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alejandreska

Tourist visa, waiver

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Hello everyone,

15 years ago, my dad was convicted for a minor crime, was in jail for 1 year and his visa got cancelled. He was banned to re-enter the US for 10 years, but was told at the time that he could re-apply for a visa 10 years from then. Now that I've been a resident for 2 years, he would like to come and visit.

Almost a year ago (Sept 9th), he applied for a B1/B2 visa and the US embassy approved his petition, but said he needed a waiver. The embassy processed everything and he was informed that they needed to wait for the approval of DHS to approve such waiver. They told him it would take 2-6 monthsfor a response, but almost a year has passed without an answer. He reached out to the US embassy a couple times but they said he could only wait and there was no way for them to get more info.

What suggestions do you have? Should he start the process all over again, or wait a few more months? Any ideas on how long this process really takes? Anything else we could do in the interim?

Thank you so much for your input!!!


I-751 August 2016 filer. 10-year Green card received on Aug 2017.

N-400 (Naturalization) July 2017 filer. Oath Ceremony: November 2nd 2017.

Details below.

 

NATURALIZATION (N-400):

Sent application to Lewisville, TX on 07/03/2017. Case received and check cashed on 07/11/2017. Biometrics: 08/03/2017. In Line for Interview: 09/05/2017. Interview scheduled: 09/18/17 (notice received 09/21/17). Interview date: 10/23/2017. Oath date: 11/02/2017. Passport received: 11/20/2017.

 

REMOVING OF CONDITIONS (I-751):

Vermont Service Center received package on Aug 18th 2016.

NOA 1 date: Aug 19th 2016 (received letter on Aug 24)

Biometrics date: Sept 23rd 2016

Approval Notice: Jul 24th 2017

Green Card Received: Aug 4th 2017

 

CR1 Visa / Green Card application (conditional residency):

USCIS:

-October 15, 2013- Sent I-130 (Priority Date: Oct 17 2013).

-October 25, 2013- NOA1 hard copy received (notice date: Oct 19, 2013). Processing at NBC.

-March 14, 2014- Transfer notice hard copy received (CSC).

-March 27, 2014- NOA2 hard copy received.

NVC:

-March 31, 2014- NVC received

-April 29, 2014- Case# and IIN assigned

-May 03, 2014- DS-261 submitted online.

-May 07, 2014- AOS bill invoiced and paid.

-May 12, 2014- Sent AOS package by DHL 

-May 12, 2014- IV bill invoiced and paid

-May 13, 2014- Sent IV package by DHL 

-May 14, 2014- DS-260 available and submitted.

-June 17, 2014- AOS documents accepted

-June 18, 2014- CASE COMPLETED! (No checklists!) 

-June 25, 2014- Interview scheduled!

 

US EMBASSY CARACAS:

-July 07, 2014- Medical appointment

-August 21, 2014- INTERVIEW -> Approved!

-August 29, 2014- Visa in Hand

-August 31, 2014- Port of Entry

-October 03, 2014- Green Card received (33 days after POE)

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If his ban has expired why does he need a waiver?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If his ban has expired why does he need a waiver?

He was deemed inadmissible 15 years ago, and was told that he could not apply for any visas/waivers for at least 10 years. When he applied for the b1/b2 visa at the embassy, the consular officer said he gave the OK but because of his conviction, he needed a waiver, which the embassy processed for him. He was not asked for any additional documentation, he was told that the US embassy sent the waiver application to DHS and that he needed to wait for their response. This was almost a year ago.

This is the info he told me. I just asked him to send me a copy of any letter/ written info he got at the embassy to provide more info if necessary.

Thanks!!

He needs to wait until his 10 year ban is up.

Yes, the ban is already up, he was convicted more than 15 years ago, so more than 10 years have passed.

He already had his interview at the embassy and passed. I'm asking about the next steps now.

Thank you!


I-751 August 2016 filer. 10-year Green card received on Aug 2017.

N-400 (Naturalization) July 2017 filer. Oath Ceremony: November 2nd 2017.

Details below.

 

NATURALIZATION (N-400):

Sent application to Lewisville, TX on 07/03/2017. Case received and check cashed on 07/11/2017. Biometrics: 08/03/2017. In Line for Interview: 09/05/2017. Interview scheduled: 09/18/17 (notice received 09/21/17). Interview date: 10/23/2017. Oath date: 11/02/2017. Passport received: 11/20/2017.

 

REMOVING OF CONDITIONS (I-751):

Vermont Service Center received package on Aug 18th 2016.

