Tourist Visa denied - please advise

[mikeleighb 0]

Good afternoon everyone. Please read my experience and offer any advice you can. We truly appreciate it. I'll try to stick to the pertinent facts but if there are any details you'd like feel free to ask or PM.

I am an American citizen. My wife came to US from China on CR-1 visa in 2009. Everything is fine with that. We got our AOS a few months ago.

We are having a baby in September. We were hoping to have my wife's mother (my MIL) and sister (my SIL) come for a visit around this time to see the baby, and visit USA.

They had their interview yesterday at Guangzhou consulate. MIL passed but SIL did not. The reason was that she did not provide sufficient evidence that she will leave USA. She brought with her an invitation letter from me with an offer to pay for travel and housing in USA for a visit. She has a good job and brought a letter from her employer authorizing holiday time and verifying her employment, etc. Her insurance card, retirement savings account, wages and job contract. Apparently, the officer didn't really look at any of these things though. I've heard some horror stories about these interviews but complaining about the officer isn't going to help our case.

MIL is retired and widowed. She "owns" a house but still owes a lot of money to pay it off. SIL lives with her along with one other sister. SIL is age 30, not married and we think this is probably the biggest issue. This is a problem because MIL doesn't speak any english, and SIL was going to help her in travelling. In fact, MIL has never even been on a plane before.

I know that we can reapply, but does anyone here think she stands a chance? Is there anything we can bring that will help to prove her case? I spoke to my Senator's office and they said that they can provide a letter of support but I don't know that that will really help the case. I feel like it won't hurt to try again, but it is hard because we have to pay for the application fees, travel back to guangzhou 10 hours away and all the hassles involved. I want to be optimistic and offer hope but I don't know if I can.

If anyone has any advice on this, we would greatly appreciate it.

[milimelo 4,498]

For MIL, write a detailed letter in English detailing her itinerary and provide all your phone numbers on which you can be reached at in case of any problems during travels or at POE. Then make several copies of this letter so she has on hand to give out when she needs assistance. Include her basics - names, passport number, travel itinerary, your name and address as destination.

You can also pay the additional fee for the wheelchair service for elder travelers or travelers with mobility issues and airport and airline staff will make sure your MIL gets to het destination.

Can't help with advice for SIL - she is single and can be seen as a risk of overstay and not return to China.

[Ning 619]

For MIL, write a detailed letter in English detailing her itinerary and provide all your phone numbers on which you can be reached at in case of any problems during travels or at POE. Then make several copies of this letter so she has on hand to give out when she needs assistance. Include her basics - names, passport number, travel itinerary, your name and address as destination.

You can also pay the additional fee for the wheelchair service for elder travelers or travelers with mobility issues and airport and airline staff will make sure your MIL gets to het destination.

Can't help with advice for SIL - she is single and can be seen as a risk of overstay and not return to China.

This is good advise for MIL. I would add that people like her travel all the time. The airlines, airports ect are used to dealing with these passengers. I have seen many in my trips that had no problem.

I doubt the SIL will be issued a tourist visa based on what has happened. She would have to provide some new additional evidence to offset the officers view & the criteria they have to follow. All people with any type of visa are considered intending immigrants. Their strongests ties must be proven to be to their country. This can prove to be next to impossible for some people. In this case its probably her age ect that made the difference. As you said the officer did even bother with the evidence.

[Harsh_77 718]

Chances of your SIL getting visa are very slim, senator cannot do anything pls try to understand this.

Senator or congressman can help you when you are trying to bring your spouse or immediate family and your case is stuck, you being USC they can help you in that case.

For tourist or any non-immigrant visa they cannot do much, it is not the right.

Your SIL being 30, single and from country with high immigration rate it would be difficult, extremely difficult to get visa. Most CO would consider her to be high risk, as ppl have suggested in earlier post for your MIL you have couple options.

If she speaks some English, you can provide her with the detail itinerary and multiple copies from which someone can help.

Other option is you can get her a wheelchair and normally they would help her navigate thru each and every point.

Other option which normally lot of ppl from India do is, when they drop someone at airport, they try to connect the older parents with someone who is on the same flight and same destination and they just help them as goodwill.

[Jojo92122 1,924]

Good afternoon everyone. Please read my experience and offer any advice you can. We truly appreciate it. I'll try to stick to the pertinent facts but if there are any details you'd like feel free to ask or PM.

I am an American citizen. My wife came to US from China on CR-1 visa in 2009. Everything is fine with that. We got our AOS a few months ago.

We are having a baby in September. We were hoping to have my wife's mother (my MIL) and sister (my SIL) come for a visit around this time to see the baby, and visit USA.

They had their interview yesterday at Guangzhou consulate. MIL passed but SIL did not. The reason was that she did not provide sufficient evidence that she will leave USA. She brought with her an invitation letter from me with an offer to pay for travel and housing in USA for a visit. She has a good job and brought a letter from her employer authorizing holiday time and verifying her employment, etc. Her insurance card, retirement savings account, wages and job contract. Apparently, the officer didn't really look at any of these things though. I've heard some horror stories about these interviews but complaining about the officer isn't going to help our case.

