B1/B2 visitor visa rejected

M

majorpayne

Registered Users (C)
Hi,

My B1/B2 visa request was rejected at the US consulate in Toronto. I am a Permanent Resident in Canada, and have just immigrated in August 2010. I do have a permanent job here in Canada.

However, they have rejected the visa stating under section 214(b) "You have not been able to demonstrate sufficiently strong family, social or economic ties to a country outside the US that would compel you to leave the US after a temporary stay.

I do not have any family in the US - but I do have family in Canada. Also, the visa officer did not ask for any letter of employment, or bank statements. I don't understand how he could draw up the conclusion that I do not have strong family or economic ties in Canada?

Would it be worth re-applying for the visa and explaining to the visa officer that I do have a permanent job in Canada?

I have no intention of staying back in the US. Why would I go through the trouble of immigrating (legally) to Canada, if I wanted to live as an illegal immigrant in the US? It just does not make sense!

Thanks in advance for any suggestions.
 
You are being judged by the many permanent residents of Canada who take that simply to find an H1B job so that they can eventually apply for US permanent residency. A B1/B2 US visa is the means they used to find an H1B employer.

Since you have only recently arrived in Canada, your application is even more suspicious. Apply again in a couple of years once you have become established.
 
Concerned4us said:
You are being judged by the many permanent residents of Canada who take that simply to find an H1B job so that they can eventually apply for US permanent residency. A B1/B2 US visa is the means they used to find an H1B employer.

Since you have only recently arrived in Canada, your application is even more suspicious. Apply again in a couple of years once you have become established.
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Thanks for the reply Concerned4us. If they suspected that I am going to the US to find a job, you would think that they would have asked me to show proof of employment in Canada and bank statements right? But they didn't do that... which is strange.

Do you think it would be worth me re-applying again? Or will the outcome most likely be the same?
 
Seeing that you moved to Canada just 2 months ago, I do not blame the consul.
Re-apply after you have lived in Canada for at least 6 months.

majorpayne said:
I don't understand how he could draw up the conclusion that I do not have strong family or economic ties in Canada?

Would it be worth re-applying for the visa and explaining to the visa officer that I do have a permanent job in Canada?
Click to expand...
 
Triple Citizen said:
Seeing that you moved to Canada just 2 months ago, I do not blame the consul.
Re-apply after you have lived in Canada for at least 6 months.
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Yes, I suppose the most logical thing to do at the moment would be to apply after 6 months as you have suggested. Thanks for the suggestions guys :)
 
It sounds to me like your interviewer did not ask for the appropriate materials, and therefore the USCIS did not have what they needed, possibly at no fault of yours. When your app go higher up, they looked at it and saw that these items were not present, and gave you the explanation that they did. Best to re-apply and show your evidence of ties to CA.
 
Nothing to do with USCIS. Consuls works for the State Department. On average consuls spend 45 to 60 seconds per B-2 application. Nothing out of the norm for the OP here. He should re-apply after having spent 6 to 8 months in Canada.

Stanley Hermosillo said:
It sounds to me like your interviewer did not ask for the appropriate materials, and therefore the USCIS did not have what they needed, possibly at no fault of yours. When your app go higher up, they looked at it and saw that these items were not present, and gave you the explanation that they did. Best to re-apply and show your evidence of ties to CA.
Click to expand...
 
Thanks for the advice guys. I think it would be better for me to wait a couple of months like Triple citizen has recommended. If, for whatever reason, they do reject me again it would be a waste of time and money for me (each application is $150).

I was also wondering, since I've now been rejected once by the US consulate, would this have any negative impact on my future application??
 
Not really. Once you spend a decent amount of time living in Canada, your fresh application will have a very good change of being approved.

majorpayne said:
I was also wondering, since I've now been rejected once by the US consulate, would this have any negative impact on my future application??
Click to expand...
 
Not at the consulate, but at the border (maybe). I had visa denial in 2003 and in 2009 I was asked inside for questioning every time I crossed the land border. Did you have any problems entering the country? Do you know why we are inviting you inside? Questions like that as if the system does not contain all the info about me. Later i filed online the "complaint" to clear this up and looks like it worked I was not asked inside except for I-94. However now I am waiting my new B2 on AP 221g for 10 business days now.

majorpayne said:
Thanks for the advice guys. I think it would be better for me to wait a couple of months like Triple citizen has recommended. If, for whatever reason, they do reject me again it would be a waste of time and money for me (each application is $150).

I was also wondering, since I've now been rejected once by the US consulate, would this have any negative impact on my future application??
Click to expand...
 
Hi,

I thought I should let you guys know that I re-applied for the tourist visa after being in Canada for 6 months (as Triple Citizen had suggested), and this time my application was accepted. The funny thing again was, they didn't ask me for any documentation other than my PR card. No proof of employment, no bank statements, nothing. They just asked me a couple of questions about my travel history, and they verbally asked me what my profession in Canada was, and that was it! Visa granted.

I'm still confused about how they work. But, it's probably one of those things that I will never understand..

Thanks again everyone (esp triple citizen)
 
salmonito said:
Not at the consulate, but at the border (maybe). I had visa denial in 2003 and in 2009 I was asked inside for questioning every time I crossed the land border. Did you have any problems entering the country? Do you know why we are inviting you inside? Questions like that as if the system does not contain all the info about me. Later i filed online the "complaint" to clear this up and looks like it worked I was not asked inside except for I-94. However now I am waiting my new B2 on AP 221g for 10 business days now.
Click to expand...

