Reject tourist visa for 27 year old brother

[tim_13 0]

Hi everyone, this is my first post here hopefully I can get some evidence why my brother was rejected.

My 28 year brother applied for b2 because my daughter is going to have her first b'day in march and I wanted him to visit us.

So interview went like this

Why you going to US? To attend my sister daughter first b'day

What your sister doing? Business system analyst

What you are doing ? I am advocate

When she went US: 2006

when you started work 2007

are you going alone? yes

did you ever internationaly traveled before? no

And Bamm sorry we could not give visa at this time.

They didn't see any docs or any thng. I doesn't get. Do you think he should have elaborated all answers. I was under impression that they will ask why he is going alone and he can tell the reson but it didn't happen. I am the only relative here and I feel so devestated that no body from my family will be in party. will it be wise to reapply and tell them the reason.

I desperately want answer. My mom dad visited us when she was 3 month old and went back on time. He has property etc/home(thats on my dad name but still it belongs to him) and he is sef employed in India.

any help will greatly appreciated.

[tim_13 0]

also some like where do you work and what your sister visa status is( I am us citzen) these were two that I think I missed psoting"

[aaron2020 11,652]

Hi everyone, this is my first post here hopefully I can get some evidence why my brother was rejected.

My 28 year brother applied for b2 because my daughter is going to have her first b'day in march and I wanted him to visit us.

So interview went like this

Why you going to US? To attend my sister daughter first b'day

What your sister doing? Business system analyst

What you are doing ? I am advocate

When she went US: 2006

when you started work 2007

are you going alone? yes

did you ever internationaly traveled before? no

And Bamm sorry we could not give visa at this time.

They didn't see any docs or any thng. I doesn't get. Do you think he should have elaborated all answers. I was under impression that they will ask why he is going alone and he can tell the reson but it didn't happen. I am the only relative here and I feel so devestated that no body from my family will be in party. will it be wise to reapply and tell them the reason.

I desperately want answer. My mom dad visited us when she was 3 month old and went back on time. He has property etc/home(thats on my dad name but still it belongs to him) and he is sef employed in India.

any help will greatly appreciated.

Reapplying based on the reason your brother wants to go the US does not show his strong ties to his home country. That does not help him to overcome the presumption that all visitor visa applicants have the intent to immigrate.

It's unlikely that he will succeed based on the reason he wants to go to the US. However, you don't know if he will be rejected again unless he tries.

[tim_13 0]

but that is the only reson he want to come. Since neither of my parents can attend the party because my dad is getting permoted and my mom is sick so he will be the only person that can make it. shouldn't it be sufficient. I desperately want somebody from my family to attend the party all other realtive are from husband family. sorry for asking again.

[ndu26 114]

The fact that he is young, single and has a sister who is a USC all count against him. When applying for B2 visa, they assume that the applicant has intent to immigrate and so the burden of proof is on the person to show otherwise. To them a single 27/28 yrs old man attending the BD party of a 1 year old does no fit. He can always try again if you dont mind mind "missing" the application fee but unless something has changed about his ability to show strong ties, the chances remain slim with a prior denial.

[aaron2020 11,652]

The IO is interested in the reason he has to go home. The reason he has to go to the US does not matter. He had already been denied. When he reapply, he will need to provide something new to show why he would return home.

[tim_13 0]

the thing is they didn't ask even a single question about returning except his employment.can you point Wher in above question he should explain? I really don't care aout the fees but earlier rejection is making the case weak? thats what I am worried.

[Noel194 53]

Welcome to the fact that an embassy official can deny a visa if he or she "feels" that there is a possibility that your brother may illegally immigrate. There is no checklist that they must follow it is completely up to one individual with no recourse. He will get a different official if he applies again but the is no guarentee of a different outcome.

[Boiler 47,541]

Why not travel home and have a second party, that way all your family can attend?

It does sound a very weak reason for him to travel so far at such expense.

[Harsh_77 718]

Someone is spending all that money just to attend a birthday party does not make any sense.

As you mentioned there is property in his dads or basically your dad’s name does which eventually would be passed on to him, but that does not hold any significance either.

Cannot your dad just donate his property or sell it – if he wants to without giving you or him anything?

27/28 year old single with minimal ties in their home country some family members living in US perm – adding all these does make it difficult for someone to get visa.

[tim_13 0]

well. definately I will have another party but still day is in march and i am kind of feeling alone in all my in laws.

Expensewise I am the one who is paying fr the visit

Also I have question: will second time applying have any future effect incase he got denial. I just want to see what the worst case scnario. they are well settled in india and no future plans for immegration.

[Harsh_77 718]

well. definately I will have another party but still day is in march and i am kind of feeling alone in all my in laws.

