your story makes no sense.
I'm sure your right, but I believe a mistake has been made, regardless it is what it is...
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Old Mar 13th 2014, 2:54 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
The 7 year trip did have a case involved but I was only 11 when we left as a family and we had a lawyer dealing with everything.
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
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Old Mar 13th 2014, 3:30 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
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
I agree, all you have to do is ask.
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Old Mar 13th 2014, 4:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
The 7 year trip did have a case involved but I was only 11 when we left as a family and we had a lawyer dealing with everything.

I'm sure your right, but I believe a mistake has been made, regardless it is what it is...
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?
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Old Mar 13th 2014, 5:58 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Pulaski
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?
We've openly discussed everything and there isn't anything that is of a worry. Work, eduction everything was normal.

I guess it is what it is and I will wait for my answer though email.

I Will keep everyone updated.

Thanks.
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Old Mar 13th 2014, 8:28 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

So what Visa were you on?
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Old Mar 13th 2014, 10:36 am
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Default 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.

Last edited by crg; Mar 13th 2014 at 10:39 am.
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Old Mar 13th 2014, 11:19 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by crg
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.

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.
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Old Mar 13th 2014, 11:36 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kaz1234
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.
ICE Fugitive Ops likely had your case left to close. They check periodically on open cases. Perhaps they saw that you departed in 2004 and assumed the 10 years should start upon that departure because they didn't know about the prior departure. In reality, the clock on the 10 years should have started running when you departed from the 7 year trip and been expired by now.

I doubt that you even need that waiver you're waiting for.
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Old Mar 14th 2014, 3:31 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

hi, i got my email today to say send off passport, it took 24 weeks and 2 days. So finally i can start to look forward to my holiday.
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Old Mar 14th 2014, 8:57 am
  #821  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Leanne12
hi, i got my email today to say send off passport, it took 24 weeks and 2 days. So finally i can start to look forward to my holiday.
Awwww excellent, really happy for you Leanne, On with the planning

Just a quick question, roughly how was the email worded? Sorry if it sounds a really stupid question.

Mark.
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Old Mar 14th 2014, 9:07 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ireallywannago
Awwww excellent, really happy for you Leanne, On with the planning

Just a quick question, roughly how was the email worded? Sorry if it sounds a really stupid question.

Mark.
hi, mark, thankyou.
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
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Old Mar 14th 2014, 8:37 pm
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Default 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.
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Old Mar 15th 2014, 3:34 am
  #824  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by keyman48
Anyway my question is, has anyone had problems with entering other countries with this visa with waiver annotation in their passport...
AFAIK, other countries have no interest in any US visa/waiver in your passport. They might, independently, have a concern with respect to your drug conviction... but that's a separate issue from having the US visa/waiver in your passport.

Ian
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Old Mar 15th 2014, 7:12 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Is the Us the only country interested in drug convictions?
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