Need help about B2 visa refusal after having lost prior issued but unused visa.

[Crazy Cat 44,410]

Just now, designguy said:

Never said they always make good judgement, but they all go through the same training and have a set standard to use to evaluate a petition. Its possible another agent may have evaluated differently but its unlikely. At this point the only thing she can do is apply again. 

Seems to me that she was nervous and unsure of her written and verbal answers......that probably raises a lot of suspicion.....

[needtoask 0]

1 minute ago, designguy said:

Never said they always make good judgement, but they all go through the same training and have a set standard to use to evaluate a petition. Its possible another agent may have evaluated differently but its unlikely. At this point the only thing she can do is apply again. 

they didn't even look at her documents. So, it's purely on his instinct. It's really subjective. Yes, she was stressed, but that doesn't mean being stressed is because you want to leave a good life and live like a homeless in the USA. She doesn't even speak English. That's just dumb thinking. 

 

So, you all say what should she answer to the reason of her denial: the thruth. Of course she will, but what : just" not enough ties to home country'" or explain that she had a visa issued but she hasn't used it? 

[Crazy Cat 44,410]

6 minutes ago, needtoask said:

they didn't even look at her documents. So, it's purely on his instinct. It's really subjective. Yes, she was stressed, but that doesn't mean being stressed is because you want to leave a good life and live like a homeless in the USA. She doesn't even speak English. That's just dumb thinking. 

Looking stressed could mean a person is hiding something.........and all the CO needs is to SUSPECT she is not being honest.......it's that simple.

Edited December 23, 2019 by missileman

[Boiler 47,446]

7 minutes ago, needtoask said:

they didn't even look at her documents. So, it's purely on his instinct. It's really subjective. Yes, she was stressed, but that doesn't mean being stressed is because you want to leave a good life and live like a homeless in the USA. She doesn't even speak English. That's just dumb thinking. 

 

So, you all say what should she answer to the reason of her denial: the thruth. Of course she will, but what : just" not enough ties to home country'" or explain that she had a visa issued but she hasn't used it? 

What documents?

 

What do Canadian benefits have to do with her? She wants to visit.

[needtoask 0]

Just now, Boiler said:

What documents?

 

What do Canadian benefits have to do with her? She wants to visit.

if she overstays...same as US who are afraid of people staying in the US 

4 minutes ago, missileman said:

Looking stressed could mean a person is hiding something.........and all the CO needs is to SUSPECT she is not being honest.......it's that simple.

but if she has another interview and isn't stressed ...could it work or she's doomed forever. What would be written in the computer system about her last interview? 

[needtoask 0]

2 minutes ago, Boiler said:

What documents?

 

What do Canadian benefits have to do with her? She wants to visit.

The documents: her job letter, bank statements, etc. 

[Crazy Cat 44,410]

1 minute ago, needtoask said:

but if she has another interview and isn't stressed ...could it work or she's doomed forever. What would be written in the computer system about her last interview? 

The fact that she has traveled, then returned to her country will be of benefit, imo.  All she can do is to reapply.  She has nothing to lose, other than the $160 USD.

[Boiler 47,446]

1 minute ago, needtoask said:

The documents: her job letter, bank statements, etc. 

Why do you think they did not believe she had a job, or a bank account?

[designguy 1,179]

1 minute ago, needtoask said:

The documents: her job letter, bank statements, etc. 

All of those can easily be faked, COs are generally not interested in any documents you bring

[needtoask 0]

15 minutes ago, Boiler said:

Why do you think they did not believe she had a job, or a bank account?

I didn't say they didn't believe her. I said that they didn't look it up. 

[needtoask 0]

For the new ds-162 form.

At the question: have you ever been issued a US Visa, She would say ' yes ' and then enter the approx date of the issuance. 

 

to the question: has your visa ever been lost or stolen. she would answer yes; 2017; and explain: 

I LOST MY PASSPORT IN 2017 WHEN I MOVED FROM X CITY TO Y CITY TO   LIVE WITH MY MOTHER AND UNCLE AFTER MY SEPARATION. 

I REALIZED THIS IN NOVEMBER 2018 BEFORE APPLYING FOR THE B2 VISA IN DECEMBER 2018. 

 

At the question: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?, she would answer yes; 

I WAS DENIED A TOURIST VISA IN DECEMBER 2018 IN X CITY SHOWING THAT I HAVE NOT ENOUGH TIES TO MY HOME COUNTRY. 

WHEN I FILLED MY DS-160 BEFORE THE INTERVIEW, I DID A MISTAKE FOR THE "HAVE YOU BEEN ISSUED A US VISA" AND ANSWERED NO AND THOUGHT I COULD TALK TO THE AGENT ON THE INTERVIEW DAY BUT THE INTERVIEW PASSED SO FAST I DIDNT HAVE THE OPPORTUNITY. 

I WAS ISSUED A VISA IN 2009. I NEVER USED IT AND VISITED THE USA BUT I LOST MY PASSPORT IN 2017. I FORGOT TO DECLARE MY LOST PASSPORT AND VISA, BUT I GOT A NEW PASSPORT IN NOVEMBER 2018. 

 

[Boiler 47,446]

2 minutes ago, needtoask said:

I didn't say they didn't believe her. I said that they didn't look it up. 

If there were interested in checking her employment then there certainly is not time during what is a very short interview. 

[designguy 1,179]

1 minute ago, needtoask said:

At the question: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?, she would answer yes; 

I WAS DENIED A TOURIST VISA IN DECEMBER 2018 IN X CITY SHOWING THAT I HAVE NOT ENOUGH TIES TO MY HOME COUNTRY. 

WHEN I FILLED MY DS-160 BEFORE THE INTERVIEW, I DID A MISTAKE FOR THE "HAVE YOU BEEN ISSUED A US VISA" AND ANSWERED NO AND THOUGHT I COULD TALK TO THE AGENT ON THE INTERVIEW DAY BUT THE INTERVIEW PASSED SO FAST I DIDNT HAVE THE OPPORTUNITY. 

I WAS ISSUED A VISA IN 2009. I NEVER USED IT AND VISITED THE USA BUT I LOST MY PASSPORT IN 2017. I FORGOT TO DECLARE MY LOST PASSPORT AND VISA, BUT I GOT A NEW PASSPORT IN NOVEMBER 2018.

The bolded is irrelevant to the question asked

[Boiler 47,446]

Just now, designguy said:

The bolded is irrelevant to the question asked

Agree

[geowrian 22,339]

36 minutes ago, needtoask said:

Ok, so the CO are perfect, they always make the good judgement? Righhhhhhhhht.

And maybe another agent would think differently 

They make lots of decisions that turn out wrong. That's how many (long-term) overstays happen in the first place. They err on the side of caution because the INA requires that they must presume immigrant intent until they are convinced otherwise.

That would essentially be asking them to overrule their coworker. Can it happen? Yes. Is it likely? Not at all.

 

30 minutes ago, needtoask said:

they didn't even look at her documents. So, it's purely on his instinct. It's really subjective.

Documents rarely are looked at. Anybody could obtain documents fairly easily and quickly.

Yes, it is a judgement call entirely within their discretion based upon the limited information they have available to them. they don't know their life history or the applicant personally.

 

1 minute ago, needtoask said:

I didn't say they didn't believe her. I said that they didn't look it up. 

Why would they need to? It doesn't sound like they were questioning her employment. It just wasn't enough to convince them.