Lets hope this doesn't happen to me at the border... :)
 
majorpayne said:
Hi,

I thought I should let you guys know that I re-applied for the tourist visa after being in Canada for 6 months (as Triple Citizen had suggested), and this time my application was accepted. The funny thing again was, they didn't ask me for any documentation other than my PR card. No proof of employment, no bank statements, nothing. They just asked me a couple of questions about my travel history, and they verbally asked me what my profession in Canada was, and that was it! Visa granted.

I'm still confused about how they work. But, it's probably one of those things that I will never understand..

Thanks again everyone (esp triple citizen)
Click to expand...

majorpayne,

When you re-applied, DOS checked you out just as they had before. You simply had a better foothold in Canada at the later date. The U.S. and Canada (and most other countries share a ton of information, especially immigration data and criminal records).
 
Congrats on getting your visa.

There is nothing to be confused about. Six months back you did not have an established residence in Canada. Thus you failed to overcome 214(b). This time around you have an established residence in Canada and thus you overcame 214(b).

majorpayne said:
I'm still confused about how they work. But, it's probably one of those things that I will never understand..
Click to expand...
 
My father-in-law applied for a visitor Visa, he has been given a Visa two times before, First in 2008, and then in 2010. When he applied again, he was rejected, because "you have been to the US too many times". As a US citizen, this response by the consulate really outrages me... Any suggestions or guidelines ? I really don't want to waste money applying over and over if it will just get rejected because we are applying too soon. Would rather just save the money up for applying for a green card once my wife finishes her citizenship ...
 
You should not be outraged. The consular official is tasked with granting visas to only those he/she believes will abide by our (yours and mine) laws. Your FIL must have had a suspicious travel pattern and appear to be living in the US with his child and USC spouse.

The fact that your spouse intends to file for his GC indicates that the VO is correct in his assessment that your FIL does indeed have immigrant intent and thus his visa was properly denied. You admitted that his intent is to live in the US on a public forum.

I am outraged that you are assisting in this fraud on the US immigration system by assisting in the application for a B2 visa for a prospective immigrant.
 
I think I have a right to be outtraged.. My Father in law has no desire to live in the US, but he does have a desire to visit his granddaughter once a year.. I think that is a reasonable request. IF the Consulate would stop and look at, and realize that if he can get a travel visa to see his grand daughter grow up, there would be no need to apply for a green card. If you can't understand that, then you are both callous and blind.

I think this is a failure in the US immigration system, to not understand this.

Also you have no reason to be outtraged, because
1. it is within all legal rights to apply for a green card if so desired. There is NO fraud here. The B2 Visa is specifically for that, a visit. he has visited twice before, and went back.. (He has other children and grandchildren back home)
2. If you read my statement you would clearly understand that the reason I am applying is because my father in law has a right to watch his grand daughter grow up. THere is no fraud here. If the visitor visa was an easier process and not in the hand of bone head idiots, then I would not need to consider a GC application.
3. I was born an US Citizen, and I AM VERY DISAPPOINTED in my government, and in there handling of this matter.

I am outraged at your inability to understand the situation, and to just assume that every immigrant is attempting to commit fraud..
 
You can get as angry as you want and on any thing you deem appropriate. It is indeed your birth right. Now regarding the consul, he/she has no choice but to follow INA regulations. The way the law is worded, every visit visa applicant is a potential immigrant unless and until the applicant convinces the consul otherwise. There are no discretionary powers here. The consuls have to stick to this. Thus, if a consul is not satisfied with the declared intentions of the applicant, he/she has to deny the visit visa application.

gemustafa said:
I think I have a right to be outtraged.
Click to expand...
 
So let me start by stating that my more angry post was a response to Concerned4US. Outrage aside, I'm hoping someone has useful information on getting a visitor visa...

I would have thought that having visited the US twice before, both times never going out of status or doing anything contrary to law would have justified it.. We had established that he has strong ties to his native country, as attested to by the previous two visa's he obtained. nothing has changed in terms of that. I think it seems a very arbirtrary decision on the consulate's part, and pardon my french, seems very idiotic not understand a grand father's desire to visit his grandchild.

What I am hoping for is a suggestion on an appeal process, because we would like to have our daughter know her grandfather well, and since we can't take off work for 3 months a year, its much easier to bring her grandfather here.. or so we would have thought.

But given that there seems to be no easy way to get a visitor visa, the only option to keep the relationship between grandfather and grand child seems ot be to file for a green card. unless someone has an alternate suggestion to the matter.. at elast with a GC, he will still live in his home country but, when he wants to visit us, he can do so without the hassle, or annoyance of going through this visa process which in my mind and in this case is absord and unreasonable.

So what is the numb-nut policy on how often someone is allowed to visit their granddaughter living in the US ? once every two years, once every three, ???? Instead of this inane justification of US policy, this discussion would be better if someone could provide an answer of, how often and possible is it to get my FIL a visa to visit the US. Or a statement that the visitor visa process is fraught with too much peril, and its less troublesome to just get him a GC.. in which case, i'ld like to point out that the US Consulate goal of discouraging immigration by increasing the difficulty of getting a visa, is failing and ineffective.... (SERIOUSLY .. does no one else see the idiocracy in this ?? or the irony ??)




you deem appropriate. It is indeed your birth right. Now regarding the consul, he/she has no choice but to follow INA regulations. The way the law is worded, every visit visa applicant is a potential immigrant unless and until the applicant convinces the consul otherwise. There are no discretionary powers here. The consuls have to stick to this. Thus, if a consul is not satisfied with the declared intentions of the applicant, he/she has to deny the visit visa application.[/QUOTE]
 
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