Ben Thardunthat

but you forgot to tell us where you were working in New Orleans....and I'm not your bloody 'mate.'

perhaps, but now your recent denial is in the system and you may well be rejected...no one who has a 'real job' could realistically spend months and months in the US, doing nothing. I would guess (as did the VO) that you were likely 'supplementing' your $3000 with some work on the side (at a friend's bar, for example). Working age folks have virtually no reason to spend 6-9 months a year in the US, 'vacationing.' Vacationing costs a lot of money in this country, and one cannot survive on $500 a week...let's see....hotel...$75-100 a day, food $30-50 a day, transportation (i.e. rental car, $200 a week at least), entertainment (movies, amusement parks, admissions to this or that) $50-100 a week....that adds up to about $1500-1600 a week not counting gasoline. So that's two weeks for three grand....which means doing something else to earn the money needed to pay for the balance of your last 'vacation.' And $7000 for six months is laughable. No doubt we are about to hear about all of your good friends who are the most philanthropic individuals on the planet, who, without a care in the world of their own, are gladly letting you stay with them at no charge, who are buying your meals, loaning you their car and paying for gas, and taking you to the movies 3 days a week, including popcorn....sure....who wouldn't believe that?

again, there is no legal means of forcing a third party to pay for expenses, etc, on behalf of another.....those letters of 'support' are merely window dressing. The VO is not really interested in reading or even considering such letters....what matters is whether or not the VOs believe that the applicant will depart the US when they say, and again, not engage in unauthorized employment (which, BTW, includes babysitting so parents can go to work and not have to pay for child care).

No one, repeat, no one can 'take responsibility' for expenses or activities of somebody admitted to the US in B2 status...for the simple reason that no one, save perhaps ICE, has any legal authority over another, nor can anyone be legally compelled to bear the costs of somebody else's visit.

And remember, the I-134 is not legally enforceable...in fact, nothing you write on a piece of paper is enforceable. Your MIL will have to convince the VO that she will return to Nigeria when she says, and not engage in unauthorized employment while in B2 status. You play no role in that process.

I don't have a solution that is guaranteed to work...all I have said is that letters whose purpose is to somehow dissuade the VOs from applying the standards of 214b are not worth anything.....promises made by anyone on behalf of a visa applicant are not legally binding and therefore not considered. He will just have to do the convincing himself, for that reason. A lot of people place (or misplace!) value on these types of letters, notarized or not (a notary stamp merely acknowledges the identity of the person who signed said document; it does not make that document any more credible than it was, nor make the contents suddenly the rule of law), but in reality, they are pretty much worthless. Remember, generally speaking, the VOs don't care why someone wants to go; only why they will return.

AP for many cultures will likely take a lot of time.

no....just don't be surprised if his application is denied.....again, work contracts from some foreign country have absolutely no value...they are not enforceable, there is no penalty that will befall said nephew if he fails to return and take up whatever employment might have been offered to him...such a piece of paper can easily be manufactured locally....and it is not legally binding upon him.

A jet airplane would be the fastest way of getting to the US....

Taking care of somebody, providing assistance in any way, is considered work...something that is not allowed for B2 visa holders...the VOs don't care what the reason is for GOING to the US; they only care about the reasons for LEAVING the US (and not violating the terms of the visa class being sought)...if no one accompanied said elderly relative, then somebody in the US would have to PAY for some sort of care...which is.....work. Game over.

More than likely the nephew will be denied, but if miraculously approved, he will be in AP for months, given his nationality.

this nephew is not a qualified care give, and there are other relatives currently living in the US who can help.....

the OP pointed out that he/she will be primarily taking care of the elderly relative; hence, no need for the nephew to 'hang around' for two months, holding the old guy's hand. This concept makes no sense. There are plenty of assistants working for airlines who can help the guy on and off the plane, and once he arrives, other relatives already living in the US can take over.

This particular excuse is one often tried, with the vain hope that a VO will somehow be sympathetic and overlook the lack of ties or other things regarding the accompanying applicant.