MIL is retired and widowed. She "owns" a house but still owes a lot of money to pay it off. SIL lives with her along with one other sister. SIL is age 30, not married and we think this is probably the biggest issue. This is a problem because MIL doesn't speak any english, and SIL was going to help her in travelling. In fact, MIL has never even been on a plane before.

I know that we can reapply, but does anyone here think she stands a chance? Is there anything we can bring that will help to prove her case? I spoke to my Senator's office and they said that they can provide a letter of support but I don't know that that will really help the case. I feel like it won't hurt to try again, but it is hard because we have to pay for the application fees, travel back to guangzhou 10 hours away and all the hassles involved. I want to be optimistic and offer hope but I don't know if I can.

If anyone has any advice on this, we would greatly appreciate it.

If your SIL can provide new evidence, she may be able to convince the CO to issue her a visitor visa. Without new evidence, the result will probably be the same.

================

http://travel.state.gov/visa/frvi/denials/denials_1361.html

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or ( F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

=================

http://www.usavisitorvisa.com/visitorvisa/us_visa_denial.htm

S Visa Denial or Refusal or Rejection

USA Visitor , tourist B1-B2 visa denied or refused?

If your US visa is rejected or refused, you will be told the reason for rejection of visitor visa at the visa interview.

Depending on what type of visa you have requested there can be several reasons for a visa refusal or denial.

Each applicant is evaluated individually to obtain a total picture of his/her situation when they apply.

Consulate will look for person's career, financial, property, social, family and other commitments in home country. Applicant must be able to prove that support a conclusion that you applicant will leave the United States after a temporary visit and will not misuse the visa during stay in the US.

The most common refusals are under Section 221(g) and Section 214(b) of the US Immigration and Nationality Act.

221g : If any information or documents missing. Consulate will tell you the list of missing or additional documents needed. You can submit those documents in timely manner and consulate will evaluate and after their processing consulate will make the final decision.

Most of the cases refusal (221g) can be just because of any documents missing or any additional information required by the consulate. See a sample of 221g document.

214(b) : Refusals under Section 214(b), is suggest that you do not qualify for the visa , or do not meet the qualifying criteria example : you do not have enough ties, Or you have not overcome a presumption that you are using the visa to immigrate or work illegally in the United States.

If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.

What does a consular officer look for during a visa interview?

Each case is different in its own and consular officer evaluates each visa application on its own merits according to visa law and procedures. In addition to U.S. security, the officer considers the applicant’s personal circumstances, honesty, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.

Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant’s home country:

If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? (Note: Please have the applicants bring their INS extension approval notices to their interview).

If the applicants have traveled to the U.S. previously, how long have they been back in home country?

How many children and grandchildren do the applicants have back in home country?

Have the relatives in the U.S. ever returned to home country to visit their families as is normal for foreign students, workers, and residents in the U.S.?

Are the applicant active professionally in their home country; if so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in their home country.

Each visa application is thoroughly examined and evaluated on its own merits.

If my visa rejected , can I get my fee back ?

No, if your visa rejected there is no refund of the visa application fee.

How do I appeal a visa refusal?

There is no right of appeal for nonimmigrant visa decisions. You can re-apply if you want. There is no restriction on number of time you can re-apply. Each time you must go though the complete process including paying the fee.

[Boiler 45,657]

MIL passed but SIL

For those that missed it.

Probably a waste of time SIL trying again but also no harm.

[garfield529 47]

Yeah, the SIL is going to have a very difficult time obtaining a B2 considering her status. The best bet is to just send the MIL alone, she can easily find someone on the plane to help her find the right line at immigration and as long as your wife is at the POE she shouldn't have any issues.

[jamhelmcor 0]

Generally the interview lasts only for a short time. During the US tourist visa interview be sure to answer the questions sensibly and also make sure of the following:

It is important that you arrive on time for the interview as well as being well prepared.

Prove that your stay is only for a short duration of time and that you do not have any intention of exceeding the permitted stay in the US. If you have a credible travel history on your passport that may be good enough for your interviewer to prove that you are telling the truth.

Do not be too aggressive during the interview because that will not help. While answering the official try to be yourself and be honest.

Produce proof of employment so that the officials are convinced that your stay is legitimate and you will return to your home country.

Have all the necessary documents and other evidence ready, like a birth certificate, tax returns, bank records, travel details, etc., though you may not be asked for them.

Be focused during the interview session. Make sure you have a clear purpose of the trip and that your trip to US is just for a visit and you do not intend to stay any further and that you are happy in your home country.

[Noel194 53]

I disagree with the above posy that says a Senator cannot do anything. My MIL was denied the first time for insufficient ties. I had my US Senator send a letter and she was approved. Not 30 minutes after her approval I received an email from my Senator's office telling me that she had been approved. That means that someone in the Embassy was monitoring the situation and notified the Senator's office of the approval. Your Senator may not legally be able to help but perhaps the embassy might change it's mind to stay in their good graces.

[catracha85 6]

Don't you have to wait a year or so, to reapply for a turist visa?

For your in law there are plenty of options. All sugegsted above sounds

Great. I will just add that you can also pay a translator that can be waiting

For her at the airport and help her with the language issue.

[Noel194 53]

THere is no waiting period unless specifically ordered by the embassy.