Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

35 weeks done excatly still showing in admin

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Good morning.

I am currently in NYC on a B2 visa, which expires in December 2016.

I've just completed and paid for a new DS160 application.

Aware of how long the process is currently :-

Can anyone please clarify if I can go to London and attend interview for a new (or the next) B2 visa which will require waiver interview and then return to the USA on the current one I already have?!

I have seen a couple of comments my current visa may be cancelled at interview ? Is this true!?

This would be catastrophic as I would be coming over a weekend and leaving our babies with my fiancé for the weekend.

Thank you as always for any advice given.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hello all

Just thought I'd share my experience with you so far.

I have a minor possession of cannabis conviction from 2007. I attended my interview in Auckland on the 27th of October, 2015, and was told I would be recommended for a waiver. This morning I received an email requesting my passport. 22 weeks and four days to this point (five and a bit months) and I expect it will be a few weeks before I receive my passport back. I will post the duration of the visa and whether it is single or multiple entries when I receive it.

Absolutely over the moon as I was preparing myself for at least an eight month wait.

Thank you to everyone who has posted their experiences and advice, it has been of great assistance to me in getting my head around this whole process.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Assuming no other issues, you shouldn't have a problem doing this.


This is always the risk you take.


You also run the risk of the CBP officer not letting you enter the US if he believes you're trying to live in the US without an appropriate visa (which, honestly, is what it sounds like you're trying to do)... and that, also, is the risk you take.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Only thing I can think of is the SO is on a work visa and decided not to go the obvious route.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for sharing and good to hear someone who made it relative quicker than what's anticipated :) what kind of visa did you apply for? Good luck.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hey peterdk

Sorry I should've mentioned, I'm applying for a B2 visa

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

There has been no changes in circumstance since my last application.

Would this be dependant on the officer at the interview then?! When paying for my DS160 application, in the set of questions that come up, it asks if this is a renewal visa, followed by asking if you will be travelling from another country for interview. Both is which I answered yes. I don't recall this question from last year but that said last year the visa expired before applying for a new one, so the answered would not have been yes.

I can understand how my last sentence came across in this manner, however, there is no intent to live in the USA. My partners company fully sponsors my trip and is clearly stated in all sponsorship communicating of our intent to leave and return 'home' after the temporary work assigmnment period of my partner.

My classification of B2 visa is appropriate for my needs of accompanying my non immigrant long term e1 partner as a cohabiting partner. There is no intent to work and this is considered travel for pleasure when the primary purpose for the partner is purely to accompany the principal alien.

I hope now that when mentioning leaving my partner and babies for the weekend, this makes more sense. I can travel and return immediately vIt is purely logistical time wise for me to travel to attend interview for a new B2 visa alone than for all four of us together.

However, my reason for question was that if this was the case my current visa would be cancelled. I am trying to clarify if I would have time to return the same day on that visa before it was cancelled to be there on my I94 or if I would have to plan to take the babies and wait outside for the processing time so I can then again join my partner. He would not be able to manage his work assignment and the twins should I have my visa cancelled at interview and I was stuck.

Thanks as always for your reply.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Ok, so here's my problem, I attended my interview October 20th for 'Waiver of inadmissability', I was recomended & advised the same as others that the wait is appx 6 months.
I fly to Antigua on holiday on May 18th for two weeks (the waiver is not required for this trip) this is 2 days prior to my 6 month 'ready' date (I fully understand that it could take longer but could also be a little less on reading some of the recent posts)
Now, supposing my email arrives on or around the 4th May - I've heard it can take 10-14 days for passport turnaround with courier - I'm not sure I want to take that chance so close to flying in-case there's a problem - supposing it doesn't get back by the 18th May?
But, if I don't send it then I'll really struggle to meet the 30 day deadline??
I just called the passport office to see if I could get a 2nd passport to resolve this issue sooner rather than later & they have advised I cannot as I do not meet the criteria:
1) You are a business traveller who needs to visit countries that are in conflict or incompatibility with each other, e.g. Israel and Iran/Lebanon/Syria/Iraq etc.
OR
2)You are a very frequent business traveller and need to get a new visa issued in an embassy which might hold your passport for a long time, which would impede your travel otherwise.

