Question re filling up the DS-156 Form

[ACT1428 0]

Guys,

Need your thoughts and inputs regarding this.

My whole family (mom, 2 younger brothers 1 sister) applied for a B-2 Visa in order to go on vacation in 2000 (my dad already had a B1 at the time). All of them were given 10 year multiple entry-exit B-2 Visas But I was denied a B-2 Visa (Visitor for Pleasure) since I was just a fresh law graduate at the time and had no significant assets or ties to the Philippines according to the Interviewing Official.

One of the questions in Number 38 specifically asks "Have you ever been refused admission to the U.S., or been the subject of a deportation hearing, or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other immigration benefit by fraud or willful misrepresentation or other unlawful means?"

I answered "NO" since my understanding of the question is that the refusal of admission to the U.S. was because of fraud or willful misrepresentation. Since the basis of my denial was due to "lack of ties to the Philippines", there was no fraud or willful representation on my part. Am I correct in my assumption and understanding of the question? And does my denial for a B-2 Visa in 2000 pose a problem with securing a K1 Visa?

[eric_and_teresa 10]

You are right. The answer for question No. 38 is NO, you were not denied admission to the U.S. You were denied a visa.

NOw, question No. 31 must be answered YES.

To answer your last question.. the denial of the B-2 has no effect on the K-1 process. Many who have not met the requirements to receive a B-2 have received a K-1 with no problem.

Edited August 5, 2008 by eric_and_teresa

[ACT1428 0]

You are right. The answer for question No. 38 is NO, you were not denied admission to the U.S. You were denied a visa.

NOw, question No. 31 must be answered YES.

Thanks eric and teresa!

Yup, I answered YES in Question 31 and provided the date of B-2 Visa Denial. Thank God I still had my old passport.

[eric_and_teresa 10]

You are right. The answer for question No. 38 is NO, you were not denied admission to the U.S. You were denied a visa.

NOw, question No. 31 must be answered YES.

Thanks eric and teresa!

Yup, I answered YES in Question 31 and provided the date of B-2 Visa Denial. Thank God I still had my old passport.

You are welcome

That sucks that all your family got a B-2 and you were denied! If anything, being a professional in your home country should prove that you have enough reasons to go back home. You just never know with these officers at the Consulate!

A little off the topic, have you decided what you are gonna do for work in the U.S.? I'm also a lawyer in my country and still have no idea what I want to do in the U.S.

Good luck on your K-1 process!

[ACT1428 0]

You are right. The answer for question No. 38 is NO, you were not denied admission to the U.S. You were denied a visa.

NOw, question No. 31 must be answered YES.

Thanks eric and teresa!

Yup, I answered YES in Question 31 and provided the date of B-2 Visa Denial. Thank God I still had my old passport.

You are welcome

That sucks that all your family got a B-2 and you were denied! If anything, being a professional in your home country should prove that you have enough reasons to go back home. You just never know with these officers at the Consulate!

A little off the topic, have you decided what you are gonna do for work in the U.S.? I'm also a lawyer in my country and still have no idea what I want to do in the U.S.

Good luck on your K-1 process!

That's ok, I totally understood the Consular Officer. She was kind enough to tell me that the only reason for my denial of a B-2 Visa was because of lack of ties.

As for me (assuming I get my K1 Visa and after marrying my fiancee in the U.S.) I'll be concentrating on studying for the California State Bar. Hope you figure out what you want to do in the U.S. You don't want to practice law anymore?

[eric_and_teresa 10]

That's ok, I totally understood the Consular Officer. She was kind enough to tell me that the only reason for my denial of a B-2 Visa was because of lack of ties.

As for me (assuming I get my K1 Visa and after marrying my fiancee in the U.S.) I'll be concentrating on studying for the California State Bar. Hope you figure out what you want to do in the U.S. You don't want to practice law anymore?

That sounds like a good plan! I'm still unsure, for what I know it will take at leas 3 or 4 more years of school and I don't know if I'd like to go back to school at this age again.

Let's keep in touch

[ACT1428 0]

That's ok, I totally understood the Consular Officer. She was kind enough to tell me that the only reason for my denial of a B-2 Visa was because of lack of ties.

As for me (assuming I get my K1 Visa and after marrying my fiancee in the U.S.) I'll be concentrating on studying for the California State Bar. Hope you figure out what you want to do in the U.S. You don't want to practice law anymore?

That sounds like a good plan! I'm still unsure, for what I know it will take at leas 3 or 4 more years of school and I don't know if I'd like to go back to school at this age again.

Let's keep in touch

Did you receive your law degree outside of the U.S? Am not sure with other U.S. States but the California State Bar allows Attorney Applicants from other jurisdictions to take the exam as long as the applicant submits the necessary paperwork and requirements without need of additional schooling.

