Department of State, Advisory Option

F

finecur

New Member
Department of State, Advisory Opinion

Hi, I have US green card and would like to have my mother visit us. But she was rejected of B2 visa three times in Beijing, China. I talked to an immigration lawyer, he believe the reason to reject her visa is unlawful. He suggested we ask the Department of State issue an Advisory Opinion and then take it to the Embassy at Beijing. Anyone heard of the "Advisory Opinion"? How it works? Is it very effective?

Thanks,

ff
 
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I am fairly positive that a visa rejection is not unlawful. A host country does not even need to give a reason to reject a visa to a non-citizen. However, just for sheer curiosity, was your mother given any other "rejection code" besides 214(b)?
 
It maybe that they suspect your mother of immigrant intent

To be approved, she must show,

Strong,, social, emotional, financial and family ties to home country
 
My mother came to US on B2 at May 2002. She stayed 6 months and we got an extension so she stayed for another 6 months. Then in about May 2003there was SARS (a deadly disease) in China so we applied for another extension. We believed it was a very strong case because even the US government at that time asked people did not go to China. This extension was rejected however at Oct 2003. In about 10 days after we receieved the rejection letter, my mother went back to China.

Now we try to get my mother here at B2. But for three times, her B2 application was rejected at Beijing Embassy because the immigration officer said she stayed here too long in 2003. My immigration lawyer believes there was no over-stay. And even there was, it should not have any impact because it was 4 years ago. He suggest us ask Department of State to issue an Advisory Opinion and then take it too Beijing Embassy.
 
Look at your mother's visa application from the consul's point of view. She stayed in the US for 17 months during her previous "visit". Technically speaking there was an overstay. Her first I-539 was approved, but her second I-539 wasn't. Thus she overstayed for the last 5 months in 2003.
 
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