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US Embassy Tourist Visa Rejection Question

Los Angeles, CA |

My aunt just got rejected for a tourist visa from Armenia. My mom (her sister) sent an invitation for her to spend the Christmas with us in California, but nothing good came out if. The weird part is that her husband is a US citizen living in the US, so she can easily petition for a green card, but she does not want to move to the US. She has a very nice home there, which she will never leave for anything. The invite came from my mom, since the husband was in Armenia just recently, so she was going to stay with us, not the husband, who lives with a roommate and does not have the comfort as we do. She was going to come for 2 months only to get away from the winter there. So we were sure that there is no reason that she would get denied because she can easily get a G.C. In fact, her daughter

's applications are in process now (they are waiting), but my aunt has not applied because she does not want to move to the US. I contacted the US Embassy and they said that my aunt was refused under Section 214(b) of the Immigration and Nationality Act. I don't know what this is, but the email also claimed "we are required by law to refuse an application unless an applicant can overcome the presumption of immigrant intent. Unfortunately, she was unable to overcome this presumption of intending immigration and her application was denied. " Well...this is really dumb! If my aunt wants to immigrate, why not just apply for green card and not go through the hassle of wasting $200 for a 50/50 chance of approval. The whole thing does not make any sense. The even asked her which countries she's been to and my aunt listed lots of countries up to the point when the staff member told her to stop lol, so I don't understand why deny her if she has a choice to relocate to the US?

Attorney Answers 4

Posted

So what is the question?

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Posted

You don't seem to understand the attitude/perspective of the US Consul.

They quite easily may be thinking that she is trying to get around the system.

Talk to an attorney about how she can better prepare a tourist visa application ... a letter of invitation has almost zero value.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Why would they think that if she can easily get a g.c. through her husband who lives her? I would understand your perspective (and theirs too), if she had no means to immigrate to the US, but since she never even attempted to get a g.c. through husband, then isn't that an indication that she wanted just to visit her? One logical question: why think that if upon the refusal to return home with a tourist visa, she will only screw herself up for any potential permanent residency in the US. Why complicate things for herself that way if the best and easiest way is to obtain a g.c. through husband, which i think takes some months. Again, she did not take this route cause she has no interest in the US on a permanent basis and this is the biggest indication of having NO intent to immigrate to the US otherwise she wouldn't be wasting her $200 going to the Embassy for an interview and would have had her ticket to the US by now through a green card. Seems like the logic is missing at the Embassy. By the way, I heard 2 days ago that a family of 3 (husband, wife and a 5 year old child) were all given a tourist visa to come to the US for a wedding. Guess who can actually have the intent on staying in the US now?! So they allow a young family who most likely will stay her, but they decide to refuse a woman who has no problem getting a green card, but refuses to do so for not needing it. This is why it seems so illogical to me.

F. J. Capriotti III

F. J. Capriotti III

Posted

I understand how you don't understand. As crazy as it is, you need to put your "thinking cap" on backwards. Plus, unless you were there (which is unlikely as they don't normally let visitors into the Consulate) you have no idea what she said to them. (Yes, I'm sure she told you what she said ... but that's not the same thing as observing it.) Accept their way of thinking and address it head-on by having an attorney help to prepare a new application and cover letter.

Posted

214(b) means they did not think she would return home.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Posted

They suspect she is going to come to the US and stay. The fact that her husband can sponsor her supports their suspicion since they likely think that she is trying to get around the proper procedure at the embassy. You need an attorney to help you overcome their suspicion.

Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

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4 comments

Maria J. Marty

Maria J. Marty

Posted

Ps. Dumb or not, they have discretion so if you want her to visit, you need to understand where they are coming from and give them what they want.

Asker

Posted

I am really confused. If my aunt has an easy way to get to the US (through her husband's quick sponsorship) and they deny her on the suspicion of intending to immigrate to the US, then if she had that intention for a permanent relocation, then she would have easily applied for the green card. Why would anyone in their right mind come to the US with a US visa, then intentionally overstay/stay in the US just to create immigration issues for herself for the future? The fact that she is not taking the green card route, doesn't this already counter their suspicions, since she 1) doesn't want to relocate forever for now, hence only the tourist visa; 2) if she's going to relocate with a visa to stay in the US, why create problems for herself if that will negatively impact her spousal green card? You said "The fact that her husband can sponsor her supports their suspicion since they likely think that she is trying to get around the proper procedure at the embassy." This also confused me, because why would they suspect anything..if she wants to relocate then she can just get her green card really quick, but she does not want a green card, so she applies for a temporary visa to just spend her winter her. if they are suspecting that she might stay her after being granted a visa, then why would they want her to relocate to the US with a green card then. I am sorry, but the whole thing makes no sense for me. I think it's just a matter of the Embassy making $200 on each person that goes through the interview, since they deny 90% of the people even in situations that makes no sense. There is lots of complaint there that the Embassy is making money off a not so rich country, which seem to be true if everyone is getting denied, so it's like why even bother wasting $200.

Asker

Posted

P.S. Thanks for your reply with the explanation.

Maria J. Marty

Maria J. Marty

Posted

You can hire me to continue to repeat the same answer to you. I do not agree they are trying to make money - they don't care about that. You are stuck in your logic, let it go and accept what we are saying. If you don't understand, hire a lawyer to help you get this done.

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