Jump to content
seputus

Refused B2 Visa due to needing 'military exemption'

8 posts in this topic

Recommended Posts

Hi all,

Posting this for a friend. He's an Iranian citizen living and working in the UK after having married his sweetheart while he was here on a student visa. He has since travelled to many Schengen area countries, and recently attempted to acquire a B2 visa for the U.S.

He was refused because he could not provide his military service OR exemption card. Is this a legitimate reason?? I see very little information on the web about this kind of refusal. The problem is he is essentially a deserter, and never plans to return to Iran. So is it correct that as he cannot provide a service record, nor exemption, that he can never visit the U.S. as a tourist?

Thanks in advance for any info or help anyone can provide.

Share this post


Link to post
Share on other sites

I doubt that was the reason, as an an aside that is not a question asked on a B2 application.

What is his status in the UK, on what basis did he enter?


“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.”

Share this post


Link to post
Share on other sites

Hi. He scanned the refusal letter. It says "...refused under section 221(g) ... You may be able to overcome a Section 221(g) refusal by submitting additional evidence ... Additional information is required to process your application ... " "Other" was ticked, and written beside it, "Military exemption card w/ translation".

She told him if he supplied that then the visa would be issued if no other circumstances had changed.

He entered the UK on a student visa, and now has a UK biometric card showing he has FLR(M) / spousal visa.

Note that I've searched further and it doesn't seem unprecedented but I can only find two pages that refer to this. One here, taken from the Algerian embassy's site I think: http://www.applyabroad.org/forum/showthread.php?43144-/page13

And the U.S. Embassy in Turkey's page: http://turkey.usembassy.gov/supporting_documents.html

... but I can't find any info about how someone can overcome this if they have neither, and will never be able to get either document! :-/

Edited by seputus

Share this post


Link to post
Share on other sites

If his intent is to naturalise in the UK then he would at a future point be able to apply for ESTA. He would need to declare the visa refusal.

Odd that a Consulate would commit to a future Visa issuance. They can lie, but even so. I certainly would not take it that it is a given he would get the visa if he could supply the documents.


“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.”

Share this post


Link to post
Share on other sites

If his intent is to naturalise in the UK then he would at a future point be able to apply for ESTA. He would need to declare the visa refusal.

Odd that a Consulate would commit to a future Visa issuance. They can lie, but even so. I certainly would not take it that it is a given he would get the visa if he could supply the documents.

I've heard them drop 'hints' that if an applicant can get xyz document then their B-2 would be approved.

Gets them out the door quicker without any fuss

Edited by MacUK

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

Share this post


Link to post
Share on other sites

Yup


“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.”

Share this post


Link to post
Share on other sites

But what is this all about exactly? As we can see, the official embassy site in Turkey does request military documents. I can see if he actively served, that would be useful to know. But what about deserters? Of which there are plenty. Does he really need to see if he can naturalise (which will take him 5 years)? And even then, why wouldn't they still want to see the same document, since he's still an Iranian citizen?

I'd really love to hear from anyone who is in the same position or if a document being requested can *ever* be contested as it wasn't right or fair to ask for it to begin with.

Thanks again!

Share this post


Link to post
Share on other sites

Makes me wonder why, perhaps a hangover from the Vietnam war?

Visitor Visa's are discretionary so nothing to contest.


“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.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×