B-2 denied for my little son

V

verabr

Registered Users (C)
I'd like to share with you what happened on Dec last year when I tryed to get a visa to my son to visit me.

I am a Permanent Resident, married to a USC, living in the US for 2 years and a half. I couldn't bring my 12 years old son when I married due to financial difficults at that time.

So, last year I came to my country in order to get a Tourist Visa to my son, to spend his vacation here with us.

The visa was dennied just because I'm a Permanent Resident, and the Consular Office said he would immigrate illegally. We tryed to show strong bonds with the country, proofs that the kid is studing there, his Dad has a very good job, and the kid has even a property in his name. Nothing worked. The officer kept saying that I would bring my son to live illegally here? Why would I do that if I could bring him as soon as I got married? That's what I asked him, but he told me that I would have to wait for 3 years to be able to bring him. I don't know from where he got this information. And he didn't want to explain anything more and invited me and my ex-husband to get out the room.

I cryed so much, because we were appart for more than one year and if he could get the visa, we had planned a lot of thing interestings for him to do here in the States, like take him to Disney, and plus we would stay for 2 months together. He was all packed and full of dreams, and it was very frustrating to tell him his visa was dennnied just because I live here.

My husband sent a letter to our congresswoman, and a lot of letter to the consulate. But the only thing the consulate replyed was that the visa was dennied based on 214(b) section of INA and that he could reaply but under no garantee that they would give his B-2 visa.

We had no choices except filing a I-130 for him as my husband's stepson. And I'm still waiting for this approval just for him to visit us and of course at this time, if he likes he will stay here.

Why INS and US Consulates doesn't provide a visa for Permanent Resident's relatives just to visit? Why they seem to do everything they can to make our lives miserable?
 
verabr said:
Why INS and US Consulates doesn't provide a visa for Permanent Resident's relatives just to visit? Why they seem to do everything they can to make our lives miserable?
Click to expand...
I guess and I hope that they're not trying to make your life miserable. I think they're just doing their job with the rules as written.

As to why there is no visa, here is how I think about it:
Even though, to immigrants, their life revolves around getting into the US and changing status and re-uniting with their families, to the government immigrants are very low on the priority list. Many other things relating to the welfare of the country must come first. And since you and I and other immigrants cannot vote, we don't count very much as far as elevating the urgency of these issues.

I would like my grown stepson to come here legally on an I-130, but I expect a very long wait for a visa number. Until one becomes available for, he will just have to visit. I hope they will accept that he has real ties to Canada since he owns a house and has a business there.

Good luck to you, and I hope you see your son very soon.
 
Last edited by a moderator:
If the intention of the consular office was to avoid a potential immigrant, wouldn't he think that denning the visa I would automaticatly file for him to immigrate?

That's what makes me wonder if are consular officers badly informed and don't know that I could bring him at the time I married a USC or are they really mean and don't care about anyone? What harm could a 12 years child could do to this country? He only wanted to visit me.

I'm sorry but I'm so upset with all that happened! Hope nobody have to pass through the same situation.
 
Hi Verabr,

Your situation isn't un-common. I happen to know of a friend who is in the same situation with his new born son several years ago.
At the time that he and his family got the green card, his wife just so happened to be pregnant. For some unknown reason, she chose to be in the home country when the birth occurred, therefore the child doesn't get US citizenship. When my friend attempted to get a visitor visa just to bring the baby back to the US while he explores options to sponsor his child, the US consulate at home country said "your child has no strong ties to home country due to the fact your entire family is located in the USA, therefore the chances of your child overstaying beyond the visitor visa expiry date is high".
His family is now in two countries: his wife has decided to remain in home country to care for the baby and the other children while he continues to live and work in the USA.
All US consulates do have the power to deny relatives or immediate family members the visitor visa, because they are just covering the basic rule of attempting to verify if someone intents to overstay. It's a rule that should have exempted certain situations, especially with dependents who are underaged.
Good luck with your efforts to bring this issue to the government.
 
with regards to this, is it not true if the parents are GC holders if the child enters for the first time with either parents he automatically gets GC.

i think visitor visa was a big mistake when that child could have got GC.

your friend should explore this option. This option is only for a new born i think, born after GC approval.
 
