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Sister Tourist Visa Denied please help


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Hello My Friends

 

My wife's sisters tourist visa was denied for the second time. The first time we did not have enough paperwork. This time we submitted all the necessary documents the affidavit of support almost everything identical what we would have with a CR-1 or a K-1 visa. It was denied again , is there some way I can contact the consulate in Shenyang to find out why it was denied. My next step is to contact my two senators local congressperson. Has anyone had a similar incident like this and what has been your results

Michael in Seattle

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Typically they will not share the reason for denial.

 

The primary reason for denial is the applicant fails to provide proof that there is no intent to immigrate.

 

Evidence is actually different for a B-2 visitor than K, CR, or IR visa, the evidence needs to show that the visitor has no intent to remain in the USA, they need to provide evidence of ties to China.

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I Just Sent Email to my 2 Senators and my Local Congressman . See what they can do I will remind them that My union supported them and if they want that to continue they better help .or I will tell my Union to withdraw the support

 

Michael

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We've wanted my wife's sister to visit for years now. Sis has applied 3 time and been denied 3 times. What we know and have learned is there is nothing the USC can do to assist her gaining a tourist visa by promising to US Immigration that we will make sure that she will return. As returning is what USCIS, or whatever the agency is, wants to be assured of. An applicant must prove they have ties to China such as owning property or a business that they'd more likely want to return to.

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There are several threads on CFL on the topic. Ties to China as others have said. Owning a home, savings, job, career, husband, children, parents, activities that are important to her. Anything and everything you can think of that will convince them she'll return.

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I Just Sent Email to my 2 Senators and my Local Congressman . See what they can do I will remind them that My union supported them and if they want that to continue they better help .or I will tell my Union to withdraw the support

 

Michael

 

Senators and Congressmen have no sway in the ultimate decision on whether or not to issue a visa. By law, CO's have the sole discretion on whether or not to issue a visa and the Doctrine of Consular Nonreviewability essentially makes those decisions final.

 

Even if they did make a query, all they will tell them is what your sister in-law, denied for lack of ties, it won't be more specific than that.

 

You can threaten to tell your Union to withdraw support you all you want, it won't make any difference.

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With the exception of a few, and far between cases, who gets a Tourist Visa is directly correlated to How Much Money they have. Oh, sure, the naysayers will, and have, declared "my inlaws, family, (whomever) are not rich." Nonsense.

 

Get to the bottom of it: success = money in the bank, deposited regularly, for a long period of time from a job still held, or a good government job or in retirement from same with a documented income stream.

 

Furthermore, an initial denial will be likely continue to be upheld until there are 'substantial changes' to the applicants situation (think money). As stated, your promise to pay trip expenses and/or to 'guarantee' non-immigration is irrelevant. Why do I say that?

 

Because the Chengdu Consulate said so in their response(s) to my queries about multiple in-laws' denials.

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With the exception of a few, and far between cases, who gets a Tourist Visa is directly correlated to How Much Money they have. Oh, sure, the naysayers will, and have, declared "my inlaws, family, (whomever) are not rich." Nonsense.

 

Get to the bottom of it: success = money in the bank, deposited regularly, for a long period of time from a job still held, or a good government job or in retirement from same with a documented income stream.

 

Furthermore, an initial denial will be likely continue to be upheld until there are 'substantial changes' to the applicants situation (think money). As stated, your promise to pay trip expenses and/or to 'guarantee' non-immigration is irrelevant. Why do I say that?

 

Because the Chengdu Consulate said so in their response(s) to my queries about multiple in-laws' denials.

This is sad but absolutely true.

 

Larry

 

Edit to add: Guanxi in the right places too. Many have denied this but I don't care what they say it does.