No one needs to 'accompany' another person for two months.....

in order to get a waiver for a non immigrant waiver, you must first overcome 214 b, and no VO with any experience is likely to believe your story, having violated our laws in the past. Without overcoming 214b, you cannot even apply for a waiver. A lawyer cannot force the VO to 'reconsider' their decision....all that will happen after contacting some attorney is your wallet will be emptied. The VOs no longer care why you want to go to the US...you had your chance before, you demonstrated that having been given that privilege was a mistake, and the VOs won't repeat it again...there are lots of bona fide tourist/business visa applicants out there...you aren't one of them. Whose fault is that? Yep. Yours.

and hardship to some relative is NOT a consideration when (and if) seeking a non immigrant visa waiver...

An I-134 is NOT LEGALLY ENFORCEABLE, therefore, it has NO positive effect on the outcome of a tourist visa application.....none....zero....nada...and the applicant must apply for the visa him or herself...no one in the US can apply for a tourist visa for anyone.

Such a letter is meaningless...you cannot be forced to pay for any of his expenses, no matter what you write on a piece of paper, nor can you guarantee he will depart the US because you have no legal authority over him....you cannot force him to go to the airport or board the plane or do anything, for that matter. Two months...??/ few companies from developing countries dole out two month paid vacations, which suggest other potential issues....at the end of the day, your nephew must convince the consular officer that he is arriving as a tourist, not as a nurse or caretaker (which is considered work, which is not allowed on a tourist visa, no matter what you may think about that....if your father needs some assistance, you will have to PAY for it...taking care of relatives is considered work...period.)

while your heart might be in the right place (I am not a fan of visa abusers either), sadly, due to a Congress who gives only lip service to border security, and who, amazingly, is poised to reward 11 million + visa cheats and border jumpers with some form of work authorization and/or eventual citizenship (which will make a mockery of our current visa laws), no one will likely give you the time of day, even if you had videos of these visa abusers working and collecting $$$....there just isn't enough political will power to enforce our current laws..which is sad....and I can't think of a single reason why this should be except a cynical one: Big Business wants the cheapest labor they can find, and are willing, with the savings, to pour cash into campaign coffers of the very folks who are supposed to represent us, to 'encourage' them to pass laws that keep the supply of cheap labor abundant, while lowering corporate tax rates....anyway, good luck...hope somebody answers the phone....

A one man crusade.....no doubt we will read about your exploits at CNN....

I understand only too well, and no matter what may or may not happen to those alleged B1 abusers, it won't change a single thing about your wife's niece ability to obtain a tourist visa....if in fact said group received a ban or had their visas cancelled, the VOs are not going to call the niece and say 'good news...thanks to that 'rich' American dude who ratted out those visa abusers, why, we are going to overlook section 214b of the INA and award you a visa....and we won't even charge you a penny!'....not too likely.

The laughter from the consulate will be loud...all your fluffing of feathers won't change a single thing....a simple fact to consider....no one, save for ICE officials, have any authority over another human being who is in the US...which means YOU cannot legally force your wife's niece to board a plane when it's time to go home....you cannot make her do anything, no matter how many dollars are currently in your bank accounts, no matter how important you think you are. Trying to tattle out some other group of folks who may or may not be abusing their B1 visas won't even generate a phone call from ICE...nor will your tantrums somehow convince the VOs of their error of their ways...and certainly will not cause them to suddenly reach for the approval stamp for a future application of your wife's niece....there is no cause and effect by anyone's attempt to influence a VO....it's been tried umpteen thousands of times...to little or no avail. As you also discovered, your favorite senator could not influence the VO's decision (for one simple reason: Senators and congressmen are in the legislative branch of our government, while the DoS is in the executive branch; and, calling upon a class from Govt 101, no member of one branch can tell another what to do....and you could try to stuff all the money you want into your senator's pocket and the end result will be the same...all he or she can do is write some boiler plate letter, to which the consulate will respond with their own boiler plate letter....and their decision will remain unchanged. And how is that 'hardworking person's 'business' going survive during her absence? Oh yes....thanks to the 'help' of those mythical relatives who will jump right in from the rice paddies and run the biz while the niece is out shopping for a husband...