Any tips or advice much appreciated?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Perhaps not... but the visa rules have changed since you last applied.


Yes. The officer makes the decision of: 1) approving the visa without the need for a waiver; 2) denying the visa and recommending the waiver; 3) denying the visa and taking no further action; or 4) denying the visa and cancelling your current visa. All decisions are at his sole discretion, because there is no entitlement to a visa.


Ah, you’re a cohabiting partner – you might have mentioned that up front. Still the risks are the same.


If your visa is cancelled at the interview, it is cancelled immediately. You wouldn’t even be able to get on a plane! It’s not likely that that’s going to happen, but the risk is always there.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

You seem to be fully aware of your options... I'm not sure anyone here can help. Since there's nothing you can do until you hear from US immigration anyway, I suggest you wait until closer to the actual date of travel to make any decisions.

My guess - you're not even going to get the notice until after you return from Antigua.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thank you Ian, it was good to run my situation by someone else to make sure I wasn't missing something obvious that I could do to help myself.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Long time lurker, first time poster but this forum has been so helpful from the other threads, wanted to share my timeline:

I applied for a B1/B2 visa as am not eligible under ESTA travel due to a police caution issued 9 years ago.

Interview was done at the Belfast Consulate on the 8th October 2015 and I received a letter (no e-mail!) yesterday asking for my passport. So 26 weeks or there abouts.

The letter says I have been approved for a 5 year waiver which I am over the moon about as this is my first application for a waiver! Obviously not booking any tickets yet until the visa is firmly ensconced within my passport but wanted to share.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Great news, thanks for sharing 👍

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Like so many before ,have been monitoring for a while ,first time poster so just wanted to throw a little ray of hope down , went for my interview on 2nd November 2015 and as we all know , was a bit of a ball ache ,,waiting and waiting etc ,handed my passport and police certificate over ,which was as long as your arm due to me being a total @@@@ in my younger years ,thinking ive got no chance here . ( no prison time though ) i hasten to add . You come out thinking ,,that was a waste of 100 notes ! . I received an email on april 6th to send my passport for visa issuance ,?? .... 22 weeks and 2 days , so anyone out there losing patience or faith in the process just bear with it :)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

36 weeks done.still in admin

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Just a quick update.

Flew to Boston on Tuesday 5th April just gone for a second visit on my existing visa. The first visit last August was quick and easy with just 10 mins in secondary, this time the primary hall was packed and secondary was jam packed. Had to wait nearly 2 hours before I was interviewed but again only a couple of questions and a few minutes later out of secondary. The Border Protection Officer was friendly calling me by my first name throughout and apologised for the delay. He advised me my existing Visa expires in June to which I replied I had already attended an interview in London last November so was expecting a new Visa in the next few months.
So guys, expect secondary to take from minutes to hours and you are not allowed to use your phone while in secondary so if anyone is waiting for you they could get worried.

New York

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

OK so here it is. . . my timeline and it still ongoing

5th June 2015 - Attended interview in London, advised that I would be recommended for a waiver of ineligibility but didn't have by Police certificates with me.

30th June 2015 - Email received from Embassy saying that they had received my Police Certificate

08th July 2015 - Visa status shows as "Refused"

13th July 2015 - Email received from Embassy "Confirmation decision to recommend to grant a waiver of your ineligibility with an average waiting time of 6 months"

No further confirmation/emails since the 13th July 2015. Believe me I have checked my "junk" emails on a daily basis also. . .

Questions

1) Is there anybody else out there with a similar timeline to mine. Im trying to convince myself I haven't been lost in the system. . . .

2) My understanding is that my status will continue to show "Refused" as it was not granted ie refused with my first contact at the embassy. However concerns have been raised when other posters have stated that their status is showing "Processing"

Any help/comments to give me a decent night sleep please. . . .

