B2 Cancelled?

[Daisy.Chain 317]

My sister-in-law came to visit from the Dominican Republic for one week in June 2015, then for four months November 2015 - March 2016. 

She hasn't been back since, but today when she applied for her 14 year old son to visit on B2 for one month this summer (while she stays in the DR working), they cancelled her visa and said she had stayed too long. I checked the I-94 - she left well within the 6 month time. I know they can cancel for any reason, even an undisclosed one, but why would they cancel her B2? What did we miss?

[Perfect two 💑 1,147]

1 minute ago, Daisy.Chain said:

My sister-in-law came to visit from the Dominican Republic for one week in June 2015, then for four months November 2015 - March 2016. 

She hasn't been back since, but today when she applied for her 14 year old son to visit on B2 for one month this summer (while she stays in the DR working), they cancelled her visa and said she had stayed too long. I checked the I-94 - she left well within the 6 month time. I know they can cancel for any reason, even an undisclosed one, but why would they cancel her B2? What did we miss?

During the second visit, when the POE officer asking how long she will stay, what is her answer? Is there any significant changing in her travel plan (for example she said to the POE officer she will stay a week, but she stayed 4 months). 

[Daisy.Chain 317]

I don't think so. She had a flight leaving in one month, and later changed it, but she told the POE officer at the time that her plans could change.

[az2014 381]

3 minutes ago, Daisy.Chain said:

I don't think so. She had a flight leaving in one month, and later changed it, but she told the POE officer at the time that her plans could change.

So what date was stamped in her passport?

[geowrian 22,335]

She may not have violated her status by overstaying, but they made a determination that she either was abusing her visa to live in the US by visiting too often/long, or determined that her intent may have changed.

Edit: Or worse case they determined or discovered that she made a misrepresentation to either the CO or CBP, although I would presume they would tell her if that's the case.

Edited April 3, 2018 by geowrian

[Unlockable 7,306]

I agree with others. A visitor visa is a privilege. And it can be taken away at any time. A person doesn't necessarily have to break the rules to have it taken away.

 

Like already said, they probably figured she was using it too much or gave wrong info in one of her visits.

 

You asked what did you miss, but you answered your own question. The visitor visas can be cancelled for any reason, big or small. 

 

I just want to add... my wife have family and friends from the DR that has B2's. Her brother owns a construction equipment company and her best friend is in marketing for one of the biggest radio stations in Santo Domingo. They both visit about once or twice a year. The longest I have heard of them staying on a visit is 3 weeks. It is highly unusual for a working adult from the DR to vacation for 4 months. I think that lengthy period or stay by your sister in law is what did it. 

 

It is a tough lesson to learn. Maybe she will be able to obtain another visitor visa in the future.

Edited April 3, 2018 by NuestraUnion

[SusieQQQ 11,584]

4 hours ago, Daisy.Chain said:

My sister-in-law came to visit from the Dominican Republic for one week in June 2015, then for four months November 2015 - March 2016. 

She hasn't been back since, but today when she applied for her 14 year old son to visit on B2 for one month this summer (while she stays in the DR working), they cancelled her visa and said she had stayed too long. I checked the I-94 - she left well within the 6 month time. I know they can cancel for any reason, even an undisclosed one, but why would they cancel her B2? What did we miss?

Was she admitted for 6 months? Sometimes admitted time is shorter.

[Boiler 43,436]

She came for 4 months and left a 12 year old behind?

[Daisy.Chain 317]

Just now, Boiler said:

She came for 4 months and left a 12 year old behind?

No. 2 years ago she came (and left on time). This summer her 14 year old applied to visit the U.S. traveling with his grandma. 

35 minutes ago, SusieQQQ said:

Was she admitted for 6 months? Sometimes admitted time is shorter.

6 mos.

[Daisy.Chain 317]

3 hours ago, NuestraUnion said:

I agree with others. A visitor visa is a privilege. And it can be taken away at any time. A person doesn't necessarily have to break the rules to have it taken away.

 

Like already said, they probably figured she was using it too much or gave wrong info in one of her visits.

 

You asked what did you miss, but you answered your own question. The visitor visas can be cancelled for any reason, big or small. 

 

I just want to add... my wife have family and friends from the DR that has B2's. Her brother owns a construction equipment company and her best friend is in marketing for one of the biggest radio stations in Santo Domingo. They both visit about once or twice a year. The longest I have heard of them staying on a visit is 3 weeks. It is highly unusual for a working adult from the DR to vacation for 4 months. I think that lengthy period or stay by your sister in law is what did it. 

 

It is a tough lesson to learn. Maybe she will be able to obtain another visitor visa in the future.

I thought a 2 year gap (and plans for several more years without visiting) would be enough to show that she is not living here. She got the visa when she was unemployed (which is how she was able to visit that long, though she went back on time) then got it taken away now that she has a steady job with regular income statements and no plans to visit.

 

Yeah, they said that there were no penalties, maybe she'll apply again in a few years.

[geowrian 22,335]

5 minutes ago, Daisy.Chain said:

I thought a 2 year gap (and plans for several more years without visiting) would be enough to show that she is not living here. She got the visa when she was unemployed (which is how she was able to visit that long, though she went back on time) then got it taken away now that she has a steady job with regular income statements and no plans to visit.

 

Yeah, they said that there were no penalties, maybe she'll apply again in a few years.

The only thing that jumps to my mind is maybe they think she met somebody in the US since she was there for 4 straight months, so she now wants her kid to come to AOS together? I have no idea if she's even single, but it's just one line of thought while we're speculating.

[WeGuyGal 1,052]

Obviously USemb saw something they didn't like about the previous visit, or maybe a flag got raised with son's appl. Very odd, but happens.

 

Couple years ago a guy from a MidEast country wrote about visiting on a B2. Later tried to get the same for wife and kid, but ended up getting his b2 cancelled instead. 

[SusieQQQ 11,584]

What was she doing for the 4 months she was there?

[ConOfficer 167]

They assume she was working in the U.S. And rightly so. A Dominican mother doesn't leave their child in the D.R. while they take a 4 month vacation in the U.S. 

[geowrian 22,335]

Ah, yes...that's certainly another (strong) possibility.

Edited April 3, 2018 by geowrian