British Expats - Nonimmigrant Visa Waiver of Ineligibility Application

British Expats (https://britishexpats.com/forum/)

- US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)

- - Nonimmigrant Visa Waiver of Ineligibility Application (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/nonimmigrant-visa-waiver-ineligibility-application-713051/)

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by James06 (Post 11244658)

Congratulations skishlee :thumbsup:

I am also from Australia and had my interview at Sydney. I see they kept your passport so now I'm confused as mine wasn't asked for.

Does anyone know the relevance of the embassy keeping hold of your passport whilst the waiver application is pending? Why would they keep some and not others?

I think you can chose to leave your passport with them at the time of interview so that they can add the visa and send it back to you as soon as it's issued. Not sure why they didn't ask you to leave it but it shouldn't matter too much you will just have to send it to them or drop it in their drop box once you have approval. You should get an emailing instructing you on what to do

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Leaving the passport behind was a choice, he could have asked to take it with him. It has no real relevance. He went to Melbourne so it could just be the way they operate.

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by linsay (Post 11244727)

Anyway I am so pleased for you now you can plan to book your holiday.
Hi Mark so you're picking your visa up on 6th it will have a expiry date on it when you receive it so let me know how long you get :) ours has been received at the consulate so just waiting for our email...again!!
Just booked discovery cove :) very happy
Linsay X

Hi linsay, yes when I first went through the process of the visa, I was under the impression that I had to pick the depot that was close to me otherwise I would have to go to london again, just to pick up the passport lol. So now I have to go to Bridgend, I've looked on google maps at the address that's listed for the pick up/drop off depot so I know where to go. Hopefully! Lol ill let you know as soon I find out how long I get. When is your holiday Linday or haven't you booked yet?

I really want to book all the thing like, tickets, discovery cove, but I want to have the visa in my hand before I do anything, I know the passport has been sent back with the visa in it, but I can't settle until I get it in my hand.

Mark.

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi Mark
We booked our holiday last September! I was prepared to risk it or exchange it to another, if we were to book exactly the same holiday now it would be Â£2300 MORE! than we have paid! and after all the hassle of going for the visa I wanted to make sure we got a good deal :) we have booked discovery cove and next week get our tickets for the parks! then we're sorted :)
My husband has to collect his passport from Leeds as that was the closest to us and we're from Sheffield! but hey ho as long as he gets it!
Do you know where your going to stay? bet you can't wait to book :)
Linsay

Re: Nonimmigrant Visa Waiver of Ineligibility Application

This thread stretches back over 3 years. Perhaps it's time to close it (or segment it from 1/1/14) so that old information doesn't get commingled with the current, more relevant information.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by BigFattony (Post 11211288)

Hi.

Looking for some advice please.

I've recently won a competition prize which is a trip to the US, in September.
Naively, I thought that there would be no problem obtaining a visa, as my conviction for possession of cannabis in 1977, when I was 18(small amount, one joint being passed round at barbecue, no further convictions) was spent.
Obviously,after doing the research, I now realise the precariousness of my situation and have sent off for my record sheet. I see that I will almost certainly have to apply for a visa ineligibility waiver after attending an interview in London.

a) Am I wasting my time trying to do all this before our September departure?

b) Will I have to leave my passport with the US embassy while they make their decision, as I have other travel plans in July?

c) Is there anything that I can do to facilitate the processing of my application, either before or after the interview, such as having a drug test, providing good character references, etc?

Many Thanks.

Just to update.

Have received my ACRO certificate(which came back with NO LIVE TRACE) and filled in my visa application. My interview is scheduled for June 16th so if I don't get the Visa, it looks pretty bleak to get a waiver of ineligibility by September. Fingers crossed!

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by rinnie79 (Post 11243175)

My husband was told at his interview that he would need a waiver due to committing a crime involving moral turpitude. The consulate officer applied for the waiver for him at the interview and he came home with a blue form that explained that they couldn't issue the visa and that it need further administrative processing / waiver of ineligibility. He was advised that it could take up to 2 months.

