Waiver of ineligibility - waiting period

[stanchez47 0]

Not sure if anyone can assist with my query.

I have a criminal record for theft charges back in 2009, something I am not proud of. Back in February 2014 I applied for a US Visa for a business trip in May 2014. I applied through the consulate in Melbourne on the 10th February and was approved within a couple of days. I was shocked how quick it was as I had been told it could take 5 months to be approved. Unfortunately the trip was cancelled and I did not use my visa.

This year I decided to do a trip to the US with my wife and inlaws and thinking that the process was relatively fast and that I had been approved for a visa previously it would be ok I lodged my application on the 25th of January 2016 with a planned departure date of 8th July 2016. At the interview I was told that I was declined but the consular office would request a waiver of ineligibility. I forgot to bring my court documents but got copies and emailed them on the same day to the consulate. What I didn't notice on the document the consular officer gave me was that they also wanted a copy of a police certificate. It was only when I emailed the consulate in March to follow up my application did they say they were waiting on the police certificate. I got it as quickly as I could and sent it off to them.

I know that Ive made a few mistakes along the way -

1. Having a criminal record

2. Thinking how quickly I got a waiver in 2014 would be the same in 2016

3. Not reading the sheet of paper the consular officer gave me

I'm now starting to get concerned that I may not get my visa in time to travel and maybe the only reason my first application was approved was because it was for business travel. I have emailed the consulate a few times to follow up but I've been told that it is being reviewed.

I'm not really sure what to do and if I should start considering cancelling my travel plans. There seems to be varying timeframes on how long an application takes to be processed. On https://travel.state.gov/ it says administrative processing takes approx. 60 days in most cases but then the emails I have received from the consulate say expect a 6-7 month wait.

Any thoughts feedback etc would be greatly appreciated.

[A'n'L 735]

You are Australian?

You also needed a waiver in 2014? And provided the same documents?

Anything else that has changed since? In terms of ties to your home country, family, housing situation, steady job? How long do you intend to stay in the US and for what purpose?

[stanchez47 0]

Yes I am Australian born and have lived here all my life.

I did need a waiver last time, the only difference is they took my passport at my interview . I supplied exactly the same paperwork.

My personal circumstances haven't changed - same address, same job, still married.

I'm only staying in the us for a month on a holiday driving from Portland to LA.

Yes I am Australian born and have lived here all my life.

I did need a waiver last time, the only difference is they took my passport at my interview . I supplied exactly the same paperwork.

My personal circumstances haven't changed - same address, same job, still married.

I'm only staying in the us for a month on a holiday driving from Portland to LA.

Yes I am Australian born and have lived here all my life.

I did need a waiver last time, the only difference is they took my passport at my interview . I supplied exactly the same paperwork.

My personal circumstances haven't changed - same address, same job, still married.

I'm only staying in the us for a month on a holiday driving from Portland to LA.

[Penguin_ie 5,996]

Could be that they are just busier this year than last time and yes, business travelers do tend to get preference in processing. Considering you were approved last time, I think you have a reasonable chance of getting approved this time. Let us know how it goes!

[Boiler 45,948]

Waivers have never taken just a few days.

Last one I saw a few days back was 24 weeks. That was considered quick.

Can only assume you were issued a visa without going through the process last time by mistake.

[stanchez47 0]

Boiler I'm not sure what happened last time but I had my appointment on the 10/2/14 and was advised the next day -

Your clearance from U.S. Customs and Border Protection's Admissibility Review Office (ARO) has abeen granted today, and we are now at the stage where we can progress with the issuance of your visa. Once your visa has been issued, we shall return your passport through TOLL. Delivery through TOLL approximately takes 2-3 business days.

I had my passport back within a few days.

I sent a follow up email to the consulate today and received this -

Unfortunately, the administrative processing is continuing and we have not been authorized to issue your visa at this stage. Your waiver was submitted in March and processing takes 5-6 months. Unfortunately, we do not expect to hear anything more about your case before the 5-6 month processing time. We have all the documents we require and there is nothing further to do at your end.

I was a bit surprised as I lodged my application in January. Either way I think I am screwed :-(

[stanchez47 0]

I also had a look at CEAC and it says this -

Application ID or Case Number: Case Creation Date: 25-Jan-2016 Status Updated Date: 25-Jan-2016

It shows as Refused. Should it at least say its in Administrative Processing...........

Edited April 22, 2016 by stanchez47

[Penguin_ie 5,996]

Refused I believe refers to the visa, which is refused and then you file the waiver.

[Boiler 45,948]

A visa is either approved or refused, I have no idea how the previous one was so quick.

September/October would be a reasonable estimate but normal advice applies do not make arrangements until visa is in hand.

[nkgeicher 8]

I know of a case where a visitor visa processing took 13 months of "Administrative Processing", but after 13 months, they issued a normal visa without any mention of waiver.

It was indicated to him that the "inadmissiblity entry in CBP records" had been corrected/removed.

So, if you believe there may be no inadmissiblity, then longer wait might mean it will get removed for ever.

Good Luck

[jan22 3,056]

Boiler I'm not sure what happened last time but I had my appointment on the 10/2/14 and was advised the next day -

. . .

I was a bit surprised as I lodged my application in January. Either way I think I am screwed :-(

FYI, they could not start the waiver process until they had all of the required/requested paperwork. I believe you said you didn't send the police certificate until March, so that's why your waiver process started in March. The process has changed since the time of your first waiver -- there may have been an in-country USCIS office that had authority to approve waivers at that time. They are now all processed by the same office, to make the process more equitable and standardized.

(I know that doesn't help you get the waiver any faster, but sometimes understanding the "why" of something helps.)

Edited: Just saw the original date on this post -- wouldn't have responded if I had seen it earlier. Hope you have received some good news or been able to change your travel plans.

Edited July 16, 2016 by jan22