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Results 1 to 10 of 10

Thread: Visiting US

  1. #1
    Hi,
    My friend came to the US on a tourist visa on a premise
    that she would be helping her sister who had just given
    birth. During her stay here, the political situation in
    her country deteriorated and as her family were already
    one of the victims of the rebel movement sweeping the
    country , she decided to apply for asylum after the rebel
    forces had won the country's election. This all was done
    before her permitted stay of 6 months had expired. Along
    the process, she even had her application for employment
    authorization approved but she never held a job during the
    whole time she was here. After close to a year in her Asylum
    process, and the situation in the country returning to normal,
    she withdrew her application and went back to her country. My
    question is, since she still has the 5-year multiple entry
    tourist visa (3 more years left on the visa), would it be hard
    for her to visit US anytime soon ? I would really appreciate if
    you could could help me out on this.

  2. #2
    Wow, a miracle, an asylum applicant returned to their country, at least before it was approved. Intersting. Which country was this?

    In any even, yes, she will have a hard time the next time she applies to come to the U.S. Acutally, her NIV was automatically cancelled by her asylum application. She will be considered by CBP to be an intending immigrant and it is also unlikely that the Department of State will issue her another visa because they will consider her an intending immigrant.

  3. #3
    Originally posted by federale86:
    Wow, a miracle, an asylum applicant returned to their country, at least before it was approved. Intersting. Which country was this?

    In any even, yes, she will have a hard time the next time she applies to come to the U.S. Acutally, her NIV was automatically cancelled by her asylum application. She will be considered by CBP to be an intending immigrant and it is also unlikely that the Department of State will issue her another visa because they will consider her an intending immigrant.
    Why are you on this message board if you're intent is to be cruel?? People come here for sound advice, not to be bashed!

  4. #4
    Thanks Hopeful1981. I largely ignored Federale86's response.

  5. #5
    There shouldn't be a problem returning here in the future. She withdrew her asylum application and returned to the home country. I can't see why they would consider her a fraud in any way whatsover. She's done exactly what the law says.

    Her visa should still be valid. She might have to prove she withdrew the asylum application previously when entering the country next time.

    Footnote: Any non-US Citizen is regarded as being an immigrant unless they prove otherwise ie, holds a valid non-immigrant visa, entry on visa waiver etc.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  6. #6
    I'm not sure why Hopeless1981 and Thiyla are upset by Federale86's response to the question.

    It seems to me that he was actually complimenting the asylum applicant for returning to her country of origin after the situation had stabilized, rather than proceed with what - by that time - had evidently become an unnecessary claim to asylum.

    As to the other advice regarding the non-immigrant visa (NIV), Federale86 is correct when he asserts that the visa was automatically canceled by the claim for asylum - this is standard.

    Also, having made a previous claim for asylum, she is viewed as having immigrant intent...and will have to overcome that assumption if she is to obtain another NIV. Of course, credit is due for the voluntary withdrawal of the claim to asylum, but the fact of the claim does complicate the process for obtaining a new visa.

    I realize that you don't want to hear from Federale86 that the process has been made more difficult...but, you would rather that he just told you what you want to hear???

    Well, here: Oooooh, yes, just go to the closest American Consulate - they will even provide a limo to drive you there if you want - and while you're sipping tea and having lunch with the ambassador, the Consulate minions will happily and without delay be processing the new visa. The visa will even be issued with a written apology for the inconvenience that the Consulate may have caused you.

  7. #7
    Thanks everyone for your input. I really appreciate it.

  8. #8
    Believe me Thiyla, if this is the only thing that got u upset from someone12,,,oppps sorry, Fed, so take it from me dear, U are just a happy person

    Originally posted by thiyla:
    Thanks Hopeful1981. I largely ignored Federale86's response.

  9. #9
    We shall see when she gets to CBP. She will be bounced back. She is an intending immigrant and her asylum claim proved it. We shall see.

  10. #10
    abercrumbie=brit=sprint=englishguy=fredy.

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