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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Sep 18th 2014, 10:56 pm
  #1366  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by James06
Hi 3rdWaiver,

From reading your posts I see you had a misrep but succeeded in getting a waiver. I was denied a waiver recently (for the same violation..misrep) and was curious to know how long after your ban did you apply for the waiver?

My attorney thinks I may have applied too soon (2 years) and is encouraging me to try again next year.

I'd be very interested in your experiences of the waiver process, if you don't mind sharing?

I'm in Australia too.

James
Hi James, I think you applied too soon. Here's my story.
- Misrepresentation was charged in 2000
- My first attempt to apply for US B-visa was in 2008 and was denied - no waiver recommendation. I did not use an immigration lawyer to help me prep my case.
- I tried again in late 2011 with the help of an immigration lawyer and was granted a multiple entry B-visa in early 2012 valid for 12 months.
- Before my first visa expired (on its 10th month), I applied again and was granted 3-year multiple entry B-visa. This visa is still valid to date.
- The 3rd waiver that I am currently waiting for is for an L-visa.

Hope this helps.

Last edited by 3rdWaiver; Sep 18th 2014 at 11:06 pm.
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Old Sep 21st 2014, 8:26 am
  #1367  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by 3rdWaiver
Hi James, I think you applied too soon. Here's my story.
- Misrepresentation was charged in 2000
- My first attempt to apply for US B-visa was in 2008 and was denied - no waiver recommendation. I did not use an immigration lawyer to help me prep my case.
- I tried again in late 2011 with the help of an immigration lawyer and was granted a multiple entry B-visa in early 2012 valid for 12 months.
- Before my first visa expired (on its 10th month), I applied again and was granted 3-year multiple entry B-visa. This visa is still valid to date.
- The 3rd waiver that I am currently waiting for is for an L-visa.

Hope this helps.


Hi, i also wait for L-Visa waiver, also 3rd one. The officer told me waiting time 30-45 days. Can this be true??
Cheers
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Old Sep 21st 2014, 9:26 am
  #1368  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kimster
The officer told me waiting time 30-45 days. Can this be true?
Can it be true? Yes. Will it be true for you? No one can say - but it's unlikely. Waivers are consistently taking 6 months at this point in time... and it's likely that the officer deliberately lied to you. He is allowed to lie with impunity.

Ian
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Old Sep 21st 2014, 7:29 pm
  #1369  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Can it be true? Yes. Will it be true for you? No one can say - but it's unlikely. Waivers are consistently taking 6 months at this point in time... and it's likely that the officer deliberately lied to you. He is allowed to lie with impunity.

Ian
Why should the officer lief to me? He saw that for the last waiver i have waited
6 months an was very surprised, told me its really weird that took such long time. I am really confused

@3rdWaiver... How long do you already wait?

Kimster
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Old Sep 21st 2014, 7:47 pm
  #1370  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

It will be 6 months. Unfortunately there is no priority or queue jumping for 2nd or subsequent applications despite them apparently being open and shut cases even though there should be. If everyone else is taking 6 months so will yours I'm affraid.
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Old Sep 21st 2014, 10:48 pm
  #1371  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

First waiver took 7 months
Second waiver took 4 months
Third waiver - patiently waiting and keeping my fingers crossed for 3 months now (sorry I don't count to the weeks)
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Old Sep 22nd 2014, 12:37 am
  #1372  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Kimster
Why should the officer lie to me?
Why? Here's a list of reasons... choose one or more. He lied because he has no real idea that it's taking 6 months to process waivers. He lied because he works in an isolated environment that is removed from the waiver process. He lied because he's emotionally unstable and doesn't want you to be angry with him when he tells you it'll take 6 months to process. He lied because it makes no difference to him whatsoever that it will take a long time to process. He lied because he can.

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Old Sep 24th 2014, 9:03 am
  #1373  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

I am an Indian citizen and currently in India. i entered United States on F1 visa in
Jan 2007 and completed her Master's in Jan 2009. Completed the OPT period on Sep 2011. I
voluntarily came back to India after 2 years of overstay (10/09/2013) and was not deported. i
got married on 12/04/ 2013. As He(Husband) had a valid H1-b visa, i attended the H4 visa interview
and the visa officer has given her a refusal notice saying that i needs to apply for the waiver.
But the Visa Officer didn't apply for the visa waiver and recommended me to apply for one.We have hired an immigration attorney to address this issue and guide us in the right direction. They have prepared documentation as the waiver request should be submitted by the consulate to the ARO, which in my case didn't happen. Attorney and my wife submitted the documentation to the Dept.of State and consulate respectively. After that the consulate responded – “We would like to let you know that the below mentioned applicant’s case has not been advised for a waiver, yet as per your request we have sent the waiver request to the office at Washington DC.”
When our Attorney has requested the consulate about the status, then they reply back like – “The AdvisoryOpinion process has already been completed and that the Department has concurred with not supporting a waiver at this time.”
After this the attorney suggested that i don't need a waiver because i was never notified by the proper authorities that she was out of status, as i came on F1 with Duration of status (I94). So we(attorny) will be contacting the Department of State via their LegalNet.
The LegalNet team has reverted back saying that the DHS has made the decision on her inadmissibility into United States and not DOS. So they have asked to contact the DHS. So our attorney has prepared the required documentation and submitted it to the DHS Trip. DOS reverted back with letter as they can’t take any decision regarding this case and suggested to attend the visa interview.

1.) i don't know why i got the letter from DOS? and still DHS trip status shows inprocess in online
2.) if i attended the H4 visa again, it ''ll any +ve results?
3.) i don't know who is exactly addressed my issue?

please give me suggestions .

thanx in advance
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Old Sep 24th 2014, 11:16 am
  #1374  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ssds
1.) i don't know why i got the letter from DOS? and still DHS trip status shows inprocess in online
2.) if i attended the H4 visa again, it ''ll any +ve results?
3.) i don't know who is exactly addressed my issue?

please give me suggestions .
You have a complicated scenario, and you have an immigration attorney helping you. We aren't lawyers, so I'm not sure how anyone here can help you.

Ian
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Old Sep 25th 2014, 12:27 am
  #1375  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
You have a complicated scenario, and you have an immigration attorney helping you. We aren't lawyers, so I'm not sure how anyone here can help you.

Ian
212 d3 waiver process is different in each country?
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Old Sep 25th 2014, 3:28 am
  #1376  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ssds
212 d3 waiver process is different in each country?
The law is the same.

Ian
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Old Sep 25th 2014, 3:38 am
  #1377  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
The law is the same.

Ian
so processing time is different?
as per my understand all 212 d3 waiver recommendations from all our home us consulates to ARO(washington,DC) then they 'll reviewed and they send to approval notice back to our home us consulates they'll call us for u r pp.

correct me if iam wrong.
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Old Sep 25th 2014, 3:41 am
  #1378  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

If you know why are you posting on here ?
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Old Sep 25th 2014, 3:46 am
  #1379  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by bogsdabird
If you know why are you posting on here ?
sorry if my post is hurt u ,
i just checking what i understood is correct or wrong.
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Old Sep 25th 2014, 3:49 am
  #1380  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

You have not hurt me but Ian has already told you, you have a lawyer and nobody on here can help you. It's not a legal discussion page
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