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  • nonimmigrant visa?

    I'm conditional resident married to USC for 5 years. I have a child ( 12 years old) who doesn't live here in the US. I wanted him to come visit for the summer but his nonimmigrant visa was denied in June of 2004. I understand that as soon as I get my citizenship I would be able to apply for him to come here to live and it seems like it will be fastest way ( I already send in an N-400), but what if he doesn't want to immigrate? Is there way for him to travel back and force without problem?
    What we really want is for him to be able to visit during his summer and winter vacations here, but permanently live outside the US.
    Any suggestions?

  • #2
    I'm conditional resident married to USC for 5 years. I have a child ( 12 years old) who doesn't live here in the US. I wanted him to come visit for the summer but his nonimmigrant visa was denied in June of 2004. I understand that as soon as I get my citizenship I would be able to apply for him to come here to live and it seems like it will be fastest way ( I already send in an N-400), but what if he doesn't want to immigrate? Is there way for him to travel back and force without problem?
    What we really want is for him to be able to visit during his summer and winter vacations here, but permanently live outside the US.
    Any suggestions?

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    • #3
      Did your child apply for B2 [visitor's visa]?

      If so, did you sent a letter to him to present to the US Consulate, stating that he was going to stay with you, and that you were going to provide him with housing and cover his expenses and that upon his visit he was going to return to his country of citizenship?

      Check this link:

      http://www.immigrationlinks.com/news/newshints66.htm

      If you didn't you might want to try to appeal to the consulate and even have your congressman help you out to appeal that decision, it seems stupid to me that they deny him a visa when you're here legally.

      Comment


      • #4
        Yes, it was B2 visa, and yes I send a letter wich they(his father went with my son) presented at the time of interview, but they denied anyway and based their decision on that they do not believe he will come back due to lack of ties to his country!!! He never been to US, but travel planty of times otherwise.
        Thanks for responding, I will check the link you pointed.
        I did wrote to a congressman and he answered me, but I don't think he able to help because he cannot annul the Consulate decision, he can only ask them to look again at this case and so on... Final decision will be made by the Consulate and I don't think they going to change it. So, if I can not obtain nonimm visa for him and apply for immigrant visa, would he be able stay in his home country and visit me say 2 times a year?

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        • #5
          Hey! Any other suggestions? Please!
          How to appeal B2 visa denail? Is it even possible? What else can I do to be able to see
          my son at least once a year, besides going over there myself? Any ideas?

          Comment


          • #6
            You do not say what country your son lives in. My only suggstion would be to reapply. Especially once you are a citizen and choose not to apply for him, I think that may help. I am not surprised that he was denied. I am sure you realize there is a disposition for people to believe that a son may choose to live with his mother. The fact that you are living here legally and will soon be able to petition for him give them strong reason to believe he will remain until that time.

            Of course you can visit him all you want.

            If you want to increase your chances next time, I would say show bank accounts in his name, private school enrollment, especially that are prepaid, involvement in activities with commitments at home, and perhaps affidavits from friends and family where he lives. Be aware, though, that American Notaries are quite expensive outside the country for the affidavits.

            The decision on a B2 Visa sometimes depends very much on the personal feelings of the official interviewing. I know it costs some money, and may involve a bit of travel, but if he gets it once and returns, then he will have a much easier time in the future.

            Comment


            • #7
              I forgot to address the issue of applying for an immigrant visa for him. If he receives an immigrant visa, but only spends a few weeks each year in the U.S. he will lose it. However, in the time it takes to get approved, you may re-decide what you want fo rhim. Perhaps you should proceed on that in case you decide you would like him to live with you, or even a more equal custody arrangement.

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              • #8
                Thank you very much Katycab!
                My son lives in Russia.I don't know if it matters tho.
                What strange is that my mother got her B2 no problem, she went back in time and they have it on file at the embassy, but I guess it is different category or something.
                I would very much want him to live with me but he doesn't want to... He never been here, his English is not great and so on and this is why I whant him to come and see for himself if he likes it or not. Than go back and think about if he wants to live in the US or Russia. He does have a pretty good life over there, It would be hard for me to decide to, specially if you've only seen one country and never seen the other. Do you think if I go with him to the embassy next time I apply for his B2 and explain everything it will help? Or I just sound very nive and it would depend on the officer's mood that day?

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                • #9
                  It might, but it might also backfired in that the officer sees that this young man mom's is in the US which would help him stayed there, etc, etc.

                  Maybe it'll help if he visit US as part of a tourist travel group, etc. That way he has legitimate reason to visit US as well as clear schedule while in US.

                  Comment


                  • #10
                    I agree that it would probable be a bad idea for you to go to the interview. WHat you need to stress is how strong your son's relationship is to his *father*. Understand that their fear is that he will choose to live with you and overstay the visa. If you go, they will just be more inclined to think so. For your mother they have less suspicions about that then for a young son going to be with his mom. Also your mother probably has more ties to Russia.

                    I ask the country because each consulate has its own "personality"

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