I have a question with regard to cancellation of my B1/B2 Visa. It was cancelled while valid, no prompt explanation of why and the consular officer advised to apply for a new one. I applied for a new Visa and was denied (under 214(b) ).
I visited US several times in 3 years, did not violate terms of stay, my wife is LPR and lives there, we are officially married and I am visiting her there, she is now pregnant.
What can I do? can I appeal? or do I have to apply for a new Visa?
The U.S. Embassy has broad discretion to grant or deny a visa apication. You will need to reapply for the visa. However, it is unlikely the U.S. Embassy will issue you a visa based upon the information provided. You would need substantial evidence that you will return to your native country to have any chance of success.
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There no appeal. 214b means you failed to prove nonimmigrant intent.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You forgot to tell us how the Consular officer got his/her hands on your passport.
Were you applying for something new?
Did they call you in?
I can say that visiting the US frequently can be a problem .... you didn't define 'several times' for us
Talk in private with an attorney ... many of us use Skype.
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.
You can not appeal the refusal of your B-1/B-2 visa at the U.S. consulate based on 214 (b). You can re-apply and present evidence that you do not have an intent to immigrate to the U.S. However, the fact that your spouse is a U.S. resident will make your request challenging.
Has your wife file I-130 in your behalf? Have you filed joint taxes? When you visit how long do you stay? Are you employed in your home country?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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