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Jeremy & Mia

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  1. Like
    Jeremy & Mia reacted to alicia98981 in B2 Visa Denied - Philippines   
    I didn't say that. I said the State Department has preconceived notions based on a certain demographic or profile. The law states that everyone much be treated with immigrant intent to prove other wise. It is up to each individual to convince and change the mind of the CO that that is not the case. Maybe you have't heard of the stories of wealthy business men denied B1 visas for failure to establish strong ties who then set up their businesses in Canada or else where. If you scour these forums, you will find similar stories with similar questions and backgrounds. One was denied, the other approved. The law says that the decision is premade based on immigrant intent until that individual an convince the CO otherwise of your intentions, regardless of what your real intentions are deep down in the bottom of your heart. You essentially answered your questions.
    See this consular officers's statement for example: http://tribune.com.pk/story/563982/tips-on-getting-a-us-visa/
    She says
    "After a brief interview, the visa officer makes a decision about the applicant’s eligibility and explains it to the applicant. Unfortunately, not all applicants are eligible for visas, a fact driven by immigration law, not the officer’s personal opinion".
    Not true according to
    9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for Refusal (CT:VISA-1034; 09-24-2008) Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence. I find this hard to believe given that so many people on these forums have expressed that their interviewers didn't even look at their documents and asked 3 or 4 basic questions already answered on the DS-160. 9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip (CT:VISA-701; 02-15-2005)The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. . . provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature. So the CO determines the acceptable time frame to whatever the nature of the trip is, is how I interpret this.
    9 FAM 41.31 N2 RESIDENCE ABROAD 9 FAM 41.31 N2.1 “Residence” Defined (CT:VISA-1365; 10-29-2009) The term “residence” is defined in INA 101(a)(33) as the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. This does not mean that an alien must maintain an independent household in order to qualify as an alien who has a residence in a foreign country and has no intention of abandoning. If the alien customarily resides in the household of another, that household is the residence in fact. So for all those single, young men and women, who are just starting out with a job or have no job yet have sponsor that don't own property, a lot of them fit the type with weak ties then even if they have future plans that would bring them back to their home such as school or work. The statement above is likely ignored if you believe the post of people who have been denied for having weak ties. So again, who defines what a strong or weak tie is? 9 FAM 41.31 N4.1 Unlawful Activity While in Visitor Status (CT:VISA-1753; 10-21-2011)The law contemplates that an alien is traveling to the United States for legal purposes. Therefore, an application for a visitor visa must be denied in those cases where you have reason to believe or know that, while in the United States as a visitor, the applicant will engage in unlawful or criminal activities. That's basically in direct contradiction with the first law above because if the CO has any reason to believe in their professional personal opinion that the individual may be swayed to overstay their visit, i.e. breaking the law , because of weak ties home such as not owning a home (even though not owning a home is not considered abandonment under the law), not having a job, and being sponsored by another individual, you will be denied. It says believe meaning is in your opinion as the CO besides the obvious this personal will break a law. 9 FAM 41.31 N4.2 Adequate Funds to Avoid Unlawful Employment (CT:VISA-701; 02-15-2005) The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States. If some COs won't even look at the documents of people requiring sponsoring from people who say they are willing and able to pay, then clearly part of the law is not being enforced. And finally,
    FAM 41.31 N5 IMPORTANCE OF FACILITATING INTERNATIONAL TRAVEL You must be satisfied that the applicants have overcome the presumption of intending immigration. That alone speaks volumes.
    The only thing I can think of for a denial is 9 FAM 41.31 N3.2 Specific and Realistic Plans (CT:VISA-701; 02-15-2005) The applicant must have specific and realistic plans for the entire period of the contemplated visit. And honestly a lot of ones I have seen are kinda vague: I want to visit (insert family member), I want to see this city, I'm having a baby ( although I don't know how much more plan than that you can get).
    So I don't know how else you want to spin. That's my interpretation of the law how I read it, and based on what com mentors have stated as their own personal experiences, the law gives premeditated decisions that must be overturned by a CO.
  2. Like
    Jeremy & Mia reacted to alicia98981 in B2 Visa Denied - Philippines   
    Ok, if you say so. I disagreed with your initial post, and you seemed to have some opinionated answers to what seemed like a cut and dry story that to me didn't have reason to be denied. But yet you argue with everything someone comments on and fully and wholeheartedly support the same system that people are learning to navigate to be reconnect with family members and special friends. *shrug* Whatever you say . . .
  3. Like
    Jeremy & Mia reacted to apple21 in Parents applying for a B2/Tourist Visa - APPROVED!   
    This is a sample questionnaire that I found here on VJ. Credits to the creator, I forgot her username. 
     
    I filled out the questions and sent it to my parents for them to memorize.  This is really a helpful guide.
     

  4. Like
    Jeremy & Mia reacted to Margiee in Tourist Visa of Senior Citizen Parents from the Philippines   
    Thank you everyone for the responses. My parents got approved today. 
  5. Like
    Jeremy & Mia reacted to Margiee in Tourist Visa of Senior Citizen Parents from the Philippines   
    Hi everyone. My parents applied for tourist visa and their interview will be next week. I am very nervous as to the outcome but definitely very hopeful. They are both retired (both aged 70+), never been in the US, does not have a fat bank account. They have a house, small store, livestock and piece of land. I am their only child, they have no other direct relative other than a grandson from my late brother.Their reason for their visit is tourism and at the same time enjoy it as a birthday present. I understood that they should qualify based on their merits but it is just logical to say that we will cover their expenses as part of the birthday present and their bank account wouldn't justify if otherwise. I'm an LPR and we just want my parents to visit us this summer. What do you think their chances will be? I am planning of booking a refundable round trip ticket for them if it helps. 
     
    Any insight will surely help.
     
    Thank you
  6. Like
    Jeremy & Mia reacted to Captain Ewok in Patrick & Patricia   
    Found the issue.  Should be fixed now!
  7. Like
    Jeremy & Mia reacted to NikLR in Travelling after K1 wedding? (split)   
    She is partially correct. Without AP or a green card she cannot leave the USA. Her AOS would be considered abandoned.
    File for the AOS asap with the I-131 for AP so that she can visit or vacation in about 90 days.
  8. Like
    Jeremy & Mia reacted to Dashinka in Travelling after K1 wedding? (split)   
    First, you should post new questions as a separate topic to get better and more timely responses. As to your question, an AP or GC are required to re-enter the US, but you can travel anywhere within the US. Once you do have the AP or GC, you can travel outside the US and re-enter, but there are issues if this travel become long-term. My wife has gone back to Russia several times with her GC for a month or two with no issues.
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