TD visa with waiver annotation

[stargaze 0]

Hello all, I need some information regarding my Mary, my mom. She overstayed in the US under a visitors visa due to a hardship for a couple of months and ended up having a ban for 3 years. She is a Canadian citizen. All of her children are US citizens and my father has a TN visa he recently acquired. My moms process is that she applied for a TN visa at the embassy of Calgary and the y said they will send in a  waiver and it could take up 3 months, sometimes in longer. She is really worried as she is not accustomed to be far away from my father, Rick. For anybody that may have some general knowledge of this, I will ask. How long does the waiver usually take and what's her odds of being approved?

 

Please don't reply if your judgemental. She knows what she did was wrong and she's paying the price now. We hope we can get this cleared. I just need some general information. Thanks to all the positive responses. 

[aaron2020 11,651]

Sorry, your mother does not qualify to apply for an I-601 waiver for the 3 years bar.  

 

In order to be eligible fto apply or a waiver, she needs to have a USC or LPR spouse or parent.  She only has USC children and a TN spouse.  

 

Edited November 23, 2019 by aaron2020

[stargaze 0]

2 minutes ago, aaron2020 said:

Sorry, your mother does not qualify for an I-601 waiver for the 3 years bar.  

 

In order to be eligible for a waiver, she needs to have a USC or LPR spouse or parent.  She only has USC children and a TN spouse.  

 

That's not what the consular officer told them, otherwise He wouldn't personally have submitted the waiver. I don't think He submitted form I601. He just submitted a waiver I believe. I may be wrong. 

[aaron2020 11,651]

Google "waiver 3 years bar."

[Boiler 46,013]

I am not that current on D3 waivers, could be 3 months but 6 months might be more realistic.

 

Most are approved, the odd rejection.

[geowrian 22,338]

A qualifying relative is not required for an NIV waiver here. It is requested as the discretion of the CO. It sounds like she made it that far. It is then processed and either approved or denied. Timelines is usually arund 6 months last I saw - consider yourself lucky if it's less but I would say to expect that kind of timeframe. Approval chance? Hard to say. Wish for the best.

 

2 hours ago, stargaze said:

Please don't reply if your judgemental.

You're*

Anybody is free to respond per the TOS.

Edited November 23, 2019 by geowrian

[stargaze 0]

8 minutes ago, geowrian said:

A qualifying relative is not required for an NIV waiver here. It is requested as the discretion of the CO. It sounds like she made it that far. It is then processed and either approved or denied. Timelines is usually arund 6 months last I saw - consider yourself lucky if it's less but I would say to expect that kind of timeframe. Approval chance? Hard to say. Wish for the best.

 

You're*

Anybody is free to respond per the TOS.

I said "please". I didn't say they're not allowed to. 

[stargaze 0]

Just now, stargaze said:

I said "please". I didn't say they're not allowed to. 

The embassy said less than 3 months, sometimes longer. Does it depend on the embassy for timing?

[geowrian 22,338]

5 minutes ago, stargaze said:

The embassy said less than 3 months, sometimes longer. Does it depend on the embassy for timing?

The waiver is processed via USCIS (part of DHS), so it is not consulate specific (although how long it takes them to submit it and handle the response afterwards can vary).

https://www.federalregister.gov/documents/2019/05/06/2019-09185/visas-waiver-for-ineligible-nonimmigrants-under-section-212d3ai-of-the-immigration-and-nationality

Quote

Under the Immigration and Nationality Act (INA), a visa applicant found inadmissible is ineligible for a visa and for admission to the United States. The INA provides the Secretary of State and consular officers the authority to recommend that the U.S. Department of Homeland Security (DHS) approve a waiver, of most grounds of inadmissibility, that will allow the nonimmigrant visa applicant to be issued a visa and seek admission to the United States.

