B1/B2 only valid for 1 year??

[NSMS0809 4]

Hi all,

 

My husband has something on his criminal record from 13 years ago and overstayed his ESTA by 18 days about 3 years ago so the IO submitted a waiver on his behalf which was granted. We have just received his passport back and the B1/B2 is only valid for 1 year? Is that correct? I thought they were valid for 10 years?

 

If it is correct - what is the renewal process? And will he have to do a waiver each time and only be granted a 1 year visa each time? I hope not.....

 

Thanks in advance.

[Boiler 45,311]

B2 validity period varies.

 

They are not renewed, youj ust apply again.

 

Was it single or multi entry?

[NSMS0809 4]

18 minutes ago, Boiler said:

B2 validity period varies.

 

They are not renewed, youj ust apply again.

 

Was it single or multi entry?

Multi entry - I see. So if he applied again in a year, would it be likely that he would get a longer validity? 

I’m also wondering if he would have to go through the waiver process every time

 

And do you know if he applies after it has expired or if he could do it earlier so that there isn’t a big gap of time between one expiring and receiving the other? 

[jan22 3,043]

If the waiver was required because of what's in hIs criminal record, a one-year B1/B2 is normal, especially for the first waiver.  After a few years and several visas which are properly used, a longer-term vIsa may eventually be issued -- that's up to DHS. 

 

Yes, you will need to file for a waiver with each visa application.  Technically, there is no renewal of a visa -- you will go through the same visa application process each time.  (BTW -- if he has an ineligibility based on his criminal record, I'm surprised he ever got an approved ESTA).

Edited July 11, 2022 by jan22

[Boiler 45,311]

Quite common for those with criminal histories to forget about them when applying for ESTA.

[Crazy Cat 41,601]

2 hours ago, NSMS0809 said:

Hi all,

 

My husband has something on his criminal record from 13 years ago and overstayed his ESTA by 18 days about 3 years ago so the IO submitted a waiver on his behalf which was granted. We have just received his passport back and the B1/B2 is only valid for 1 year? Is that correct? I thought they were valid for 10 years?

 

If it is correct - what is the renewal process? And will he have to do a waiver each time and only be granted a 1 year visa each time? I hope not.....

 

Thanks in advance.

Normal for criminal history and an overstay.  I would advise him to avoid overstaying at all costs......His B-2 will be immediately voided and approval for a new one will be less likely. The US does not like overstays.

[SusieQQQ 11,586]

3 hours ago, NSMS0809 said:

Hi all,

 

My husband has something on his criminal record from 13 years ago and overstayed his ESTA by 18 days about 3 years ago so the IO submitted a waiver on his behalf which was granted. We have just received his passport back and the B1/B2 is only valid for 1 year? Is that correct? I thought they were valid for 10 years?

 

If it is correct - what is the renewal process? And will he have to do a waiver each time and only be granted a 1 year visa each time? I hope not.....

 

Thanks in advance.

Yes, sometimes they issue for less than the maximum.  Honestly, given his history you’re lucky he got one /he’s lucky he could apply for a waiver. If he consistently meets the conditions of the B they will likely issue him a ten year at some stage, but be prepared for at least one or two more one-year visas first. Also now that you know the situation he can ask the CO at the next interview what the likely path to getting a ten year visa will be.

[NSMS0809 4]

On 7/11/2022 at 12:50 PM, jan22 said:

If the waiver was required because of what's in hIs criminal record, a one-year B1/B2 is normal, especially for the first waiver.  After a few years and several visas which are properly used, a longer-term vIsa may eventually be issued -- that's up to DHS. 

 

Yes, you will need to file for a waiver with each visa application.  Technically, there is no renewal of a visa -- you will go through the same visa application process each time.  (BTW -- if he has an ineligibility based on his criminal record, I'm surprised he ever got an approved ESTA).

Yea so it was expunged from his UK record so he thought he could say “no” to the ESTA question about criminal history. He asked his (useless) solicitor who said he could. Anyways part of the waiver covered the misrepresentation I think.
 

this is all good to know. Thanks. Do you know if he can apply For the next one before this one runs out? Just thinking it took about 3 months in total so would be nice to apply a few months before expiry so there’s not a big time gap. 

Edited July 15, 2022 by NSMS0809

[NSMS0809 4]

On 7/11/2022 at 1:00 PM, Crazy Cat said:

Normal for criminal history and an overstay.  I would advise him to avoid overstaying at all costs......His B-2 will be immediately voided and approval for a new one will be less likely. The US does not like overstays.

Oh there will be NO overstaying. Haha he knows that will absolutely end his chances and the fact that my family and friends are there it would shatter me. So yes we will do normal 2-3 week trips. 

[NSMS0809 4]

On 7/11/2022 at 2:20 PM, SusieQQQ said:

Yes, sometimes they issue for less than the maximum.  Honestly, given his history you’re lucky he got one /he’s lucky he could apply for a waiver. If he consistently meets the conditions of the B they will likely issue him a ten year at some stage, but be prepared for at least one or two more one-year visas first. Also now that you know the situation he can ask the CO at the next interview what the likely path to getting a ten year visa will be.

Good idea! 

[SusieQQQ 11,586]

6 hours ago, NSMS0809 said:

Yea so it was expunged from his UK record so he thought he could say “no” to the ESTA question about criminal history. He asked his (useless) solicitor who said he could. Anyways part of the waiver covered the misrepresentation I think.
 

this is all good to know. Thanks. Do you know if he can apply For the next one before this one runs out? Just thinking it took about 3 months in total so would be nice to apply a few months before expiry so there’s not a big time gap. 

So now you know that UK solicitors don’t know anything about US immigration law. US law requires arrest and convictions to be declared even if expunged, vacated etc. bear this in mind if he ever decides to immigrate and the question comes up again on those forms. “Have you ever….” Means exactly that, regardless what happened after the event being asked about.
 

 

Edited July 15, 2022 by SusieQQQ

[NSMS0809 4]

28 minutes ago, SusieQQQ said:

So now you know that UK solicitors don’t know anything about US immigration law. US law requires arrest and convictions to be declared even if expunged, vacated etc. bear this in mind if he ever decides to immigrate and the question comes up again on those forms. “Have you ever….” Means exactly that, regardless what happened after the event being asked about.
 

 

Yup he knows that now. We are confident now in our understanding of how to navigate the visa process moving forward which is another positive to come out of this in addition to the visa itself! 🙂

[jan22 3,043]

8 hours ago, NSMS0809 said:

Yea so it was expunged from his UK record so he thought he could say “no” to the ESTA question about criminal history. He asked his (useless) solicitor who said he could. Anyways part of the waiver covered the misrepresentation I think.
 

this is all good to know. Thanks. Do you know if he can apply For the next one before this one runs out? Just thinking it took about 3 months in total so would be nice to apply a few months before expiry so there’s not a big time gap. 

If they did, in fact, enter a fraud and misrepresentation ineligibility along with the criminal ineligibility, I would expect that it will be quite a while before more than a one-year visa will be issued.  DHS will want to see a well-established pattern of proper visa usage before they approve a longer-term visa. 

 

For that same reason -- establishing a good visa-use pattern -- I would not apply too early for the next visa.  It might be interpreted as being so desperate to be able to get to the US that you can't even be without a visa for a month or two, so suggest applying no more than a month or so before this one expires.