Visa denial help

[Jayr11 2]

Hello everyone, I'm curious on what people think and looking for some advice. My cousin recently had her tourist visa interview. She's a Filipino national who's been living and working in Dubai for 8 years. She wanted to come and visit us here in the states as we haven't seen her in years and it would be a nice break for her. She has never been to the US and this was her first interview for a visa. She was asked the typical questions, what do you do for work, how much do you make, what are your intentions in the US. The interview was fairly quick. The officer stated she didn't pass and handed her the generic denial letter which states that she did not demonstrate that you have ties that would compel you to return to your country after visiting the US. She brought a lot of documentation showing her employment contract and also a recently renewed lease for her apartment in Dubai. She was unable to show any of this to the officer to plead her case. 

 

She has every intention of leaving the US after visiting. She would only be here for a month as she needs to return for work. She would be staying with me and my mother (her aunt) and have housing and food expenses covered. It's so frustrating that she wasn't even able to show her documents proving she needs to return for employment. She brought banks statements, work letters, our information here in the States and they didn't look at any of it. 

 

Does anyone have any advice or suggestions on what she could do differently if she were to apply again? Thank you so much!

[millefleur 5,037]

12 minutes ago, Jayr11 said:

It's so frustrating that she wasn't even able to show her documents proving she needs to return for employment. She brought banks statements, work letters, our information here in the States and they didn't look at any of it. 

It's really common that they never ask to look at supporting documents. They're not required to. Frustrating but that's how it is.

 

If she has no family in Dubai but has family in the US, then it sounds like her ties are stronger to the US than Dubai.

 

 

[Jayr11 2]

8 minutes ago, millefleur said:

It's really common that they never ask to look at supporting documents. They're not required to. Frustrating but that's how it is.

 

If she has no family in Dubai but has family in the US, then it sounds like her ties are stronger to the US than Dubai.

 

 

Thanks for the info. They didn't even ask if she had family in Dubai. Her brother lives in Dubai as well but the rest of her immediate family lives in the Philippines. All they asked was why do you want to travel to the US, how much she makes and how long shes lived in Dubai. That was it.  Do you think it's worth another shot or more than likely the same outcome?

Edited March 9, 2022 by Jayr11

[Boiler 43,453]

It is her rmoney, but why would the result change without a change in circumstances?

[Jayr11 2]

1 minute ago, Boiler said:

It is her rmoney, but why would the result change without a change in circumstances?

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

[Boiler 43,453]

Usually it is down to the application

 

She can certainly apply as often as she wants to

[millefleur 5,037]

13 minutes ago, Jayr11 said:

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

I've heard stories about that but it's hearsay. Nobody can prove that this is how it really works and officially that is not how it works, officially it all comes down to the application and what ties are shown. It's generally not recommended to apply shortly after getting a denial because it looks like desperation to get to the US. I think to be on the safe side she should wait at least a year to apply again.

[JeanneAdil 6,203]

18 minutes ago, Jayr11 said:

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

the denied B1 attempt will show on the computer for the 2nd try and the outcome would be the same especially if the CO is the same as before

 

[SalishSea 16,776]

34 minutes ago, Jayr11 said:

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

Notes/records from previous applications are certainly considered with subsequent applications.  

 

She fits the profile of the typical tourist with immigrant intent.  May have better luck if she applies once back in Philippines.

[.yana 586]

44 minutes ago, Jayr11 said:

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

Perhaps during a first attempt.

Whenever she decides to reapply - she will have to overcome a previous denial. Regardless of how friendly the IO will be - she will be under more scrutiny. 

[Jayr11 2]

19 minutes ago, Jorgedig said:

Notes/records from previous applications are certainly considered with subsequent applications.  

 

She fits the profile of the typical tourist with immigrant intent.  May have better luck if she applies once back in Philippines.

Thank you for the info. We actually thought it would be the other way around. Better luck trying in Dubai with having a job to get back to rather than going home to PH and applying. Plus the wait time in PH for an interview is over a year. Only took 2 months in Dubai. 

[JeanneAdil 6,203]

1 minute ago, Jayr11 said:

Thank you for the info. We actually thought it would be the other way around. Better luck trying in Dubai with having a job to get back to rather than going home to PH and applying. Plus the wait time in PH for an interview is over a year. Only took 2 months in Dubai. 

it is hard to understand what immigration thinks at times

MIL applied for tourist visa when Adil just had a green card and was denied / we could not have done AOS for her to stay so she just would be a visitor and go home

now, he is a citizen and they approved one - go figure!!!! 

doesn't make sense to me

her circumstances have not changed 

[Redro 4,600]

6 hours ago, Jayr11 said:

I've read and been told sometimes it just comes down to the officer. Might have a better outcome with a different officer? Maybe I'm wrong on that. 

A friend of mine was denied twice (South African living in Korea) but given a visit visa on his 3rd try. 

I can't remember the specifics but applied once and then applied after a year. And then applied after two years. 

She can try again but she will need to show strong ties to her life and job in Dubai. Her verbal answers have to be convincing she shouldn't expect the documents to speak for her. 

When does her work visa in Dubai expire? Is her name on the lease or is her housing sponsored? 

Edited March 10, 2022 by Kor2USA

[Dashinka 23,252]

17 hours ago, JeanneAdil said:

it is hard to understand what immigration thinks at times

MIL applied for tourist visa when Adil just had a green card and was denied / we could not have done AOS for her to stay so she just would be a visitor and go home

now, he is a citizen and they approved one - go figure!!!! 

doesn't make sense to me

her circumstances have not changed 

That makes no sense to me.  If I were a CO, I would consider the ability of the applicant to AOS with their given circumstances/family ties to the US.  I suppose a lot of it comes down to bias.  My now wife tried twice to get a B2 and was denied both times, of course we don't know exactly why other than the typical "lack of ties" denial, she had no family in the US, a decent job, was paying for everything herself, etc., but still denied.  We chalked it up to the thinking that a single middle aged Russian woman was assumed to be too much of an overstay risk, and nothing she showed on the DS160 or brought with her to the interview swayed the CO otherwise.  I know the CO's are required by law to assume immigration intent, but it still seems much like a throw of the dice.

[KnoxThai 44]

Back when my then girlfriend applied to come to the US to visit, she was denied. She had many family members there, no family here, steady job, home, strong ties to her home country. It did not matter. They denied her without even much of an interview.

 

We were upset, as you would expect. She had no desire to stay here, and could not stay here as she had far too many responsibilities in her home country that she had to return to.

 

The sad part is that too many people lie and come here to stay on a tourist visa, which harms the honest folks coming here for legitimate reasons. Guilt by association.

 

Sorry to hear your story and I wish I could tell you that you might have a different result with another effort, but chances are you will receive the same answer.

 

If she has skills that are in demand here maybe she can come on a work visa.