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Carol & Tim

I am a permanent resident, married to an US Citizen and my mom just had her visa denied.

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Hello all,

I'm very disappointed with US Consulate in Brazil. I've been living in the US for three and half years with my american husband. My mother has always been scared to fly and I was the one always going to visit her. Last month, she decided she wants to come and applied for her tourist visa which was DENIED today!

I think it is so disrespectful that they would deny her visa since I live here. So it means my family is not allowed to visit me?

She took proof of her job and the she told the consul she has family there and that she just wanted to come for a visit. I sent a letter to the consul explaining that she was coming for a short visit but she still got denied.

I know since it's a tourist visa there is nothing I can do. I applied for Citizenship and I am in the process right now.

Do you think once I become a citizen her chances of getting a visa would be higher? She doesn't want to live here, just visit.

I am so frustrated right now! Sorry for venting. Just want to know my options of bringing my loved mom to visit me.

Thanks!

Edited by Carol & Tim

visit my blog! :)http://brazilianspouse.blogspot.com/

Married: 07/27/2010

I 130 Sent: 10/22/2010

NOA1: 10/27/2010

NOA2: 03/11/2011

NVC Received: 03/28/2011

Emailed DS-3032: 03/30/2011

Paid online AOS fee: 03/31/2011

Paid online IV fee: 04/01/2011

Mailed I-864 package: 04/15/2011

Mailed IV package: 04/15/2011

SIF: 05/11/2011

Case Completed: 05/12/2011

Interview date assigned: 05/16/2011

Medical: 05/27/2011

Interview: 06/29/2011

POE at Lax: 08/10/2011

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Please vent here, that's what we are here for.

It has nothing to do with respect. Trust me, after being denied entry twice I felt the same way as you. However, I was rightfully denied because I had clear ties to the U.S. that overshadowed my ties to Canada. I suspect your mother does too. Having a daughter in the US (are you her only child? Does she have other family ties?) is a strong tie to the U.S.. You and your situation (as in becoming a citizen) does not increase her chances of being granted a non-immigrant visa.

Your options appear to be to have her apply again. Have her show she has money and ties to Brazil.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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The fact of having an immigrant relative in the US is not ideal for tourist visa. Your option is to sponsor her green card when you become citizen or apply for another tourist visa when she has more proof of ties with Brazil.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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I'm so sorry to hear that, must be very difficult. ?

Do you have brothers or sisters in Brazil, so your mum can show family ties to Brazil? What about mortgage or rental agreement of home?


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



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September 8th 2014 - Filed I-130 with Nebraska Service Center


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The fact of having an immigrant relative in the US is not ideal for tourist visa. Your option is to sponsor her green card when you become citizen or apply for another tourist visa when she has more proof of ties with Brazil.

a friend of mine has a girlfriend who got a visitor's visa even though her sister is illegally living in the States. Family or no family isn't a reason for denial. I know of another person whose mom has been living illegally in the states for years and she got a visitor's visa as well (although the first time she was denied). I know of another fellow who has no job and his motive for applying for a visa was to see relatives. Whether or not you are denied depends on the mood and attitude of the consular officer. There is no magic formula.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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a friend of mine has a girlfriend who got a visitor's visa even though her sister is illegally living in the States. Family or no family isn't a reason for denial. I know of another person whose mom has been living illegally in the states for years and she got a visitor's visa as well (although the first time she was denied). I know of another fellow who has no job and his motive for applying for a visa was to see relatives. Whether or not you are denied depends on the mood and attitude of the consular officer. There is no magic formula.

Every case varies, you can't apply your friend's girlfriend to others. The fact is that her daughter is an immigrant in the US, who has pending N400. In IO perspective, it always has intention to immigrate.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Every case varies, you can't apply your friend's girlfriend to others. The fact is that her daughter is an immigrant in the US, who has pending N400. In IO perspective, it always has intention to immigrate.

the N400 shows intent to immigrate lawfully for the person in question, not for her mother. Regardless, for all tourist applications, every candidate is assumed to have intent to immigrate, even those with no siblings or family in the States.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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Thanks everyone for your responses! I am the only child and she works. I don't know what could lead them to deny her. Maybe because I am the only child. That sucks.