Edited by amberjack1234 (see edit history)
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Can any one help me draft a letter to the CO in my sister In-Laws Case as to inquier why the Visa was Denied and ask for a face to face with the VO and explain why the Visa was deined

 

Michael

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I would suggest any letter you write be short, concise, and right to the point. These folks are generally don't have a lot of time, at least the ones that are most likely tasked to deal with letters like yours. Further, if they see a detailed, convoluted letter they are likely to skim it at best or not read it at worst. On top of all that, they feel no compunction to inform you of their reasons for denying a visa. I am not all that familiar with the Consulate in Shenyang, but in GZ there is a general reluctance to tell the petitioner why the visa was denied. I don't mean to sound like a Negative Nellie here, but I have not seen folks have much success with correspondence regarding reasons for denial.

 

Now, with all that said, if you write them keep it short, directly ask for the reasons for denial, and also ask if there can be steps taken to rectify the situation should you reapply for the tourist visa. Chances are, however, as others have pointed out, if you get a response it may be boilerplate and very general, citing inadequate ties to China.

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I have yet to see of find any mention where the consulate tells any interested third party why they denied a B-2 visit visa.

 

From the Foreign Affairs Manual:

 

 

9 FAM 40.7 N1.3 Standards for Applying INA 214(b)

 

a. When adjudicating NIV applications, you must be careful to recognize that the standards for qualifying for an NIV are found in the relevant subsections of 101(a)(15) and corresponding regulations and FAM guidance, not in 214(b) itself. INA 214(b) does not provide any independent standards for qualifying for an NIV. The applicant's failure to convince you that he or she meets any one of the specific requirements of the applicable NIV category will result in a 214(b) denial. (See 9 FAM 41.11 N1.5.)

 

b. For example, failure to possess sufficient funds to cover educational expenses results in a 214(b) denial of a student visa. Failure to make a substantial investment results in a 214(b) denial of a treaty investor visa. And the failure to possess the intent not to abandon a foreign residence results in a 214(b) denial of a B visa. In each of these cases, the visa is denied under 214(b) because the applicant has not met the requirements set out for that particular visa category.

 

c. The 214(b) basis of refusal may be overcome if the applicant demonstrates to your satisfaction that he or she lawfully meets and will abide by all the

requirements of the particular NIV classification.

 

9 FAM 40.7 N2 INA 214(B) REFUSALS: MORE THAN JUST TIES

 

a. Section 214(b) cannot be simplified to mean only that applicants have "ties" or must intend to return home. A refusal under 214(b) means that the applicant has failed to qualify for NIV status. The most common reason that an applicant fails to qualify is a failure to show the sufficient ties to his or her home country that are required for most NIV classifications. However, while a failure to show sufficient ties is the most common reason for a 214(b) finding, there are other reasons that an applicant could fail to qualify for NIV status and thus be found inadmissible under 214(b).

 

b. Section 214(b) requires the visa applicant to establish to the satisfaction of the consular officer that he or she is entitled to nonimmigrant status under INA 101(a)(15). As stated above, this simply means that the NIV applicant must prove to you that he or she meets the standards required by the particular visa classification for which he or she is applying. In other words, the applicant must make a credible showing to you that all activities in which the applicant is expected to engage while in the United States are consistent with the claimed nonimmigrant status. Proper visa adjudication requires you to assess the credibility of the applicant and of the evidence he or she submits in support of the application. INA Section 291 places the burden of proof at all times on the applicant.

 

c. If you are not satisfied that the applicant meets the standards required by the particular visa classification for which he or she is applying, you must refuse the applicant under 214(b). This is the case regardless of the applicant's financial situation or ties abroad and regardless of whether there is sufficient evidence to refuse the applicant under another section of the law (for example, 212(a)(2)(C ), 212(a)(3), 212(a)(6)(C ), or 212(a)(6)(E)).

 

http://www.state.gov/documents/organization/87154.pdf

 

"The applicant must make a credible showing to you that all activities in which the applicant is expected to engage while in the United States are consistent with the claimed nonimmigrant status." This typically is either a tourist itinerary showing that the reason for the B-2 is to tour and visit only and not to do something not allowed by the B-2, such as work.

