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Guatemalan father trying to attend the funeral of his murdered teenage daughter in North Carolina is REFUSED a visa [edited title]

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I don't know if y'all had heard about this case or  not but it has been big news here in the Carolinas since she went missing on November 5th. The car she went missing in was later found burned a week later without her in it. They had next to no leads that the FBI has let on to the public at all even before her body was found earlier this month. 

 

It does not surprise me that they did n't grant the humanitarian visa since the girl's mother is Illegal from Guatemala and he is in Guatemala right now. But it is sad all the way around in this case. 

 

https://www.dailymail.co.uk/news/article-6467497/Family-North-Carolina-teen-dead-gets-new-home.html

Edited by TBoneTX
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So had the father been to the US? Said the girl was born in the US.


“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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Heart wrenching - what occurred to that little girl


Sent I-129 Application to VSC 2/1/12
NOA1 2/8/12
RFE 8/2/12
RFE reply 8/3/12
NOA2 8/16/12
NVC received 8/27/12
NVC left 8/29/12
Manila Embassy received 9/5/12
Visa appointment & approval 9/7/12
Arrived in US 10/5/2012
Married 11/24/2012
AOS application sent 12/19/12

AOS approved 8/24/13

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Thread title has been edited to match (long) article title.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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I've realized my original post focused entirely on the thread typo's, and that came across as insensitive.  My apologies.

 

It is indeed horrible for this family. Wish we could handle these cases better. He may not have many ties to his home country but he has one very important tie to our country. The chance to say goodbye to his daughter.

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Interesting words from the lawyer.  I guess everyone got visitor visas under President Obama.  Makes me wonder why my now wife was denied twice for purely discretionary reasons even though she had much more stronger ties than this guy. 

 

'To tell you the truth, with past administrations, we never had a problem like this,'  Salem, an immigration lawyer based in Texas, told the New York Times.

'With [President Donald Trump's] administration, most everything that is discretionary is getting denied.' 


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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So nobody visits any long? NIV's are discretionary, so no Students etc etc.


“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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Mr. Aguilar lived in the United States when his daughter was an infant but moved back to Guatemala around 2005, she said.

 

No mention of how he was living in the US.


“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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22 minutes ago, Bill & Katya said:

Interesting words from the lawyer.  I guess everyone got visitor visas under President Obama.  Makes me wonder why my now wife was denied twice for purely discretionary reasons even though she had much more stronger ties than this guy. 

 

'To tell you the truth, with past administrations, we never had a problem like this,'  Salem, an immigration lawyer based in Texas, told the New York Times.

'With [President Donald Trump's] administration, most everything that is discretionary is getting denied.' 

I'm sure that information is accessible to someone, though probably not published data. They must keep track of their denial rates and one could look at how they have risen (or not). Probably even look at the reasons for the denial and whether certain ones have gone up. Would be interesting, but I don't know if it's public information.

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Plenty of experience here on VJ, why have we not seen such changes?


“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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25 minutes ago, Boiler said:

Plenty of experience here on VJ, why have we not seen such changes?

Is someone on VJ quantifying denials in an objective way? Or are you just asking why we haven't seen a qualitative change? 

 

I'm asking for data. I hate qualitative assessments (which include what the lawyer said). People's viewpoint is easily influenced by their own experience, and their own biases. Not to mention getting data from a forum is going to be highly influenced by reporting bias to the degree that even if we had an objective assessment from these forums, I wouldn't really lend it much weight.

Edited by bcking

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1 hour ago, Boiler said:

Mr. Aguilar lived in the United States when his daughter was an infant but moved back to Guatemala around 2005, she said.

 

No mention of how he was living in the US.

As sad as this story is if this guy was previously here illegally there is a legitimate concern that he could overstay the visa.


morfunphil1_zpsoja67jml.jpg

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2 hours ago, bcking said:

I'm sure that information is accessible to someone, though probably not published data. They must keep track of their denial rates and one could look at how they have risen (or not). Probably even look at the reasons for the denial and whether certain ones have gone up. Would be interesting, but I don't know if it's public information.

Looking at the stats comparing 2017, and 2016 specific to Guatemala, it looks to run around 47-48% refusal for B1/B2s with 2016 being slightly higher.  There appears to be a big jump for Guatemala in 2015.

 

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/refusalratelanguage.pdf

 

Go to the links in section 7.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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