US Embassy Tourist Visa Rejection Question

Asked 9 months ago - 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

Additional information

'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)

  1. Jeff L. Khurgel

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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-... more
  2. Alison Yew

    Contributor Level 11

    2

    Lawyers agree

    Answered . So what is the question?

  3. Maria J. Marty

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.... more
  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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