[eric_and_teresa 10]

That's ok, I totally understood the Consular Officer. She was kind enough to tell me that the only reason for my denial of a B-2 Visa was because of lack of ties.

As for me (assuming I get my K1 Visa and after marrying my fiancee in the U.S.) I'll be concentrating on studying for the California State Bar. Hope you figure out what you want to do in the U.S. You don't want to practice law anymore?

That sounds like a good plan! I'm still unsure, for what I know it will take at leas 3 or 4 more years of school and I don't know if I'd like to go back to school at this age again.

Let's keep in touch

Did you receive your law degree outside of the U.S? Am not sure with other U.S. States but the California State Bar allows Attorney Applicants from other jurisdictions to take the exam as long as the applicant submits the necessary paperwork and requirements without need of additional schooling.

Yes, I graduated in Guatemala. I heard of that before, but I've always wondered if you still probably need to take some classes? Our legal systems are absolutely different. Ours (in Guatemala) is based on civil law and in the U.S. their legal system is based on the common law.

Are you planning on taking some courses before taking the Bar exam? What kind of legal system you guys have on the Phillipines? And would you have to reside in C.A. to practice law after passing the Bar exam?

[ACT1428 0]

That's ok, I totally understood the Consular Officer. She was kind enough to tell me that the only reason for my denial of a B-2 Visa was because of lack of ties.

As for me (assuming I get my K1 Visa and after marrying my fiancee in the U.S.) I'll be concentrating on studying for the California State Bar. Hope you figure out what you want to do in the U.S. You don't want to practice law anymore?

That sounds like a good plan! I'm still unsure, for what I know it will take at leas 3 or 4 more years of school and I don't know if I'd like to go back to school at this age again.

Let's keep in touch

Did you receive your law degree outside of the U.S? Am not sure with other U.S. States but the California State Bar allows Attorney Applicants from other jurisdictions to take the exam as long as the applicant submits the necessary paperwork and requirements without need of additional schooling.

Yes, I graduated in Guatemala. I heard of that before, but I've always wondered if you still probably need to take some classes? Our legal systems are absolutely different. Ours (in Guatemala) is based on civil law and in the U.S. their legal system is based on the common law.

Are you planning on taking some courses before taking the Bar exam? What kind of legal system you guys have on the Phillipines? And would you have to reside in C.A. to practice law after passing the Bar exam?

Philippine Law is also based on Civil Law, however, much of U.S. Jurisprudence and U.S. Laws are "copied" here in the Philippines. Some of my former classmates have already taken the California and New York State Bar Exams and they all passed. You just need to take the Bar/Bri Courses (http://www.barbri.com/app.aspx?cmd=go_home) specifically the review courses for the Bar Exam since the style and mode of testing is different from what we are used to here in the Philippines. But overall, Philippine Law & Jurisprudence is more or less similar with that of U.S. Law & Jurisprudence.

As to your question about the residency requirement, I am unsure but I think that residency is not a requirement as long as you are admitted to practice law in California and continue to be a member in good standing. That's just my two cents worth though

[eric_and_teresa 10]

Philippine Law is also based on Civil Law, however, much of U.S. Jurisprudence and U.S. Laws are "copied" here in the Philippines. Some of my former classmates have already taken the California and New York State Bar Exams and they all passed. You just need to take the Bar/Bri Courses (http://www.barbri.com/app.aspx?cmd=go_home) specifically the review courses for the Bar Exam since the style and mode of testing is different from what we are used to here in the Philippines. But overall, Philippine Law & Jurisprudence is more or less similar with that of U.S. Law & Jurisprudence.

As to your question about the residency requirement, I am unsure but I think that residency is not a requirement as long as you are admitted to practice law in California and continue to be a member in good standing. That's just my two cents worth though

Thanks for the link, I'm gonna check it out. That's good to know some of your lawyer friends have passed the bar exam already. I think that the fact that your legal system is similar to the U.S. legal system helps a lot.

[ACT1428 0]

Philippine Law is also based on Civil Law, however, much of U.S. Jurisprudence and U.S. Laws are "copied" here in the Philippines. Some of my former classmates have already taken the California and New York State Bar Exams and they all passed. You just need to take the Bar/Bri Courses (http://www.barbri.com/app.aspx?cmd=go_home) specifically the review courses for the Bar Exam since the style and mode of testing is different from what we are used to here in the Philippines. But overall, Philippine Law & Jurisprudence is more or less similar with that of U.S. Law & Jurisprudence.

As to your question about the residency requirement, I am unsure but I think that residency is not a requirement as long as you are admitted to practice law in California and continue to be a member in good standing. That's just my two cents worth though

Thanks for the link, I'm gonna check it out. That's good to know some of your lawyer friends have passed the bar exam already. I think that the fact that your legal system is similar to the U.S. legal system helps a lot.

Well, I hope that we were able to help. Here's wishing the best that life has to offer you guys