NOA 1 date: Aug 19th 2016 (received letter on Aug 24)

Biometrics date: Sept 23rd 2016

Approval Notice: Jul 24th 2017

Green Card Received: Aug 4th 2017

 

CR1 Visa / Green Card application (conditional residency):

USCIS:

-October 15, 2013- Sent I-130 (Priority Date: Oct 17 2013).

-October 25, 2013- NOA1 hard copy received (notice date: Oct 19, 2013). Processing at NBC.

-March 14, 2014- Transfer notice hard copy received (CSC).

-March 27, 2014- NOA2 hard copy received.

NVC:

-March 31, 2014- NVC received

-April 29, 2014- Case# and IIN assigned

-May 03, 2014- DS-261 submitted online.

-May 07, 2014- AOS bill invoiced and paid.

-May 12, 2014- Sent AOS package by DHL 

-May 12, 2014- IV bill invoiced and paid

-May 13, 2014- Sent IV package by DHL 

-May 14, 2014- DS-260 available and submitted.

-June 17, 2014- AOS documents accepted

-June 18, 2014- CASE COMPLETED! (No checklists!) 

-June 25, 2014- Interview scheduled!

 

US EMBASSY CARACAS:

-July 07, 2014- Medical appointment

-August 21, 2014- INTERVIEW -> Approved!

-August 29, 2014- Visa in Hand

-August 31, 2014- Port of Entry

-October 03, 2014- Green Card received (33 days after POE)

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D3 seem to take 8 months or so usually, he has a life time ban presumably due to his conviction.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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D3 seem to take 8 months or so usually, he has a life time ban presumably due to his conviction.

Thank you for your response. He was told at the embassy that his conviction was not severe enough to cause a life time ban, which is why the embassy started an internal administrative process and sent his info to DHS, which has the final say.

That's all we know. He just sent me the letter he received at the embassy. It says (translated from Spanish) "This office can't issue a visa because you are inelegible according to section 221 (g) from ____ . The visa cannot be issued until: [Then there are several options below, and the embassy marked the following one:] "The embassy has to complete an internal administrative processing. We will contact you as soon as the process is over. Please do not return to the embassy until we contact you"

That's all we got. He tried contacting the embassy several times in the past months but no response.

Thank you,


I-751 August 2016 filer. 10-year Green card received on Aug 2017.

N-400 (Naturalization) July 2017 filer. Oath Ceremony: November 2nd 2017.

Details below.

 

NATURALIZATION (N-400):

Sent application to Lewisville, TX on 07/03/2017. Case received and check cashed on 07/11/2017. Biometrics: 08/03/2017. In Line for Interview: 09/05/2017. Interview scheduled: 09/18/17 (notice received 09/21/17). Interview date: 10/23/2017. Oath date: 11/02/2017. Passport received: 11/20/2017.

 

REMOVING OF CONDITIONS (I-751):

Vermont Service Center received package on Aug 18th 2016.

NOA 1 date: Aug 19th 2016 (received letter on Aug 24)

Biometrics date: Sept 23rd 2016

Approval Notice: Jul 24th 2017

Green Card Received: Aug 4th 2017

 

CR1 Visa / Green Card application (conditional residency):

USCIS:

-October 15, 2013- Sent I-130 (Priority Date: Oct 17 2013).

-October 25, 2013- NOA1 hard copy received (notice date: Oct 19, 2013). Processing at NBC.

-March 14, 2014- Transfer notice hard copy received (CSC).

-March 27, 2014- NOA2 hard copy received.

NVC:

-March 31, 2014- NVC received

-April 29, 2014- Case# and IIN assigned

-May 03, 2014- DS-261 submitted online.

-May 07, 2014- AOS bill invoiced and paid.

-May 12, 2014- Sent AOS package by DHL 

-May 12, 2014- IV bill invoiced and paid

-May 13, 2014- Sent IV package by DHL 

-May 14, 2014- DS-260 available and submitted.

-June 17, 2014- AOS documents accepted

-June 18, 2014- CASE COMPLETED! (No checklists!) 

-June 25, 2014- Interview scheduled!

 

US EMBASSY CARACAS:

-July 07, 2014- Medical appointment

-August 21, 2014- INTERVIEW -> Approved!

-August 29, 2014- Visa in Hand

-August 31, 2014- Port of Entry

-October 03, 2014- Green Card received (33 days after POE)

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Sounds like he is some sort of black hole rather than waiting for a waiver approval.

His conviction made him inadmissible without a waiver, not time limit.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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