Expensewise I am the one who is paying fr the visit

Also I have question: will second time applying have any future effect incase he got denial. I just want to see what the worst case scnario. they are well settled in india and no future plans for immegration.

Second time denial can and cannot have impact depending on which visa he would be applying in future.

For example he got second denial and 6 months later he is applying for student visa most likely he would be denied both earlier denial would be looked into at that time.

Second case if he got married to USC within that same 6 months and applied for CR1 previous denial might not have any impact assuming it was real marriage and not just for purpose of immigration.

Edited January 24, 2012 by Harsh_77

[Noah Lot 391]

Welcome to the fact that an embassy official can deny a visa if he or she "feels" that there is a possibility that your brother may illegally immigrate. There is no checklist that they must follow it is completely up to one individual with no recourse. He will get a different official if he applies again but the is no guarentee of a different outcome.

Actually, U.S. law states that every person seeking a nonimmigrant tourist visa (and some other types) are PRESUMED to be going to the United States to remain permanently...in other words, there is an automatic presumption of guilt or of going to do something that has yet to be done...and the applicant must convince the VO otherwise...if there are any doubts whatsoever, the application is denied. There are no specific bright line requirements that a person could 'follow' in order to obtain a tourist visa. No specific document can qualify somebody. Letters from relatives have zero positive impact on a case. Nor can anyone 'guarantee' that said applicant will depart the United States when they are supposed to nor prevent them from, say, working illegally. That means that any letter written by a friend or relative making such a 'guarantee' is totally worthless....why? Because no one on this planet has direct control of another person's 24/7 actions or behavior (unless they are in prison!).

Things that are often presented at an interview in the hopes of a favorable outcome are typically:

* bank statements, often showing a recent large unexplained deposit...but bank accounts can be emptied five minutes after visa approval...( and the unexplained deposits usually mean a relative has made such a deposit, hoping it will fool the VO into believing that an applicant has sufficient resources...but when they cannot explain from where the money came, well, then that strategy is exposed.

* car titles....huh? cars are not a tie to one's country

* a letter of future employment....not legally enforceable

* round trip airline tickets....which can be cancelled, changed or even refunded in some cases.

* letters from relative or friends offering to pay for the entire trip....perhaps useful for older parents, but a great cause for concern for the average working age relative seeking a visa (if they cannot pay their way, why would they go back to their low wage job?)

or, the applicant's reasons for going make little or no economic sense...for example...

* the proposed trip would cost the equivalent of 6 months to 2 years salary of the applicant...who would shell out that kind of money for an alleged two week visit for a one year old's birthday? Or a wedding? Or a baptism? No one.

* the applicant, who has been on his or her job for one week, allegedly has to go to the US for 6 months of 'training'...training that no one in his/her office has ever received, but for some reason, this particular individual 'must' attend said training or else the company would go bankrupt....who possesses that kind of unique skill set?

Compounding all of these issues is the sad, but true fact that untold thousands of people have used these strategems and have sworn on their mother's grave they would return, but did not....and that fact is already well known to VOs working in many countries...and thus the old 'fool me once, shame on you, fool me twice, shame on me'...gets put into play, no doubt resulting in some bona fide applicants being denied because it is difficult to sort out the wheat from the chaff.....

*

[Boiler 47,541]

* bank statements, often showing a recent large unexplained deposit...but bank accounts can be emptied five minutes after visa approval...( and the unexplained deposits usually mean a relative has made such a deposit, hoping it will fool the VO into believing that an applicant has sufficient resources...but when they cannot explain from where the money came, well, then that strategy is exposed.

I can trasfer money from my UK account to my US account in a lot less time than that.

* car titles....huh? cars are not a tie to one's country

I managed to sell my car just before I emigrated, otherwise my Brother was going to do it for me.

* a letter of future employment....not legally enforceable

and written by a friend.

* round trip airline tickets....which can be cancelled, changed or even refunded in some cases.

Been there, done that.

* letters from relative or friends offering to pay for the entire trip....perhaps useful for older parents, but a great cause for concern for the average working age relative seeking a visa (if they cannot pay their way, why would they go back to their low wage job?)

May be cultural but I would feel odd about somebody paying for my Holiday.

or, the applicant's reasons for going make little or no economic sense...for example...

* the proposed trip would cost the equivalent of 6 months to 2 years salary of the applicant...who would shell out that kind of money for an alleged two week visit for a one year old's birthday? Or a wedding? Or a baptism? No one.

Not me anyway

[Noah Lot 391]

I can trasfer money from my UK account to my US account in a lot less time than that.

I managed to sell my car just before I emigrated, otherwise my Brother was going to do it for me.

and written by a friend.

Been there, done that.

May be cultural but I would feel odd about somebody paying for my Holiday.

Not me anyway

Well, you seem to understand those points...none of the above would sway a VO towards issuing an otherwise doubtful case.