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Brynteg996,

I can't add too much to that other than to say my application still says "Refused" as well, even though I was recommended for a waiver of ineligibility. However I only attended the London embassy on the 17th of November so wouldn't expect anything otherwise yet.

But I believe I read here recently that the status of applications is not being updated during the process, so it is normal to still show "Refused" up until the point a visa is issued. Others will no doubt be better placed to confirm that.

Cheers,

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

i have been waiting for end of july and this is my second waiver too.so dont feel too bad abt it

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

This is normal. It'll show "refused" until the day your waiver is approved... and then it'll change to "processing" or "approved"... or it might not! It's not an exact science! :)


They lied. The average is a lot closer to 8 months than 6 months... and 10 months isn't unheard of. It's one reason why people should not put any faith in someone else's timeline.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for sharing Ian, interview 20th Oct, no news yet.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks for the info Newyork, if I'm lucky to get my waiver I will be sure to let my travel companion know about my possible delays.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Hi Guys

I have read through a large amount of the thread however can never seem to find a similarity to my own issue on any other thread.:

if your interested get a cup of tea sit down and get ready for a lengthy post.

I have traveled to the US a couple of times having always used an esta as I have always had a clean record in the UK not even a speeding point.

So you would think... why is this guy posting his gonna be fine. not so...
As my user name suggests I messed up..

I visited the US for my Stag..... (Always was going to be messy and in hindsight.. would have gone somewhere quite like ... Somerset...) Vegas to be exact, and let me tell you what happens in Vegas does not stay in Vegas..

Cutting a long story short this all happened just over 4 years ago, Myself and fellow party were at a venue where we had a table, lots of people were around (which annoyed me as all the drinks are just on the table open)

any how we all ended up getting spiked....

I know sounds like the hangover ... (this guy just got messed up and blaming it on being spiked... I would be saying the same... but unfortunately it happened, either way doesn't help the outcome)

Anyway we all were separated and ended up in different places. I (somehow) made it back to my hotel on my own however the lovely doormen thought I was over the limit and did not understand (in my state) I was staying at this hotel and needed to get to my room, so they kindly helped me into a taxi.. who subsequently pulled over after just pulling off and asked me for money. It ended with us in an altercation and the police followed.

The wonderful CCPD (Clark county police: Unfortunately not central city to any comic book fans...) wrote an account suggesting I was very polite and charged me with a misdemeanor battery.

I was given a court date and bailed out.

OK (not one to bury my head in the sand) when I returned home was the start of 2 years of court action as the DA had decided that I should be charged with felony battery of a protected person and Felony Grand theft Auto. I therefore appointed solicitors in Vegas to deal with this for me who informed me that in the US the DA office will always set the charges high so you will negotiate down, which is why 85% cases never go to trial.

We negotiated down over 2 years to battery misdemeanor x 2 and Petite larceny misdemeanor x 2 (the DA wanted the fine from each twice within the negotiation which is why I had to sign a document agreeing the charges were erroneous.... Vegas!)

I had to be good for a year and complete an anger management course,,,
I am one of the calmest people I know, so that was quite funny.
Anyway I completed all the parts and paid fines etc.. Again to re clarify I have never had even speeding fine in the UK so feel this was all a little harsh, and for anyone who is interested both myself the driver and the car were totally fine, no injuries to anyone or anything.

So getting to my question, is there any point in me attempting to get a travel visa or a visa of Ineligibility or will they just laugh at me..

Would like to take kids Disney and Universal and wouldn't mind visiting New York with the Wife.. Think ill pass on Vegas again...

Thanks for bearing with me,,, ... Have a nice day.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

When did you agree the deal?

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Apply for a new ESTA. Declare the arrest and see what happens. If ESTA is approved, you're good to go! If not, then that's the time you apply for a visa.

Don't apply for a visa until after ESTA has been denied.


