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Timzel

B2 Previously Denied

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Filed: AOS (apr) Country: Philippines
Timeline

Hello Everyone!

Hope all is doing great. I do have a question for a friend of mine who wants to visit the US. Her dad, a senior citizen, wants her to accompany her to the US to visit her brother also to have a short vacation. Also I'd like her to be my make up artist for my pre wedding pictorial. Her Parents have a B2 Visa. She tried applying for B2 visa last year but unfortunately got denied.

What are her chances of getting a tourist visa? what are the chances of getting an approval for someone who is accompanying a senior citizen? Is getting denied the first time have a weight on her 2nd attempt of applying for B2 visa?

Thank you in advance.

xo


XOXO- Timzel

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Filed: Timeline

What country is she from? Why was she denied previously? What ties does she have? These are all important questions that should be answered. As well in my opinion from what i have seen it would be advisable not to mention anything about doing photos for a pictorial. That could be seen as working illegally free or not and could complicate things.

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Filed: K-1 Visa Country: Wales
Timeline

Finding reasons to want to go is usually not the issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The applicant must demonstrate to the USEM that she has "strong ties" to the Philippines and will return to the Philippines and not overstay her visa if she were to get one. Strong ties can be financial interests, property owned, businesses, etc... Since she has already been denied a visitor's visa to the USA, she should know what is needed to better her future chances of getting a visitor's visa to the USA. I hope this helps and best of luck!

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Filed: Other Country: United Kingdom
Timeline

Hello Everyone!

Hope all is doing great. I do have a question for a friend of mine who wants to visit the US. Her dad, a senior citizen, wants her to accompany her to the US to visit her brother also to have a short vacation. Also I'd like her to be my make up artist for my pre wedding pictorial. Her Parents have a B2 Visa. She tried applying for B2 visa last year but unfortunately got denied.

What are her chances of getting a tourist visa? what are the chances of getting an approval for someone who is accompanying a senior citizen? Is getting denied the first time have a weight on her 2nd attempt of applying for B2 visa?

Thank you in advance.

xo

You should also worry that a 'make up artist' for your photos could be considered as work.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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The consular officer is not going to worry about whether she's going to the US for a wedding, to accompany a senior, go to Disneyland or to go bird watching in Florida. They'll be more focused on whether she'll likely return to the Philippines. The previous B-2 denial is in no way a bar from re-entry, and the denial itself will not have any weight on this application.

What may count against her is the reason why the previous B-2 was denied. Most B-2s are denied under section 214(b) of the INA - The one that basically says you're considered an intending immigrant until you've proven otherwise.

When she goes in for the interview, the consular officer is required by law to assume she wants to move to the US, not just visit. Until she can satisfy the consular officer otherwise, the officer is not allowed to approve the visa. So what do the consular officers look for? Evidence that she'd be crazy to fraud her way into America and never return. For example - Does she own property in the Philippines? Does she have a steady job? Is she about to finish a degree? Does she take care of an old aunt? Does she have a dog she doesn't want to leave? Does she own a business there? Essentially, anything and everything that can show it would be in her best interest to return from her vacation.

As far as section 214(b) - Denial for immigrant intent is kind of a peculiar one. "Immigrant intent" is an inadmissibility you have only when actually applying for the visa - The label of "intending immigrant" is gone as soon as the visa application is denied, only to resurface as suspicion next time around. This means that if you're denied under section 214(b), you are free to apply for another visa the very next day if you want.. But if the underlying reason for the "immigrant intent" suspicion is still there, chances are the new visa will be denied again under section 214(b) of the INA, and she will be free to apply for another visa the next day, and the next day, and the next day. Until the underlying reason for denial is gone, and the consular officer no longer believes she might try to stay in the US.

Edited by Yang-Ja

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Filed: AOS (apr) Country: Philippines
Timeline

Hey Guys

Thank you for all your responses. I appreciate that so much. Anyhow, I think the previous denial was because she and her son both applied for tourist visa and that she is a single mother even if she has properties in PH it didnt really establish her ties with the home country.

This second attempt would just be with her dad, she wont be bringing her son along because son is still studying. Also she is taking up make up artistry in the Philippines, so she is not like professional Make up artist yet.

so mainly what she needs to do is establish that she will be coming back to the Philippines.

Thank you everyone,

Looking forward to your responses and comments.

xo


XOXO- Timzel

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Filed: Timeline

I'll share something from my personal experience. I was going to travel to the usa to help look after my bf's daughter while his grandmother was sick. This was seen as a job that could be done by an American despite the fact that I'm not being paid. That's why I say be careful.

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Filed: AOS (apr) Country: Philippines
Timeline

I'll share something from my personal experience. I was going to travel to the usa to help look after my bf's daughter while his grandmother was sick. This was seen as a job that could be done by an American despite the fact that I'm not being paid. That's why I say be careful.

Thank you Hockeywife8!


XOXO- Timzel

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I'll share something from my personal experience. I was going to travel to the usa to help look after my bf's daughter while his grandmother was sick. This was seen as a job that could be done by an American despite the fact that I'm not being paid. That's why I say be careful.

Thank you Hockeywife8!

Yes, beware.

A common misconception is "if it isn't paid, it's not a job, and thus not illegal." Logically, US immigration law does not exist to prevent foreigners from getting money. It exists (in part) to protect American workers. A babysitter is an American worker. The issue is - If you bring in a relative to babysit, paid or not, an American who could have otherwise been paid to do the job, lost out.

There is a fine line between a visiting relative "hanging out with the kids for a day" and a visiting relative "taking care of the kids for a month." Legally, the lines are blurred. Be cautious.

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Filed: AOS (apr) Country: Philippines
Timeline

Yes, beware.

A common misconception is "if it isn't paid, it's not a job, and thus not illegal." Logically, US immigration law does not exist to prevent foreigners from getting money. It exists (in part) to protect American workers. A babysitter is an American worker. The issue is - If you bring in a relative to babysit, paid or not, an American who could have otherwise been paid to do the job, lost out.

There is a fine line between a visiting relative "hanging out with the kids for a day" and a visiting relative "taking care of the kids for a month." Legally, the lines are blurred. Be cautious.

Thank you Yang-Ja!


XOXO- Timzel

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