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NB5347

Have you ever been approved entry after being denied?

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Filed: K-1 Visa Country: Spain
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I am looking for info, specifically Mexican nationals that have been previously denied entry to USA on a B1/B2 visa. I am looking for info for my aunt to see if there is absolutely any hope for her. She received a 10 year ban to re enter USA after overstaying a work visa in 2010. She applied in 2015 and (obviously) was denied due to not completing the 10 years. I think they called it asking for a perdon which was not granted. Both her kids and ex husband still live in USA (for me this is even more reason why they would keep saying no to her). Her kids are on the DACA program, not sure on ex husband. She owns a house in Mexico and has a job (though it’s a new job). I find these to be strong evidence that she would have intent to stay in USA as they also think she is single tho she’s been in a relationship with a man for 6 years in Mexico and they have lived together for 5 years. 
 

Is there any hope for someone like this at all? She was just denied on 214b reasoning (which again I completely would agree on that reasoning based on presentation and previous overstay). She has also not seen her children for 13 years, they have never sought out an advanced parole to come visit her. Can anyone help give me insight if you’ve been in this situation??? 

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Filed: K-1 Visa Country: Wales
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She can certainly try, it appears her ban is up. The maximum ban would be 10 years. Well assuming there is nothing else in her record.

 

You have listed quite a few reasons they would say no and no obvious reason they would say yes.

 

 

“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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Filed: K-1 Visa Country: Spain
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16 hours ago, OldUser said:

Freudian slip?

 

I think children should get their immigration status sorted and visit her back in Mexico.

Not Freudian slip. I am just trying to think like the consular officers. I’m trying to think of the worst of how they could think. For me, it makes sense why she was denied. Not because she would stay, I know she would not. She has a long term relationship and a job and life in Mexico again but from what I’ve gathered from talking to others… she needs a strong case as to why she would NOT stay and how her entire life is in Mexico. That, in my opinion, was not presented well AT ALL with the lawyers they worked with. 
 

i agree her kids should visit her. Thanks

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Filed: K-1 Visa Country: Spain
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16 hours ago, Boiler said:

She can certainly try, it appears her ban is up. The maximum ban would be 10 years. Well assuming there is nothing else in her record.

 

You have listed quite a few reasons they would say no and no obvious reason they would say yes.

 

 

Nothing else on record. No criminal record in Mexico. What would be obvious reasons as to how they could ONLY say yes? 
 

In my opinion, she’d need to show proof she’s been with her boyfriend for 6 years in Mexico. She’d need to show her deed to the home she owns in Mexico and also have a longer time at her current job to show stability at that specific job. Would there be anything else you’d recommend? 

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Filed: K-1 Visa Country: Wales
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4 minutes ago, NB5347 said:

Nothing else on record. No criminal record in Mexico. What would be obvious reasons as to how they could ONLY say yes? 
 

In my opinion, she’d need to show proof she’s been with her boyfriend for 6 years in Mexico. She’d need to show her deed to the home she owns in Mexico and also have a longer time at her current job to show stability at that specific job. Would there be anything else you’d recommend? 

No

 

Please keep us updated.

“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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2 hours ago, NB5347 said:

In my opinion, she’d need to show proof she’s been with her boyfriend for 6 years in Mexico. She’d need to show her deed to the home she owns in Mexico and also have a longer time at her current job to show stability at that specific job. Would there be anything else you’d recommend? 

 

The problem she's got is that any of those ties will pale in to insignificance when it comes to the tie to her children. So I think she's got an uphill battle as it will always be assumed that she wants to stay with her children.

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