I recently applied for a B1/B2 visit visa to the US so I could attend a clinical elective (I am a final year medical student). My visa was rejected on the grounds that there is an Immigration petition filed on my behalf of which I was not aware. I was aware that one was filed for my mother by her sister, but I did not know that one had been filed for me as well. I was advised by the visa officer to have the petition removed and to reapply
1. What is the process of removing an Immigration Visa petition? How soon can the 'removal' of this petition be processed and updated onto the system? Is there any way to expedite the process?
2. How soon should I re-apply for a visit visa once the petition has been removed? I have a month and a half (50 days) till the start of my elective period.It is pertinent to mention that I visited the US for a research elective at Columbia University in New York for 3 months in the summer of 2009. I also just found out that my aunt applied for her sister only (my mother), in 2009. She does not know herself how a petition was filed on my behalf and is presuming that I was included as a dependent minor of my mother and was automatically included in the immigration application. 3. Should I re-apply for the visit visa and explain to them this situation or should I have my petition revoked. 4. If I have my petition revoked, does it affect my mother's immigration petition in any way?
It would be idiotic for the consulate to deny you a visitor visa to do medical rounds in the U.S. based on a 4th preference petition filed for your mother. This would not have been a petition for you, but rather for your mother and, after you turn 21, you are not likely to be a derivative beneficiary anyway. The important thing to know is that the B-1/B-2 visa requires you to satisfy the consular officer that you have the appropriate nonimmigrant intent. Sometimes consular officers just make bad decisions and, unfortunately due to the doctrine of consular nonreviewability, one cannot challenge them other than by reapplying and risking another denial. The key may be to be thoroughly prepared for the interview, transparently honest and candid in your presentation at the interview, and display focus, confidence and knowledge of the process and rules. This will impress the hopefully different visa officer and persuade him or her to issue the visa. You may want to consult with an experienced immigration attorney that could get more information about this situation and help prepare you for the interview.
Scott D. Pollock
How old are you now? If you were included as a derivative on your mom's petition, it's likely that you have aged out and are no longer eligible for an immigrant visa.
I agree with my colleagues.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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