And I am sure brazilians are not the only people that"forgot to go home". I know people from other countries that live here illegally. I've done everything the right way and I have never been illegally in this country. We should not judge by race. Thanks.


visit my blog! :)http://brazilianspouse.blogspot.com/

Married: 07/27/2010

I 130 Sent: 10/22/2010

NOA1: 10/27/2010

NOA2: 03/11/2011

NVC Received: 03/28/2011

Emailed DS-3032: 03/30/2011

Paid online AOS fee: 03/31/2011

Paid online IV fee: 04/01/2011

Mailed I-864 package: 04/15/2011

Mailed IV package: 04/15/2011

SIF: 05/11/2011

Case Completed: 05/12/2011

Interview date assigned: 05/16/2011

Medical: 05/27/2011

Interview: 06/29/2011

POE at Lax: 08/10/2011

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a friend of mine has a girlfriend who got a visitor's visa even though her sister is illegally living in the States. Family or no family isn't a reason for denial. I know of another person whose mom has been living illegally in the states for years and she got a visitor's visa as well (although the first time she was denied). I know of another fellow who has no job and his motive for applying for a visa was to see relatives. Whether or not you are denied depends on the mood and attitude of the consular officer. There is no magic formula.

It is possible she got the visa without lying, however much more likely that she did


“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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Thanks everyone for your responses! I am the only child and she works. I don't know what could lead them to deny her. Maybe because I am the only child. That sucks.

And I am sure brazilians are not the only people that"forgot to go home". I know people from other countries that live here illegally. I've done everything the right way and I have never been illegally in this country. We should not judge by race. Thanks.

Who mentioned race?

There is a large Brazilian diaspora which does not help. She was coming alone, what about you Father?


“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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It is possible she got the visa without lying, however much more likely that she did

actually no. the friend of mine that was denied once and later received her visa said she was going to visit her mother (who is living illegally). In fact, the officer was asking all sorts of questions about her illegal family....

I know people that have gotten visas with entire illegal families in the States and those that couldn't get one despite having no ties to anybody in the US. It is a broken system.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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http://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY14.pdf

Brazil has 3.2% Adjusted Refusal Rate for B visas. This is among the lowest 5% of countries for denials.

Let her go back and try again but with more documentation of ties to Brazil.

#1. Pension, Retirement Savings, Small Business, Job, etc.

#2. Land ownership . etc.

Perhaps also try with a true Touristic Itinerary - Disneyland, reservations at better hotels, etc. etc. and conform more to a true touristic journey moreso than a social visit. Tourists often fit the pattern of touristic activities.

I might also suggest that she consider a GROUP TOUR to the U.S. for the first trip OR travel with a family group among whom one or more have better profile of ties.

Beyond this, does she have special skills ? educational background? professional conferences to attend ? etc.

Edited by asisflyer

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I would take the statistics used by the Department of State with a grain of salt. Those numbers aren't real at all. For example, South Africa's denial rate is 2.6%. Lol. Come on, every single South African would be in the States by now if that were true. Really? For those that have been involved with the immigration process, you will know that the government routinely fudges numbers or denies reality. If I call a Tier 2 officer and ask about my K1 case they will say that I am within processing times and that they haven't processed any visas beyond August 2 (which is on their page). Obviously that is not TRUE. There are September and October filers that have been approved. This is but one example of how the stats presented by the government don't reflect reality. Getting a visa from Brazil is harder than the 5% number indicated on the State Department webpage.

Edited by pdking5000

I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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Also as other pointed out - your pending N-400 timed with the tourist visa might have made the CO think that you had an AOS for the Immediate Relative parent of USC in mind...

whereas as a LPR only, the parent would be waiting for a while and not become immediately available for AOS and be a lesser risk.

Either way, different CO, different personality, less nervousness the 2nd time through. Bring more documentation of ties. Give it a whirl.

A person who just buys new land for instance or who runs their own business and has its financials for it is not likely to run off.....

Surely living in her community these years she has demonstrable economic and social ties that perhaps she did not have well documented before.

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