VISA: waiver of ineligibility on your behalf

[qwerty_123]

Help!

I've applied for a visa and got the answer from the embassy saying:

"we submitted a waiver of ineligibility on your behalf to the Department.No?w you have to wait until the final decision which can take about one month to receive."

What does "waiver of ineligibility on your behalf" mean? And which Department?

That they are applying for a VISA "for me"?
That it maybe possible for me to use the Visa Waiver programe?

I was convicted for shoplifting in 1993 and 1995. I did get a fine but I now have a "clean record". When I were at the interview the lady sad that I maybe still could use the Visa Waiver programe. Is that this apporval that they are refering to when they write "waiver of ineligibility on your behalf"?

Thankful for help ASAP

[factor-fiction]

I read it that way

[ABerrant]

The Nonimmigrant Visa Application lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved.

The US Embassy have submitted the waiver to the US Department of State for their approval. If approved you will be issued a visa. If not approved, you will not be able to use VWP as you will be ineligible, having been refused a visa.

http://travel.state.g...es/types_1267.html#20

[Buenchico]

Sorry, but you do NOT have a 'clean record' in the eyes of the US authorities. The USA does not recognise the UK's Rehabilitation of Offenders Act and no offence ever becomes 'spent' under US law.

Theft is classed in US law as an 'offence of moral turpitude'. The US Immigration and Nationality Act states that anyone who has EVER been convicted of such an offence is permanently ineligible to enter the USA. So, in the first instance, the US Embassy must refuse you a visa. (They have no discretion. It's the law).

However US law also permits you to apply for a 'waiver of permanent ineligibility' to enter their country. So the US Embassy has firstly complied with their legal obligation not to grant you a visa but then, on your behalf, forwarded your visa application (as an application for a waiver of ineligibility) to Washington.

If the authorities in Washington grant the waiver, the US Embassy can then reconsider your application for a visa (as they'll no longer automatically be obliged to refuse the application).

I'm surprised that the letter you've received quotes a wait of around one month, as many people seem to have to wait far longer. (The longest wait I've seen reported here on AB was for a guy who had to wait 15 months before finding out that no waiver of ineligibility would be issued, so he couldn't get a visa. He had two convictions for driving without insurance).

Chris

PS: You ask "which Department". The answer to that is the Department of Homeland Security, in Washington.

[qwerty_123]

Tank you ABerrant!

"may apply for a waiver of ineligibility and be issued a visa if the waiver is approved"

Just so I understand you correct. If approved, I will recieve a VISA and not use the Visa Waiver Program (ESTA)?

[qwerty_123]

Buenchico, thank you!

I am just so confused with all the terms

Waiver of permanent ineligibility is as I understand it NOT the same as the Visa Waiver program?

And is Department of state the samt thing as Department of Homeland Security?

[qwerty_123]

And another question. Do they sent my passport to the Department and then back to the embassy in my country?

[Buenchico]

The US Department of State is their equivalent of our Foreign Office. The Department of Homeland Security was set up after 9/11 to deal with non-military security. It embraces several agencies, including U.S. Customs and Border Protection (who are the people who try to prevent 'undesirables' from entering their country).

The Visa Waiver Program is only for people for whom the requirement to hold a visa can be waived. Anyone who has been convicted of a criminal offence (except for some minor motoring matters) is automatically ineligible for it. Such people must seek a visa.

As explained above, US law says that anyone who has ever committed an offence involving moral turpitude is ineligible to enter the USA (and so can't be granted a visa). So if the US Embassy receives a visa request from someone who has committed an offence NOT involving moral turpitude (e.g. committing a serious assault) they have the discretion to make the decision without referral to Washington. But if they receive a visa request from someone who HAS committed an offence of moral turpitude (e.g. nicking a single sweet from the 'pick-&-mix') they can't grant a visa. They have to ask (on your behalf) if you can be granted a waiver of the normal rule which bars you from the USA. (That has nothing whatsoever to do with the Visa Waiver Program. You'd still need a visa, even if you get the waiver of ineligibility).

Chris

[Buenchico]

PS: To the best of my knowledge, your passport is held in London (and not sent to Washington).

[dzug2]

Your offences are long enough ago to make the granting of the waiver of ineligibility almost a formality (15 years) - that's probably why you've been told a fairly short period.

[qwerty_123]

Ok, thank you both for such good answers. Appreciate it a lot!

[supertone10]

new to this not sure how you ask questions....i have the same problem i was denied a visa but they said they were recommending me for a waiver if inelegibility......however whats the chances of getting it.....if its good i will put my holiday back but if its not i will change my holiday altogether....any thoughts people????????

[supertone10]

another question if granted the waiver is it permanent? or only for a limited time