214 (B)

[Lilikoi 0]

I went through this whole immigration process 18 Month ago . Now my daughter, she is 29 years old ,likes to visit me here in the US and went to Frankfurt for the visa interview. We both were deported in January 2007 , she had an overstay from 4 month and I had to file the I-601 and I-212. My daughter was told by the deportation , that she cannot come back for 3 Years. The time is over in January 2010. At the interview in Frankfuert, they did not asked her for any paperwork, only the visa application and the officer ask some questions regarding the deportation. He told her ,that she can go for a visit without problems , and wished her a nice vacation. Couple days later , her passport came via mail to her home, without the visa and a letter that is was denied under 214 (B) and that she has to show more ties and reasons to go back to Germany. She is not married, has no children, and works as a restaurant manager. All she want is to visit me and her little sister. (US- citizen) I have talked to a lawyer and he cant help. Of course she has the right to apply again for a visa , has to wait for an appointment and to pay the fees. Does somebody here has simiular experience and can help, how she can convince the Embassy that she only wanna see her family and will defenitly return back to Germany. I hope somebody can help here. Thanks to all of you and good luck in your cases.

[Boiler 45,654]

There is a non immigrant waiver, I 193?, was this mentioned?

Probably easiest for you to visit her.

[hellINTIM 9]

i dunno y immigration always denying ages 20-30 yrs old. when i apply my tourist visa too bfore they deny me cause i was single that time. /no kids/ i owned 2 businesses. and they said that still not proving i am coming back in philippines -.-.

[Brother Hesekiel 2,236]

Lili,

Given your daughter's age and history of her overstay in the States, USCI's assumption that everyone visiting the US wants to stay forever is somewhat justified, don't you think? Even more so since mommy is living in the US as a LPR.

That doesn't mean that your daughter would want to do that, but the immigration people prefer to play it safe, because they can (as nobody has a right to visit), and because every year tens of thousands of visitors overstay.

I don't think there's anything she can do, other than provide solid ties that would absolutely require her to return to Germany. A husband and a child waiting for mommy would be good for that, as would be property or a well-running farm (Bauernhof) she owns.

Life ain't fair, sometimes.

[sachinky 465]

20-30 year old unmarried women with no kids are considered to be flight risks. I've heard of several people having their tourist visas denied.

I think it's best if you go visit her unless she can demonstrate OVERWHELMING ties to her homeland that will compel her to return. With a history of overstay, that is often hard to do. The CO will assume she will not return, especially since her entire family is residing there.

Edited November 18, 2009 by sachinky

[lostinblue 1,989]

In China it is very common for someone in this situation to be denied a visitors visa. That is an unmarried single woman in this age group. My wife was denied twice years ago. In this situation there is a deportation that will remain on her record. The only thing she can do is obtain proof she will return to her country.