Not too sure if that is an option, but my friend already did ask his lawyer about bringing the newborn into the US after the rest of the family already all got the GC. He might have filed under Family Based category 4 I think.
But for the duration of the processing, my friend was hoping to bring the baby to the US since he wants the family to live in the US.
Since the US Consulate doesn't want to give visitor, his wife has no choice but to remain in home country to care for the child.

waitin_toolong said:
with regards to this, is it not true if the parents are GC holders if the child enters for the first time with either parents he automatically gets GC.

i think visitor visa was a big mistake when that child could have got GC.

your friend should explore this option. This option is only for a new born i think, born after GC approval.
Click to expand...
 
noit does not have to be filed under FB4 but if born to GC holder outside the country if the child accompanies the parent on their first entry to the country since birth he /she qualifies for immediate GC.
I looked on it for a friend of mine who considered going to India for birth of her child.
 
ma'am i am extremely sorry to hear this,
but u need to talk these issues out in the immigration forum not in the non-immigration forum where u cannot find any help.
http://boards.immigrationportal.com/forumdisplay.php?f=18


verabr said:
I'd like to share with you what happened on Dec last year when I tryed to get a visa to my son to visit me.

I am a Permanent Resident, married to a USC, living in the US for 2 years and a half. I couldn't bring my 12 years old son when I married due to financial difficults at that time.

So, last year I came to my country in order to get a Tourist Visa to my son, to spend his vacation here with us.

The visa was dennied just because I'm a Permanent Resident, and the Consular Office said he would immigrate illegally. We tryed to show strong bonds with the country, proofs that the kid is studing there, his Dad has a very good job, and the kid has even a property in his name. Nothing worked. The officer kept saying that I would bring my son to live illegally here? Why would I do that if I could bring him as soon as I got married? That's what I asked him, but he told me that I would have to wait for 3 years to be able to bring him. I don't know from where he got this information. And he didn't want to explain anything more and invited me and my ex-husband to get out the room.

I cryed so much, because we were appart for more than one year and if he could get the visa, we had planned a lot of thing interestings for him to do here in the States, like take him to Disney, and plus we would stay for 2 months together. He was all packed and full of dreams, and it was very frustrating to tell him his visa was dennnied just because I live here.

My husband sent a letter to our congresswoman, and a lot of letter to the consulate. But the only thing the consulate replyed was that the visa was dennied based on 214(b) section of INA and that he could reaply but under no garantee that they would give his B-2 visa.

We had no choices except filing a I-130 for him as my husband's stepson. And I'm still waiting for this approval just for him to visit us and of course at this time, if he likes he will stay here.

Why INS and US Consulates doesn't provide a visa for Permanent Resident's relatives just to visit? Why they seem to do everything they can to make our lives miserable?
Click to expand...
 
Last edited by a moderator:
i have never heard of anything like that,sadly...its only for citizens... :mad:
waitin_toolong said:
with regards to this, is it not true if the parents are GC holders if the child enters for the first time with either parents he automatically gets GC.

i think visitor visa was a big mistake when that child could have got GC.

your friend should explore this option. This option is only for a new born i think, born after GC approval.
Click to expand...
 
Check this, if the parents enter with the born child within the 2 years the child DOES NOT need an immigrant visa:

http://www.foreignborn.com/visas_imm/start_here/4birth_abroad.htm#legal

And if the person obtains the residency except for immediate relatives then your children and spouse can do follow-to-join.

Visitors visa take in consideration that every single person (does not matter the age) is a prospective immigrant.

I am sorry for your situation, but you can try to apply again. When you got married did you overstay or something like that? they look a lot about the background of the families behavior on visitor visas.

Good luck,
 
cherr1980 said:
Check this, if the parents enter with the born child within the 2 years the child DOES NOT need an immigrant visa:
,
Click to expand...

Right. here is the word of law.(8 CFR 211.1 (b))

(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.
 
This is an example where knowing the law can make a huge difference in one's life; and not knowing it can be devastating. A mother who is an LPR can easily bring the baby into the US within two years as mentioned by the other posters.
 
You must log in or register to reply here.
Top