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Please help in my case.  I won this year.  My wife had canceled her visa five years ago by the US Embassy.  When we asked them the reason, they told that we left our minor daughter in the United States and did not bring her in time to her homeland.  My daughter did not violate US laws and returned home before her school visa expired.

 Will this affect to my interview?  please reply

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Probably not, depending on what happened.


“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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36 minutes ago, Boiler said:

Probably not, depending on what happened.

Let me explain please. My daughter had F1 visa, my wife had B1/B2 . My wife stayed there just one month and then return back home. My daughter studied about three months. My wife wanted go to USA and bring her but the embassy called her and cancelled her visa . This is what happened. 

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25 minutes ago, Aghad said:

Let me explain please. My daughter had F1 visa, my wife had B1/B2 . My wife stayed there just one month and then return back home. My daughter studied about three months. My wife wanted go to USA and bring her but the embassy called her and cancelled her visa . This is what happened. 

How old was your daughter and what was she studying on F1?

i don’t see how this would be a problem for your DV, though from what you’ve said so far I also don’t understand why the B visa was cancelled.

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1 hour ago, SusieQQQ said:

How old was your daughter and what was she studying on F1?

i don’t see how this would be a problem for your DV, though from what you’ve said so far I also don’t understand why the B visa was cancelled.

She was 15 okd years. When my wife left her in the States, we made and adoption to our one relative. But this relative travelled to Canada and couldn't adopted her more. She didn't study in official school. The embassy cancelled my wife's visa due to that she left the minor child without adoption. So does my wife violated visa regime and may this effect to my case ???? Thanks my dear for your help. 

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How did your daughter get an F1 for high school? Did she enter on a B1/B2 visa with your wife and then filed to adjust status for an F1?

 

What do you mean that your daughter "didn't study in official school?"  What type of school was it?  If your daughter was not attending the school designated on her F1, then she violated the terms of her visa.  It doesn't matter if she returned home before the visa expired.  She had have already violated it.  

 

Adoption does not equal a green card.  Did you think that a relative adopting her would allow her to immigrate to the US?

 

It appears that the US Government thinks that your wife abandoned your daughter in the US and made her an illegal immigrant, and that was why your wife's visa was cancelled.  

If you were participate in the adoption and other mess, then it could affect your case since you are her parent.  

 

Edited by aaron2020

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You're probably looking at a violation of INA 212(A)(6)(E) - INA 212(a)(6)(E) provides that “any alien” who “at any time”...”knowingly”... has “encouraged, induced, assisted, abetted or aided”...”any other alien”...”to enter or to try to enter the United States” in violation of law is ineligible for a visa and inadmissible to the United States.

 

The government is going to argue she tries to get your daughter into the US under false pretenses to be "adopted". Sounds like they're right. Why were you trying to give your own child up for adoption?

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8 hours ago, Aghad said:

She was 15 okd years. When my wife left her in the States, we made and adoption to our one relative. But this relative travelled to Canada and couldn't adopted her more. She didn't study in official school. The embassy cancelled my wife's visa due to that she left the minor child without adoption. So does my wife violated visa regime and may this effect to my case ???? Thanks my dear for your help. 

What do you mean, she didn’t study in official school? That would have violated the F1 visa terms. It does sound like you misrepresented the purpose of the visa for your child. It’s hard to say if it will have an effect. Normally if it’s “just” a case of immigrant intent on a non-immigrant visa, then it’s not a problem for a future immigrant visa. But this sounds all way more complicated, including leaving a minor child behind without making adequate arrangements for her care. I have no idea to be honest how a CO will view this.  

Edited by SusieQQQ

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21 minutes ago, Mollie09 said:

 

The government is going to argue she tries to get your daughter into the US under false pretenses to be "adopted". Sounds like they're right. Why were you trying to give your own child up for adoption?

That’s probably the easiest part of the situation to answer, considering OP’s country of origin and the fact that people try to get better lives for their children. 

Unfortunately it doesn’t excuse violating immigration laws.

Edited by SusieQQQ

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18 minutes ago, SusieQQQ said:

What do you mean, she didn’t study in official school? That would have violated the F1 visa terms. It does sound to be honest like you misrepresented the purpose of the visa for your child. It’s hard to say if it will have an effect. Normally if it’s “just” a case of immigrant intent on a non-immigrant visa, then it’s not a problem for a future immigrant visa. But this sounds all way more complicated, including leaving a minor child behind without making adequate arrangements for her care. I have no idea to be honest how a CO will view this.  

Thanks for your help. Yes she violated the F1 visas regulations, but she was a child under 16 years old. So let me see what will happen in the interview. :(

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27 minutes ago, SusieQQQ said:

That’s probably the easiest part of the situation to answer, considering OP’s country of origin and the fact that people try to get better lives for their children. 

Unfortunately it doesn’t excuse violating immigration laws.

But adopting the daughter out to other people would provide no immigration benefit

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3 minutes ago, Mollie09 said:

But adopting the daughter out to other people would provide no immigration benefit

What you said is true, but lots of people make the assumption that adopting is a quick work around to getting someone a green card or US citizenship.  They assume incorrectly and do this all the time.  Questions about adopting and immigrating are common on VJ.  

Edited by aaron2020

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23 minutes ago, Aghad said:

Thanks for your help. Yes she violated the F1 visas regulations, but she was a child under 16 years old. So let me see what will happen in the interview. :(

Yes, but you and your wife were the adults responsible for her. She didn’t get an F visa and decide to do all this and fly out there on her own, obviously. 

15 minutes ago, Mollie09 said:

But adopting the daughter out to other people would provide no immigration benefit

Many people just assume adoption by someone in the US gives the child a right to a green card. Doesn’t sound like they did much research into anything.

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Look, the bottom line is that you may as well go for the visa interview because the worst they can do is refuse you and it’s obviously a great chance for you, but be prepared for a tricky interview that may or may not be successful. 

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41 minutes ago, Aghad said:

Thanks for your help. Yes she violated the F1 visas regulations, but she was a child under 16 years old. So let me see what will happen in the interview. :(

True, but . . . .  she decided to get an F1 visa, violate the terms of her F1 visa, and arrange the adoption by herself at age 15?  Or did you and your wife arrange everything?

 

 

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