I applied for my wife's F2 visa in jan and Apr 2012 and got rejected. I am on OPT and my OPT expires in june 2012. What are the options to bring my wife here soon. Can I appeal 214 b rejection. Please help
Your options depend on why your wife was denied, how long you have had your visa, when your visa expires, whether your wife has been here before and if she has did she overstay her visa........
Consult with an experienced immigration attorney to discuss your alternatives.
214(b) rejections are fact-specific and the burden is on her to show she will not immigrate to the U.S. adn you will both be returning when your F-1 has expired. There is a consular cable on how the officers should approach foreign students as they often don't have strong ties overseas but should be able to show how their eduction abroad will enhance a later career in their home ocuntry.. It appears your wife has not met this burden. She can re-apply but legal guidance is probably a good idea.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: [email protected]
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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