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  • visitor's visa

    Hello,I am USC filed petitions for my mother and silbings in Dec. of 2001; in June of 2002 my mother and silbings went to the US consulate in Monterrey,Mexico for visitor's visa interview they were denied because petitions were already filed on their behalf (we were not aware of this!!!! ) as most everybody knows it takes more than a decade for my silbings' petition to be processed completly,and my mother's processing time has not moved in almost a year!!!(TSC).I've contacted my representative,He offer to help my mother and silbings to obtain visitor's visa,I am aware that even with his help getting the visas it's not a sure thing.IS THERE ANYONE OUT THERE THAT HAD SECCES DOING SOMETHING SIMILAR??..PLEASE REPLY!!!.

  • #2
    I have many relatives who have travel to the US with turist visas, even though they got permament residence procedures pending. When you fill the US form for visitors visa, they ask you if there is a petition pending on your behalf. Maybe they answer that wrong.

    One of my aunts travel to the US while her petition was process (it was sibbling so she must have asked for the vistors visa while it was pending). She had no problem at all. She even asked for an extension in her stay and the INS granted it.

    My mother also came as sibbling. My little brother (who was her dependant and tehrefore beneficiary of the permanent visa) travel many times to the US while the petition was pending.

    Maybe, your relatives didnt qualify for the visitors visa.


    • #3
      Unfortunately, this is quite a common problem and the results of any visa interview can be something of a crapshoot.

      The problem relates to section 214(b) of the immigration and Nationality Act ("INA"). Section 214(b) establishes the presumption that every visa applicant really intends to immigrate to the United States, unless the contrary is established at the visa interview to the satisfaction of the consular officer.

      Indeed, questions on the DS-156 (application for a nonimmigrant visa) are intended to weed out those who just really want to visit and those who want to stay in the United States beyond the time limit for their nonimmigrant visa and status (e.g., question 37, which asks whether any close relatives of the applicant are in the United States, and whether those applicants are U.S. lawful permanent residents or citizens).

      In order to qualify for a B2 visitor's for pleasure visa, your relaties must be coming to partake in "legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature." See, section 101(a)(15)(B) INA (definition of "pleasure").

      There is also a B1 business visitor's visa (and, indeed,a hybrid B1/B2 visa), but the business visitor must not intend to be employed by a U.S. company, should receive his or her remuneration from an employer in the home country, and should really be coming here for a specific, permitted business activity, such as the negotiation of a contract or attendance at a conference or seminar.

      In order to stand a better shot of receiving their visitor's visas (particularly since their first applications were denied and they are immigrant visa applicants), your relatives need to provide very strong evidence that they will only be coming to the United States for a short trip.

      9 FAM 41.31 (this is a section from the Foreign Affairs Manual which can be found on the U.S. State Department website) sets forth some criteria used by consular officers when deciding to grant or deny a visitor's visa application. In general terms, these criteria may be summarized as follows:

      1. Whether applicants have sufficient funds for their trip;

      2. Whether applicants have "specific and realistic" plans for their trips that match the length of time that the have said they will be staying in the United States (f.y.i., when applying for a visitor's visa, never mention that you will be flying on a one-way ticket!);

      3. Whether applicants have sufficiently strong personal or business ties to their home country to suggest that they really intend to return at the scheduled end of their visit.

      I hope this helps. Good luck!


      • #4
        Thanks for the replies!!!!!! my mother and sibblings took "tons" of paperwork to proof financial stability,school transcripts(all 3 of my sibbings that applied are students) and an affidavit from my grandmother's doctor she is partialy blind diabetic, my mother takes care of her, bank statments etc.unfortunally the officer did not looked not even browsed their papers she just said that they were denied because the had petitions filed (they declared that on their application) therefore they intent was to immigrate to the US, the officer looked up some information on the computer while she gave them the bad news ..I my say that may USC brother petitioned my other 3 sibbling(on the same date dec 2001)they had visitor's visas BEFORE their petitions were filed,my grandmother also has a visa (84 yrs. old),they all have come to the US to visit my brother and I and had returned every time!!! if someone has any suggestions of how can I use this as evidence that my mother and sibbling DO NOT intent to overstay their visitor's visa if they are given the privilage to have one ????? PLEASE REPLY!!!!!!


        • #5
          Need advise please...thank you


          • #6
            Hello everyone!! please excuse me I am replying my self again in order to get more "hits" hopefully someone out there will have some information and/or advice for me, Thank you


            • #7

              You have completely explain the INA, and 9FAM 41.31, I hope they understand the position of the FSO as well. 214 is such a good law it can take any one into his/her arm.


              • #8
                sab34 THANKS FOR REPLYING!!!!! could you please be more specific? INA ,9FAM 41.31 FOS 214? I don't have a clue of what that means,excuse my ignorance.thank you very much


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