H1 got rejected in Mexico

P

pipedream

Registered Users (C)
My friend's h1 visa got rejected in Mexico... Any suggestions on how to come out of this mess? I appreciate any inputs.

I don't know the specifics but this is the information I got-

He has been working on an H1 with a company for some time.
He went to Mexico to apply for H1 visa stamp in his passport
He was on an F-1 which was not yet expired but has been canceled by consulate in Mexico
The reason given was he had been to some middle eastern counrty to visit his sister.
What are his options? He is from India and is confused whether to go back to India (leaving a very good paying job, car, property) and apply for visa stamp in Chennai... Or stay back in Mexico until this is resolved...
 
What exactly was the reason for the denial? If it was pending, there is a point in staying back in Mexico and waiting it out. However since it has been denied, I see no point in staying in Mexico. Whether a re-attempt in India would be successful will depend on the "denial code" in Mexico.
 
Triple Citizen said:
What exactly was the reason for the denial? If it was pending, there is a point in staying back in Mexico and waiting it out. However since it has been denied, I see no point in staying in Mexico. Whether a re-attempt in India would be successful will depend on the "denial code" in Mexico.
Click to expand...

Thanks Triple, I think it has been denied and this was what was given with a print out

You have been found ineligible for a visa under the following section of the Immigration and Nationality Act:
Section 214(b) : unchecked
Section 221(g) : unchecked
Other : checked
Your case is pending clearance procedure. Once our office receives proper authorisation we will notify you to return to finalize...
 
Pipedream,
That clearly indicates that the case is pending and not (yet) denied. I am pretty sure a name check from DC has been requested. The consulate will not make a final determination until the results come back.
 
Thanks!

Triple Citizen said:
Pipedream,
That clearly indicates that the case is pending and not (yet) denied. I am pretty sure a name check from DC has been requested. The consulate will not make a final determination until the results come back.
Click to expand...

Thanks for the information Triple Citizen...
 
Has your friend tried crossing back over? Ask him to go and plead his case at the border immigration office. Something to the effect that he will lose his job or he has in-sufficient funds to stay back for an indefinite period. He might come across a kind ear and get lucky.

My visa is still pending for the last 10 weeks now but I was fortunate and allowed to re-enter. The probability for re-entry is very low, but definitely worth the try. If he is not allowed, he should go and try again after a few days. There was also some mention somewhere of paying some kind of $250 fee at the border office that might let you through but I am not sure who qualifies for that kind of waiver of whether that is even remotely true. Otherwise everyone would have been paying $250 to return back - but worth finding out more about. Flying back to India means abandoning this application and he will have to apply afresh. Please see my signature for more details.

Good luck,

Jawad
 
Thanks

Thanks jwdkhan for the information, I'm not sure if he tried that, you are right, it's worth a shot...
 
Pleading can help when someone has a visa and the admitting officer is having doubts whether to grant entry or not. Even the most compassionate officer will not overcome an essential requirement, such as the need for a visa. However, miracles and mistakes often happen. Bear in mind, approaching the US border without proper visas/documents are grounds for immediate deportation as far as I know.

jwdkhan said:
Has your friend tried crossing back over? Ask him to go and plead his case at the border immigration office. Something to the effect that he will lose his job or he has in-sufficient funds to stay back for an indefinite period. He might come across a kind ear and get lucky.
Click to expand...
 
Triple Citizen said:
Pleading can help when someone has a visa and the admitting officer is having doubts whether to grant entry or not. Even the most compassionate officer will not overcome an essential requirement, such as the need for a visa. However, miracles and mistakes often happen. Bear in mind, approaching the US border without proper visas/documents are grounds for immediate deportation as far as I know.
Click to expand...

Talking to a border immigration officer to let you through because your case is still being processed at the consulate should not warrant deportation. I believe this person would have some sort of documentation (H-1B I-797) that he was using for his visa stamping.

I also believe his friend's case is not very different from mine. When they finally decided to let me through, I was asked for my I-797 and employment verification letter and my I-94 was returned to me. Other than being refused, I see no harm in trying to convince them.

Good luck to your friend.

Jawad
 
Thanks to both you guys, your input is very useful... He tried at the boarder without any luck, he got his stay in Mexico extended and is going to fly to India in a day or two...

Tough luck! He tried to fly a couple of days ago but he wasn't let flown as the flight was going to make a stop in Chicago he wasn't intending to get down while in the US or anything, still he was refused... It's insane that he had to pay 3 grand or something close to that for a flight that doesn't enter into the US... Pure guy, he is in deep.....
 
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