What he was told would happen is irrelevant. The only important thing is what did happen. And luckily for him, it seems to have worked out for the best. Well done!

Quote:

Originally Posted by hungryhorace (Post 11243400)

How do you know no waiver is annoted on the visa?

Because the United States does not issue ten year multple entry visas to applicants that require waivers of ineligibility. The maximum validity that can be applied in such cases is 60 months multiple entries.

http://www.state.gov/documents/organization/87150.pdf

From 9 FAM 40.301 N8 WAIVER VALIDITY: "If an alien meets the criteria for a waiver as set forth above, you may recommend a waiver valid for multiple applications for admission for a period of more than one year, but not to exceed five years. Generally, CBP/ARO does not grant more than a 12 month, multiple entry waiver to first and second time waiver recipients. The maximum waiver validity that ARO can grant is 60 months, multiple entries. [Exception: The maximum waiver validity that ARO can grant for a C1/D visa is 24 months.]"

Quote:

Originally Posted by skishlee (Post 11243458)

I am pretty sure that the waiver is noted on the visa from what I have read. I don't believe that they have the discretion to 'change their minds' in regard to visa eligibility given that they are bound by law. The only thing they can decide is whether or not to recommend a waiver if one is required. I think it's more likely that the consulate officer got it wrong and realised (or was told) that the waiver wasn't required after your husband left

The waiver queue is a worldwide queue so I while I can appreciate that everyone has different timeframes, 10 days seems way too quick when the average wait is 5 months.

I agree with this. The case of Rinnie 79's husband probably never even made it to the Admissibility Review Office, it was likely picked up by the conoff's supervisor and the decision was changed at the consulate.

Quote:

Originally Posted by ian-mstm (Post 11243774)

The visa will have an expiry date - so you will know exactly how long it is valid for. Also, there will be an "M" or "S" notation referring to the number of entries allowed: "M" for multiple, "S" for single. You may not know any of this information until you actually get the visa.

Not doubting the veracity of your information Ian, but when I was issued with a single entry B2 visa the document was marked with a "1" in the number of entries field, rather than an "S".

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Just picked up my passport, after about 35 minutes trying to find the place, not on the street it's listed as. This is what is has on it,

Under entries it has M
issue date is 02MAY2014
Expiration date is 29APR2015
Annotation it has
212(SMALL D)(3)(A) WAIVER OF 212(A)(2)(A)(1) GRANTED

As long as I have 1 entry for my holiday I don't mind

Travel home now I get ready for work. Then tomorrow on with the planning.

Mark

Re: Nonimmigrant Visa Waiver of Ineligibility Application

what does all that mean? can anyone explain? i'll put mine up when I get my passport back

looks like you have multiple entries???

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by EmmaW1 (Post 11247955)

what does all that mean? can anyone explain? i'll put mine up when I get my passport back

looks like you have multiple entries???

It means the visa is valid for 12 months multiple entries and includes a waiver of inadmissibility for crimes involving moral turpitude.

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by EmmaW1 (Post 11247955)

what does all that mean? can anyone explain? i'll put mine up when I get my passport back

looks like you have multiple entries???

I know, didn't have anything to explain what them annotations mean, and what the M means under entries, but I'm assuming that means multiple, and perhaps the annotations are for the immigration people? But they did give back my original ACPO report with my passport.

Mark.

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by ireallywannago (Post 11248035)

Correct.

"M" in the number of entries field does indeed mean multiple, ie. multiple entries. The numbers in the waiver annotation refer to the sections of the United States Immigration and Nationality Act that are applicable to your case.

Re: Nonimmigrant Visa Waiver of Ineligibility Application

Quote:

Originally Posted by materialcontroller (Post 11247793)

... when I was issued with a single entry B2 visa the document was marked with a "1" in the number of entries field, rather than an "S".

My bad - you're correct... a "1" rather than "S" for single entry. :)

Ian