B2 Previously Denied

[Timzel 0]

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

[Hockeywife8 1]

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.

[Boiler 43,397]

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

[carton025 38]

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!

[MacUK 983]

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.

[JayJayH 546]

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 October 3, 2014 by Yang-Ja

[Timzel 0]

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

[Hockeywife8 1]

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.

[Timzel 0]

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!

[JayJayH 546]

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.

[Timzel 0]

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!