B2 Visa legal advice

[brightlight 0]

Before I begin, I am not looking to know processing times etc. I know that these things vary embassy to embassy and case to case basis and that I will just have to await an answer.

I am currently awaiting a Tourist Visa to visit my family, I applied in January, had my interview and received a notice that I would have to take a "medical exam" at a specified clinician in Copenhagen (Healthcare is free in Denmark, unfortunately the expenses of this private clinician were quite high). I was also given a drug test (I passed of course). Afterwards, upon querying how long the process would take I received this answer from the embassy: "There’s unfortunately still to many variables in your case for us to be able to predict how long it will take to process your case to conclusion.". This was a month ago.

Let me go into my background a little bit, I am an Irish citizen living in Denmark who also lived in the United States for 5 years and graduated high school with a US diploma . My family (Dad, stepmother, brother and stepbrother) all have been granted green cards and are sponsoring me. I also was caught with a small amount of marijuana as a juvenile when I lived there (FYI: legally it does not stop me from entering but it does make the process more complicated).

This is the third tourist visa I have applied for in three years. The first year (Christmas 2013), I was granted the visa, but then the Embassy in Copenhagen lost it, found it, then it was lost in transit somehow via Post Danmark. By the time I received my passport again, the visa was close to invalid. The second year (Christmas 2014), the visa was rejected on the basis that I was an "intending immigrant" which honestly doesn't make any sense as I am living here, and was attending school at the time (this holiday period was right before my final exams). I am now at this point, and with all the costs and grief it has caused me, I am wondering if there is any legal action I can take if this does go pear shaped? Of course I don't care about the money, but it has been the most frustrating of experiences and honestly I feel as if I'm being screwed over here, as if they are actively looking for reasons to keep me away.

[newacct 688]

No. There is nothing you can do about it.

[Hypnos 6,576]

There is absolutely nothing you can do.

Google "doctrine of consular non-reviewability".

[Transborderwife 4,666]

Nope. Nothing. They saw you as an intending immigrant because your family lives here. Fair or not it is what it is.

Nope. Nothing. They saw you as an intending immigrant because your family lives here. Fair or not it is what it is.

[brightlight 0]

Thanks.

In regards to the intending immigrant, yes but I have family here too, and my mother lives in Ireland. I can see that this may have been their logic when considering.

Edited February 24, 2016 by brightlight

[Anh map 2,098]

Please remember that USCIS operates under the assumption that all visa applicants have immigrant intent. So the burden is on the applicant to show the consular officer reasons that you have to return home rather than stay.

Having lived in the US before and with family there now it's going to be tougher for someone like yourself.

[brightlight 0]

Naturally I understand that the burden is on the applicant, but I believe that they know that I can go the proper route if my aim was immigration. I turned down the green card offered to me a few years back, and they are fully aware of my membership with the European Youth Parliament as well as the education I'm pursuing. so yes it is this family issue that must make it such a problem.

[Avery Cates 1,141]

I am wondering if there is any legal action I can take if this does go pear shaped?

You can reapply.

That's about it.

[Avery Cates 1,141]

I am wondering if there is any legal action I can take if this does go pear shaped?

You can reapply.

That's about it.

[Pkr 21]

Tourist visa is issued based on the applicants ties to his home country./ country of residence.. ... Visa is issued solely at the discretion of the consulate and there is nothing you can do about it

[TBoneTX 45,498]

Please remember that USCIS operates under the assumption that all visa applicants have immigrant intent.

(Whoops -- the consulates are Dept. of State. USCIS is DHS.)

[Boiler 45,657]

For the sake of clarity sounds like you need a medical waiver due to your drug history, medicals for visitor visa's are not normal.

[Cathi 5,770]

Before I begin, I am not looking to know processing times etc. I know that these things vary embassy to embassy and case to case basis and that I will just have to await an answer.

I am currently awaiting a Tourist Visa to visit my family, I applied in January, had my interview and received a notice that I would have to take a "medical exam" at a specified clinician in Copenhagen (Healthcare is free in Denmark, unfortunately the expenses of this private clinician were quite high). I was also given a drug test (I passed of course). Afterwards, upon querying how long the process would take I received this answer from the embassy: "There’s unfortunately still to many variables in your case for us to be able to predict how long it will take to process your case to conclusion.". This was a month ago.

Let me go into my background a little bit, I am an Irish citizen living in Denmark who also lived in the United States for 5 years and graduated high school with a US diploma . My family (Dad, stepmother, brother and stepbrother) all have been granted green cards and are sponsoring me. I also was caught with a small amount of marijuana as a juvenile when I lived there (FYI: legally it does not stop me from entering but it does make the process more complicated).

This is the third tourist visa I have applied for in three years. The first year (Christmas 2013), I was granted the visa, but then the Embassy in Copenhagen lost it, found it, then it was lost in transit somehow via Post Danmark. By the time I received my passport again, the visa was close to invalid. The second year (Christmas 2014), the visa was rejected on the basis that I was an "intending immigrant" which honestly doesn't make any sense as I am living here, and was attending school at the time (this holiday period was right before my final exams). I am now at this point, and with all the costs and grief it has caused me, I am wondering if there is any legal action I can take if this does go pear shaped? Of course I don't care about the money, but it has been the most frustrating of experiences and honestly I feel as if I'm being screwed over here, as if they are actively looking for reasons to keep me away.

there is no sponsorship for a b2-visitor visa. You must apply and be approved on your own merits, and your own merits alone. The fact that you have family living in the US and that you graduated here works against you because your ties to the US are stronger than where you live.

[Boiler 45,657]

What was your status when you were in the US?

[AsafSB 3]

One question - why did you need to apply for a visitor visa? Can't you enter with the Visa Waiver program due to the fact that you are an Irish citizen?