My wife and I are going in October!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Passport back from the consulate today! My timeline is as follows

Interview in Auckland on the 27th of October, 2015, for a B2 visa.
Received e-mail to send passport on the 1st of April
Sent passport to consulate on the 3rd of April
Received passport back today, the 14th of April - 11 days after sending it off to the consulate and 24 weeks and 2 days in total since my interview.

I have been granted multiple entries, and I have a question about the duration of my visa - do I determine the duration of my visa by simply looking at the expiration date? If so it would appear I have been granted a five year visa. Is that possible? After reading numerous posts here I was under the impression that as it was my first time applying I would be granted a visa valid for either six months or a year only.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Also, I am aware that the expiration date on my visa only indicates how long the visa is valid for and not necessarily how long I will be able to stay in the country for each trip - that will be determined by a CBP officer once I arrive there. I know this is very much a case by case basis, but does any one have any idea whether it would be likely I would be allowed to stay in the country for seven months on my first trip there? I am looking to arrive mid-May to visit my partner and she would love for me to stay for thanksgiving. I would try to avoid flying immediately after, as the time around thanksgiving is supposedly the busiest (and most expensive) time of the year for flights. This puts me in early December for a return, which is about 7 months. I kind of feel like this may be pushing it, particularly since it's my first trip and I'm only on a tourist visa. Is it necessary that I have proof of outward travel when I arrive in the states? If not, I may just book the one way flight, plead my case at the border and then work with whatever I'm granted.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Visiting or living, many more issues come to mind including US Tax.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes. Apparently the officer didn't think that drug possession was serious.


That's not likely to happen. It is more likely that you'll be allowed to remain for 6 months - but you'll get whatever the CBP officer gives you. If you overstay - you might never get another visa.


I don't believe it is, no.


I think you need to take a step back and fully understand what's just happened. You have been granted a waiver because you were originally found ineligible for a visa... and now you want to flaunt the privilege you have been accorded.

Do yourself a favor... don't be stupid on your first trip - go in mid-June and leave mid-December.

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Thanks Ian.

I can assure you I have absolutely no intention of overstaying or doing anything else that could potentially jeopardize any future travels there. I realize that I have been very lucky in this process so far.

I will look into it further but if it is not necessary to prove outward travel upon arrival then I will simply leave the return flight for now and work with whatever I'm granted.

Cheers

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

It was over two years ago

thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

[QUOTE=ian-mstm;11922135]Apply for a new ESTA. Declare the arrest and see what happens. If ESTA is approved, you're good to go! If not, then that's the time you apply for a visa.

Don't apply for a visa until after ESTA has been denied.



My wife and I are going in October!

thanks ian.

Is there any point in applying for an esta as from what I have read it falls under the category of moral turpitude..

Vegas is great just an unfortunate circumstance for myself, im sure you and the wife will have a great time.

thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Yes - because it'll only cost you $14 to find out... and you never know what the ESTA gods will say!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

OK Ian, believe it or not I have been approved by ESTA however am now a little worried that I would get turned away if I tried to enter, However i'm sure its detailed against my passport so they would be aware of everything. I'm cant now work out whether I just go or do I contact someone to double check .. I would hate to get over to the US and get turned away.


Sooo Good news yay but also a sense of confusion...

thanks

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

First, there's no way to double check. Second, getting turned away is the risk every traveler takes... including those who have visas! If you want to reduce stress to a minimum, fly out of (or through) Dublin or Shannon. On most flights to the US, you'll pre-clear US immigration before you're allowed to get on the plane. So, all else being equal, if you're allowed to get on the plane you can relax. There will be no US immigration when you land in the US. If you aren't allowed to get on the plane, you have a much shorter trip home!

Ian

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

37 weeks gone.still in admin and waiting for email.

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

is your case stuck in administrative processing? may I ask for how long? (the AP part)

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

I have been in admin since 27th july

Re: Nonimmigrant Visa Waiver of Ineligibility Application
 

Oh , that's not good , reason I ask is my friend as his stuck in admin since January (he should have been flying out with us this weekend!!)


do you happen to know (or have an idea at least) why yours is stuck in admin? when was your interview? did they approve your waiver?