Yes, one must have met in order to meet the initial qualifications for a K1 application, but that fact does not bestow any unique status upon your 'friend'...and as I said before, far too many young women from Russia have 'changed their mind' (as did their American BF) once they picked up their luggage at the airport....your attempts to claim that you have no intention of this or that does not have any positive effect on her application for a tourist visa...stating it in a letter; meaningless; having said letter notarized does not make it any more credible (besides, the only thing a notary does is verify that the person who wrote or signed something was that person - a notarized document's contents are no more valuable than old newspaper.

Your problem(s) getting a B2 visa exist because of the pervasive past abuse of the visa privilege by others...and the VOs are going to be understandably reluctant to get burned on 'their watch.'

I have several friends currently working in the foreign service, a couple of whom work directly with visa issues and Afghanistan...their reports regarding visa abuse are sobering...something like 95-98% of those issued visas from Afghanistan never return.....that's a figure that is far too high to even think that a VO might give a new applicant who has some 'friend' in the US the tiniest benefit of the doubt.

99% of US citizens cannot legally bring a domestic employee to the US on any type of visa...only if that citizen is subject to frequent and regular overseas assignments and does not, on average, spend more than about 4 years working consecutively in the US....which generally applies to foreign service employees and perhaps a few employees from a handful of international corporations....but for the everyday Joe and Jane, no.

the overstay rate for Afghan visa holders is off the charts...which should not be surprising, given the state of affairs in that country....

Far too many young, single Russian women have 'forgotten' to return to their country after arriving on a tourist visa, after having 'accidentally' met up with their 'friend' who turned out to be none other than their fiancée.....and most VOs have seen this particular outcome far too often....trying to disguise what's really going on by having her apply with another friend or make up some questionable 'business related' excuse will also be very transparent...better to man up and apply for the K1 visa....far simpler...fewer headaches..

to the OP: While as a citizen you can enter the embassy, you cannot obtain information about a visa denial, other than generic info. Your appearance at the embassy everyday (allegedly) won't put any pressure on any VO, no matter how experienced or inexperienced he or she may be. You cannot control their decision making, nor can any senator or any 'big shot' friend of yours. Oddly, you claim you and your wife will be attending the niece's interview; but you will quickly discover that you will not be allowed to do so, no matter how you may rant and rave about your 'rights.' You have none as far as this process goes....zero....nada....in spite of all of your 'vast wealth.'

And, if indeed you attempt to accompany her, well, her visa request will be denied even faster....why? because your presence in Cambodia, along with your wife's, means there will no need for the niece to travel in order to visit with your spouse! You will have resolved the 'gosh, I miss my niece' issue instantly.

No U.S. laws will be changed because you might decide to throw a fit in the embassy, or make 'demands' that the entire process be changed to suit you....what you will discover is that if you create enough of a disturbance, you will be placed on the 'no admittance' list..and then you will NOT be allowed to enter the embassy without the permission of the consul general....because all they have to do is state that you are now a security risk..and the end of your daily visits to pester the consular staff.

While local Cambodian citizens work inside our embassy, as other foreign nationals do in every country in which we have an embassy, they are not empowered to adjudicate visas...only VOs (who must be USCs) are legally empowered to do so...without any influence from ANY third party.

Your 'pedigree' or bank account or anything else you may have or possess bears ZERO positive bearing on the eventual adjudication of a tourist visa....every applicant must convince a VO that he or she will depart the US when they say, and not engage in unlawful employment while in tourist status....there is absolutely nothing you can do to enhance her chances of getting said visa....waving your bank statements around or threatening to call your senator will be met with a loud yawn....you cannot do anything to change the VO's mind, or our laws.

You will no doubt soon discover this fact.....