Refused B2 Visa due to needing 'military exemption'

[seputus 0]

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.

[Boiler 43,433]

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?

[seputus 0]

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 August 17, 2015 by seputus

[Boiler 43,433]

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.

[MacUK 983]

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 August 17, 2015 by MacUK

[Boiler 43,433]

Yup

[seputus 0]

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!

[Boiler 43,433]

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

Visitor Visa's are discretionary so nothing to contest.