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B2 denied, no reason given, when can reapply again?

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  • B2 denied, no reason given, when can reapply again?

    My boyfriend in Jamaica was denied a B2 in May, 02, was not given a reason for denial, just a stamp in his passport stating "applied", and the date.
    the embassy consular said he could come back and reapply in October. He has since purchased land in Jamaica, to hopefully further prove his (honest) intent to return after 2 weeks visit to USA to see if he likes it here. However, the US embassy Kingston website states he can't reapply for the same visa for one year from denial.
    What is the correct amount of time to wait to reapply? It's too soon for us to do the fiance visa... not ready to marry yet. Any advise??

  • #2
    My boyfriend in Jamaica was denied a B2 in May, 02, was not given a reason for denial, just a stamp in his passport stating "applied", and the date.
    the embassy consular said he could come back and reapply in October. He has since purchased land in Jamaica, to hopefully further prove his (honest) intent to return after 2 weeks visit to USA to see if he likes it here. However, the US embassy Kingston website states he can't reapply for the same visa for one year from denial.
    What is the correct amount of time to wait to reapply? It's too soon for us to do the fiance visa... not ready to marry yet. Any advise??

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    • #3
      He was probably denied because he may have said that he had a girlfriend in the US and the Consular Officer thought that he planned on bypassing the system and get married to remain here in the US.

      You all should do the Fiancee visa and come here and get married, that is, if that is what you all plan to do.

      Generally, you have to wait one year before reapplying the the B2, but you can apply for the i-129f now, if you all plan to marry.
      Goodluck

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      • #4
        Your boyfriend might have misrepresent himself to the consul.The main law prohibiting visa fraud or misrepresentation is Section 212(a)(6)(C), which states:
        "Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible."
        However,denial is not the end and often if you ask help or assistance of a lawyer to look into the case often you get results.best of luck!

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        • #5
          Your BF has to convince a consular officer that he will depart the US after a visit. The consulate may have rules on reapplication; if so, he must follow them.
          Buying a "piece of property" does not, by itself, overcome the presumption of intending immigration (which is what section 214b of the INA spells out). If the consular officers have figured out that he has an American GF, his chances of a tourist visa are virtually nil.
          If marriage is on the horizon between you two, file the I 129F (fiancee visa) and stop all the baloney.

          Comment


          • #6
            I beleive America to be the greatest countrry in the world. However I truly think the immigration laws in the USA SUCK.
            I would advise anyone who is having trouble immigrating to the USA to consider Canada at least there you dont get half the bullshit of American Immigration Restrictions.
            Also anyone with a minor offence commited in another country can apply for for a minor crimal offences waiver to enter the USA if need be but no guarantees. Its disgusting how the USA treats immigrants with an American Husband or Wife so many cases of destroying family unity this is truly an outrage. Even the life act does not always guarantee results. I wonder how Americans would feel if other countries in the world started treating Americans with the same hostility as American Immigration. First they steal the land of the Native American Indian and now they bully Immigrants this is a real disgrace. And not every immigrant is a terrorist or dangerous criminal some folk truly want to enter the USA for a decent law abiding life with thier American partner. I pray President Bush can one day realise the pain and suffering American Immigration causes both immigrants and
            thier American Spouses.
            Baning people from entering the usa is not right.
            I agree with banning dangerous criminals by dangerous I mean Rapists, Terrorists, Drug Dealers, Killers, not people with minor spent convictions. Why should the USA stop someone with a minor offence commited in a foreign land from entering if the conviction has been spent. Its as if the USA likes punishing people with spent minor convictions this is wrong.
            Mr TTT

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            • #7
              Just FYI to the one with the Jamaican boyfriend, they are NEVER approved. I've met about twenty personally and talked to hundreds and they are routinely denied, and it is usually because of things in the past. Jamaica is a third world country with a poor economy and unfortunately an undereducated populace, and the statistics seem to prove that they will likely overstay and become a financial burden on our society because of inadequate preparation for a good well-paying job here.

              It appears that the only way to get a Jamaican into the U.S. is a marriage-based, fiance, or student visa. The student visa it tough because it requires acceptance at a university and money in the bank. Many cannot qualify. Most Jamaicans I know in the U.S. are here because they married someone. My fiance will be here in another month, and we have been 'together' (although apart!) for two years.

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              • #8
                Exactly Colleen, excellent advice - do not enter the country illegally, Jamaica!

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