 

INA 291:

 

§ 291 (8 USC 1361) Burden of proof upon alien

 

Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not inadmissible under any provision of this chapter. In any removal proceeding under part IV of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.

http://www.lawandsoftware.com/ina/INA-291-sec1361.html

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/act.html

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Also from the FAM

 

9 FAM 41.11 N1.5 Immigrant Intent and INA 214(b)

 

(CT:VISA-1660; 06-14-2011)

 

a. The Immigration and Nationality Act (INA) distinguishes nonimmigrants from immigrants by considering all visa applicants to be immigrants unless they can prove that they are entitled to an NIV classification. Section 101(a)(15) of the Act defines an immigrant as a visa applicant who does not meet the requirements of one of the nonimmigrant categories listed in that section. To render this distinction operational, the INA under 214(b) deems all applicants to be immigrants until they prove to the consular officer that they qualify for nonimmigrant status (with the exception of H-1B, L, and V visas).

 

b. In order to be classified as a nonimmigrant, the alien must prove “to the satisfaction of the consular officer that he or she is entitled to a nonimmigrant status under section 101(A)(15) (with certain exceptions)”. Thus, the alien must provide the consular officer a credible showing that he is entitled to nonimmigrant status and that his intended activities are consistent with the status for which he is applying.

 

c. The consular officer assesses the credibility of the applicant and the evidence submitted to determine qualifications under 101(a)(15). The consular officer must be satisfied that the applicant will credibly engage in the activities authorized under the particular NIV classification, that the alien will abide by the conditions of that nonimmigrant category, and that the alien will thereby maintain lawful status.

 

d. The notes below provide general guidance on adjudication. When adjudicating NIV applications, a consular officer must be careful to recognize that the standards for qualifying for an NIV are found in the relevant subsections of 101(a)(15) rather than in 214(b) itself. 214(b) does not provide any independent standard for qualifying for an NIV, but refers to the specific standards set out in 101(a)(15). This section does not impose a separate standard on immigrant intent. The immigrant intent standards for each nonimmigrant classification are provided in the INA and corresponding regulations. Furthermore, this section does not constitute an independent ground of inadmissibility under INA 212(a) and shall not be used as such. Any questions arising under those sections must be addressed through the appropriate advisory opinion (AO) process. Thus, section 214(b) constitutes merely a basis of NIV refusal.

 

9 FAM 41.11 N2 RESIDENCE ABROAD AND IMMIGRANT INTENT

 

9 FAM 41.11 N2.1 When Residence Abroad Required

(CT:VISA-1660; 06-14-2011)

 

Not all NIV categories impose an immigrant intent requirement. Most NIV classifications that impose such use the residence abroad requirement. Other categories, such as the E visa, have a much lesser standard. When adjudicating NIV applications, it is important to apply the correct standard for that visa classification. NOTE: Only the following visa categories are subject to residence abroad requirements: B, F, H (except H-1), J, M, O-2, P, and Q.

 

9 FAM 41.11 N2.2 Residence Abroad Defined
(CT:VISA-1662; 06-28-2011)

 

a. The term “residence” is defined in INA 101(a)(33) as the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. This does not mean that an alien must maintain an independent household in order to qualify as an alien who has a residence in a foreign country and has no intention of abandoning it as required in INA 101(a)(15)(B), (F), (H) other than (H-1), (J), or (M), (O-2), (P), or (Q). If the alien customarily resides in the household of another, that household is the residence in fact.

 

b. When adjudicating this requirement, it is essential to view the requirement within the nature of the visa classification. Discussion of the requirement in the relevant sections will provide guidance.

c. The residence in a foreign country need not be the alien’s current or former residence. For example, an alien who has been living in Germany may meet the residence abroad requirement by showing a clear intention to establish a residence in Canada after a temporary visit in the United States.

http://www.state.gov/documents/organization/87168.pdf

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Thank you Everybody for your Help

 

We will reapply in 4 months . Now has anyone had good results in applying for a B1-B2 visa for a Family Member . and when writing the Invitation letter do you write 2 letters 1 to Family Member and 1 to the Consulate ?

 

and drafts you have or I can send you the Ones I wrote .

 

Michael

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