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tourist visa can any one pls. answer this question

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  • tourist visa can any one pls. answer this question

    Im studying right now and last year i try to apply for tourist visa for US the consul denied me bec. he said im not qualify for tourist visa bec. i have a petition applied for me, is it true that they dont allow people who has a pending petition to apply for tourist visa?

    why is that some people who has the same case like me also apply for tourist visa this summer and the consul allow them with out asking them if they have a petition apply for them? and why is that i got denied?

    if ever i try to apply again for tourist visa for this summer vacation am i qualify ? will they question me about my first denied application?

    bec. its so unfaire i think there being so very BIAS, or something.

  • #2
    Im studying right now and last year i try to apply for tourist visa for US the consul denied me bec. he said im not qualify for tourist visa bec. i have a petition applied for me, is it true that they dont allow people who has a pending petition to apply for tourist visa?

    why is that some people who has the same case like me also apply for tourist visa this summer and the consul allow them with out asking them if they have a petition apply for them? and why is that i got denied?

    if ever i try to apply again for tourist visa for this summer vacation am i qualify ? will they question me about my first denied application?

    bec. its so unfaire i think there being so very BIAS, or something.

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    • #3
      what kind of petition do you have pending ?

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      • #4
        It is a government policy that if there is a immigrant petition pending then the person can not get Visit Visa. May be other people were not truthful like you that there is a Immigrant petition pending for them.
        Good luck.

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        • #5
          Janet: everyone who applies for a tourist visa is presumed by our laws to be an intending immigrant. You have to convince the consuls that you would depart the US after a short visit. If you have an immigration petition that is pending, you have something called "dual intent." That is, on the one hand you claim to be someone who does not want to immigrate to the US, but on the other hand you are (presumably) the beneficiary of an immigration petition which says you DO wish to immigrate to the US. So, if you ask for a non-immigrant visa (tourist, for example), our laws presuem you are going to stay in the US and the petition waiting for you says the same thing - as a result the burden of proof for you to convince the consuls that you would NOT stay in the US is going to be very very difficult to establish. Our laws are much more strict than many other countries regarding tourist visas.
          Your statements about what is asked of other applicants is inaccurate; how do you know what the consuls ask each and every applicant?
          Besides, the computers at the embassy can show who has a petition filed for them (the applicants) - the consuls ask those who have petitions filed probably to check that applicant's willingness to tell the truth.
          You also do not have any experience whatsoever as a consular officer to make a statement like "there is bias" or words to that effect. Do you know the rules and regulations that control visa issuance to the US? (I doubt it).
          There is no specific rule or law that says a person with an outstanding immigration petition is automatically disqualified for a tourist visa - it is just that the applicant will have a much tougher time explaining their "dual intent."
          As to whether you would qualify this summer, well, how would your situation have improved to the point where the consulate believes you would leave the US after a visit? Are you still in school? Or would you have finished your studies by this summer? Is the immigrant petition still on file for you? If your situation has not changed much since last time, you will likely get the same answer. And yes, the consulate will have a record of your previous refusal - attempting to conceal that fact will only erode your credibility. Regrettably there is no easy answer. But do not blame the consular officers. The burden of proof is upon you (and others who ask for tourist visas.)

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