 

[stargaze 0]

The waiver was sent to administrative processing. The CO said to expect a email with the results or to send in more documents that may be required. How is this process different than form I601 and is the same process that you are referring to that takes up to 6 months? I would expect them to tell us the right time frame but they said 3 months and it clearly says on the paper of instructions or information that he handed to my mom. 

[jan22 3,058]

6 hours ago, stargaze said:

The waiver was sent to administrative processing. The CO said to expect a email with the results or to send in more documents that may be required. How is this process different than form I601 and is the same process that you are referring to that takes up to 6 months? I would expect them to tell us the right time frame but they said 3 months and it clearly says on the paper of instructions or information that he handed to my mom. 

You said in your first and one other post that the CO said it could take 3 months or sometimes longer, so I'm not sure why you are questioning about it maybe taking longer tHan 3 months.  Bottom line, not trying to be rude, but it will take as long as it takes, and nobody can tell you how long that will be.   The Consulate has no control over the timing of the processing -- it's in DHS' hands now.  Anything anyone tells you -- including the Consulate -- will be an educated guess, at best.

Edited November 23, 2019 by jan22

[geowrian 22,338]

9 hours ago, stargaze said:

The waiver was sent to administrative processing. The CO said to expect a email with the results or to send in more documents that may be required. How is this process different than form I601 and is the same process that you are referring to that takes up to 6 months? I would expect them to tell us the right time frame but they said 3 months and it clearly says on the paper of instructions or information that he handed to my mom. 

The waiver would be sent to DHS for consideration. AP is a result of not being able to make a final decision yet.

An I-601 is for an immigrant visa (IV). For that process, you need a qualifying relative with an "extreme hardship" that must be substantiated. That waiver is filed (with a near $1000 fee) after the interview by the individuals, not the CO.

It sounds weird, but the process for a non-immigrant visa (NIV) requires no extra fees or work on the applicant's part. The process for an IV requires the I-601 form and a large fee.

 

An I-601 is taking around a year or so. The NIV waiver (this falls under INA 212(d)(3) - see https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim) is taking closer to 6 months the last I heard. It could be 3 months, but that information could be outdated. You;'re dealing with 2 entirely separate departments of government - DHS and DOS - who are not always in sync on their timelines. It's like going to the DMV and them telling you how long it takes to get a new Social Security Card...they may require an SSN but they have no control on the SSA's activities or timelines.

Edited November 23, 2019 by geowrian

[HRQX 4,145]

20 hours ago, aaron2020 said:

In order to be eligible fto apply or a waiver, she needs...

See INA 212(d)(3):

Quote

(A) Except as provided in this subsection, an alien (i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

 

(B)(i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may determine in such Secretary's sole unreviewable discretion that subsection (a)(3)(B) shall not apply with respect to an alien within the scope of that subsection or that subsection (a)(3)(B)(vi)(III) shall not apply to a group within the scope of that subsection, except that no such waiver may be extended to an alien who is within the scope of subsection (a)(3)(B)(i)(II), no such waiver may be extended to an alien who is a member or representative of, has voluntarily and knowingly engaged in or endorsed or espoused or persuaded others to endorse or espouse or support terrorist activity on behalf of, or has voluntarily and knowingly received military-type training from a terrorist organization that is described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be extended to a group that has engaged terrorist activity against the United States or another democratic country or that has purposefully engaged in a pattern or practice of terrorist activity that is directed at civilians. Such a determination shall neither prejudice the ability of the United States Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review such a determination or revocation except in a proceeding for review of a final order of removal pursuant to section 1252 of this title, and review shall be limited to the extent provided in section 1252(a)(2)(D). The Secretary of State may not exercise the discretion provided in this clause with respect to an alien at any time during which the alien is the subject of pending removal proceedings under section 1229a of this title.

(ii) Not later than 90 days after the end of each fiscal year, the Secretary of State and the Secretary of Homeland Security shall each provide to the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the aliens to whom such Secretary has applied clause (i). Within one week of applying clause (i) to a group, the Secretary of State or the Secretary of Homeland Security shall provide a report to such Committees.