Visitation/ tourist visa

[Shelia a Nalls 0]

I Invited friend to come to US for 30 days. He was denied visa due to ties to country. The consulate officer asked about me as sponsor. Then said you met online you are not qualified for visa. My friend was not asked or given opportunity to show documents. He had NOC letter, his responsibility of family home. He truly is to return to own country after visit.  What should he do now?

[Crazy Cat 39,350]

There is nothing for you to do....You can neither sponsor nor help....Consulate officers are under no obligation to look at his documents. 

[Shelia a Nalls 0]

Then how do they know if he qualifies. Ask one question  who is sponsor, and met online and of interview. by lawyer consulting says meeting online is not legal grounds for denial. He was not asked about ties to country but given a letter that states no ties. What should HE do, I know I cant do anything. 

 

 

Edited March 8, 2020 by Shelia a Nalls
Left out sentence

[Crazy Cat 39,350]

5 minutes ago, Shelia a Nalls said:

Then how do they know if he qualifies. Ask one question  who is sponsor, and met online and of interview. by lawyer consulting says meeting online is not legal grounds for denial. He was not asked about ties to country but given a letter that states no ties.

 

They know by the information he gave on the DS-160.......it's a judgement call by the Consulate Officer as to whether a person has overcome the presumption of immigrant intent.  As the letter stated, he did not prove sufficient ties to his country.

Edited March 9, 2020 by Lucky Cat

[Shelia a Nalls 0]

It is inaccurate assumption. if they think he wants to stay here. He plans to start a school there in Pakistan. Thanks for your reply. 

[geowrian 22,336]

15 minutes ago, Shelia a Nalls said:

It is inaccurate assumption. if they think he wants to stay here. He plans to start a school there in Pakistan. Thanks for your reply. 

Inaccurate or not, the CO is required to make that assumption under the INA.

 

To clarify, there is no such thing as sponsorship for a tourist visa. There is an option to list somebody as paying or the trip on the DS-160. Other than listing them, they have no role in the process.

[SalishSea 16,808]

24 minutes ago, Shelia a Nalls said:

It is inaccurate assumption. if they think he wants to stay here. He plans to start a school there in Pakistan. Thanks for your reply. 

Unfortunately too many of your fellow Pakistanis did just that, so now it is much harder to legitimately visit.....

[Shelia a Nalls 0]

Yes, I was paying for trip he had all by bank statements and letters. Does NOC letter count , as documentation that he has job he is expected to return to. 

[SalishSea 16,808]

Just now, Shelia a Nalls said:

Yes, I was paying for trip he had all by bank statements and letters. Does NOC letter count , as documentation that he has job he is expected to return to. 

I don't know what 'NOC letter' is, but evidently none of it counted enough for an approval.  He could try again in a year or so, if his ties to home are stronger.

[geowrian 22,336]

If they didn't look at the documentation, then the documentation was not deemed necessary to determine eligibility.

From a practical standpoint, obtaining false documents for employment and such is simple, and the COs don't have the time to verify them on the spot. They go by the information on the DS-160 (where the work would be noted), plus possibly the few questions asked at the interview.

[Boiler 43,556]

Apply once he has started his school, that sounds a substantial investment.

[SusieQQQ 11,584]

41 minutes ago, Shelia a Nalls said:

Yes, I was paying for trip he had all by bank statements and letters. Does NOC letter count , as documentation that he has job he is expected to return to. 

What is a NOC letter?

you met this person online and are paying for his trip just for a visit...is it really surprising the consulate finds the story dubious?  What is your relationship exactly?

 

1 hour ago, Shelia a Nalls said:

Then how do they know if he qualifies. Ask one question  who is sponsor, and met online and of interview. by lawyer consulting says meeting online is not legal grounds for denial. He was not asked about ties to country but given a letter that states no ties. What should HE do, I know I cant do anything. 

Doesn’t really matter what your online lawyer says. If the US embassy don’t believe he plans to return home, they are within their rights not to issue a visa to him. You wanna know how many people US consulates see who want visas to meet someone for the first time and promise to go home but amazingly fall in love and change their minds when they arrive, leaving all those ties behind at the drop of a hat?  Obviously they worry your friend will be another one of these.
 

By US law there is a presumption to immigrate and applicants have to overcome that to get a visit visa. The law is not really on the applicant’s side here because of where the burden of proof lies.

 

 

 

 

Edited March 9, 2020 by SusieQQQ

[African Zealot 1,453]

You won’t get helpful answers anywhere on USA visitor refusals. What you will get is conjecture because it’s almost akin to a lottery especially for applicants from developing economies. No advice is going to improve applicants odds significantly.

 

Simply apply again after a reasonable period of time has elapsed.

[NYCruiser 423]

19 hours ago, Shelia a Nalls said:

I Invited friend to come to US for 30 days. He was denied visa due to ties to country. The consulate officer asked about me as sponsor. Then said you met online you are not qualified for visa. My friend was not asked or given opportunity to show documents. He had NOC letter, his responsibility of family home. He truly is to return to own country after visit.  What should he do now?

Your letter probably did more to hard his application than anything else. It is a common misconception especially with many African countries. That is because countries like Ghana/Nigeria etc require a letter of invitation for their visitor visa application. Not so the USA. 

[Boiler 43,556]

3 minutes ago, NYCruiser said:

Your letter probably did more to hard his application than anything else. It is a common misconception especially with many African countries. That is because countries like Ghana/Nigeria etc require a letter of invitation for their visitor visa application. Not so the USA. 

Never been to either of those Countries but I have been to 30 odd, a few required visa's and I was not invited by anyone, just tourism. So there must be a tourist option.