Reapplying Advice

[Rajshiri 0]

Hello members,

I applied for a US visa in June to visit my sister, but it was rejected. I'm planning to reapply and need advice:

1. Apply with family: My parents are apply as my sister is expecting a baby and we have a letter from doctor.

2. Apply separately with the same reason.

3. Apply for a work-related purpose with a letter from my US-based remote job.

Your insights would be much appreciated. Thanks!

[Sm1smom 242]

Why was your first application denied? That is what you need to address, and not necessarily the reason for applying/reapplying. 

[Rajshiri 0]

@Sm1smom I can't pinpoint the exact cause, but my visa application was denied under section 214(b). During the interview, they posed a few inquiries about my trip's purpose, my sister's citizenship status, her occupation, my own occupation, and my involvement in my father's business. However, it seemed that the interviewer had difficulty comprehending the nature of our business and the products we sell. Interestingly, they did not request any documents from me.

[Crazy Cat 39,264]

5 minutes ago, Rajshiri said:

@Sm1smom I can't pinpoint the exact cause, but my visa application was denied under section 214(b). During the interview, they posed a few inquiries about my trip's purpose, my sister's citizenship status, her occupation, my own occupation, and my involvement in my father's business. However, it seemed that the interviewer had difficulty comprehending the nature of our business and the products we sell. Interestingly, they did not request any documents from me.

You were denied because you didn't overcome the assumption of immigrant intent.  You can reapply, but I wouldn't expect a different outcome unless you can demonstrate stronger ties to home country.  Good luck.  

[Sm1smom 242]

INA 214(b) denial means you:

• Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
• Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.) 

So modifying or changing the purpose of your visit, or applying with your parents will not overcome the denial. The CO does not need to request or review any additional documents in order to arrive at the conclusion(s) leading to the denial. The information on your DS160 form and the answers to the questions you were asked at the interview were enough for them to arrive at a presumed immigrant intent. 

[Boiler 43,446]

As far as your question is concerned if you want to travel for Business apply on that basis, if you wish to visit your Sister mention that, if you want to do both say so.

 

You are employed by a US company?

[Rajshiri 0]

@Sm1smom @Crazy Cat I'm uncertain about the most effective way to demonstrate my tier. I'm 24 years old, single, and self-employed as a remote worker while also managing my father's business. Over the past seven years, I haven't traveled, and I don't possess any property or assets at this time.

@Boiler Working as a Independent Contractor

[Boiler 43,446]

You cannot demonstrate something that does not exist. 

[Rajshiri 0]

@Boiler I'm not sure what do you mean by "You cannot demonstrate something that does not exist. "

[Crazy Cat 39,264]

5 minutes ago, Rajshiri said:

@Sm1smom @Crazy Cat I'm uncertain about the most effective way to demonstrate my tier. I'm 24 years old, single, and self-employed as a remote worker while also managing my father's business. Over the past seven years, I haven't traveled, and I don't possess any property or assets at this time.

@Boiler Working as a Independent Contractor

That pretty well explains why you were denied.  No strong ties to home country.

Edited October 9, 2023 by Crazy Cat

[Boiler 43,446]

Short version is your situation is what it is, unless it changes significantly then your chance of a Visitor Visa is extremely limited.

[Rajshiri 0]

@Crazy Cat So there is no way I can get the visa? What could be the better way to make my profile strong? 

[Crazy Cat 39,264]

1 minute ago, Rajshiri said:

@Crazy Cat So there is no way I can get the visa? What could be the better way to make my profile strong? 

By US law, everyone who applies for a tourist visa is already assumed to have the intent to stay in the US illegally.  It seems, to me, that someone with your profile would have a difficult task to overcome that assumption.  You can reapply (and hope a different CO evaluates your application), but I wouldn't expect a different outcome.  

[Boiler 43,446]

In the long term family, job you would be crazy to leave, whatever shows that you would go home.

[Rajshiri 0]

@Crazy Cat @Boiler The only thing i could do is to have a short visit to different country that requires a visa but still I'm not sure it would have any impact.