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Filed: Timeline
Posted

Hi All,

Any help on the following would be greatly appreciated. My brother overstayed a tourist visa by 3 months in 2000. I am having a wedding ceremony in San Fran next year and want him to be my best man, but when he tried to attend come visit last year, the embassy would not grant him a travel visa.

He has his own, successful business and a home, which he proved to the immigration officer, but despite these compelling reasons to return to our home country, they still refused to grant him a visa.

Any suggestions for getting him a visa,

Thanks!!

Filed: Country: Spain
Timeline
Posted
Hi All,

Any help on the following would be greatly appreciated. My brother overstayed a tourist visa by 3 months in 2000. I am having a wedding ceremony in San Fran next year and want him to be my best man, but when he tried to attend come visit last year, the embassy would not grant him a travel visa.

He has his own, successful business and a home, which he proved to the immigration officer, but despite these compelling reasons to return to our home country, they still refused to grant him a visa.

Any suggestions for getting him a visa,

Thanks!!

Its not about having compelling reasons to return. Its about that he violated immigration law by overstaying a previous visa. He will need a new B2 visa...dont know how hard or how easy that might be.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Filed: Country: Canada
Timeline
Posted

Hi All,

Any help on the following would be greatly appreciated. My brother overstayed a tourist visa by 3 months in 2000. I am having a wedding ceremony in San Fran next year and want him to be my best man, but when he tried to attend come visit last year, the embassy would not grant him a travel visa.

He has his own, successful business and a home, which he proved to the immigration officer, but despite these compelling reasons to return to our home country, they still refused to grant him a visa.

Any suggestions for getting him a visa,

Thanks!!

Its not about having compelling reasons to return. Its about that he violated immigration law by overstaying a previous visa. He will need a new B2 visa...dont know how hard or how easy that might be.

His previous immigration violations made him inadmissible. He now needs to overcome that inadmissibility. But because of that overstay, his chances of getting a visa are very slim... All he an do is apply again, bring evidence of his return.. and keep on plugging away. It may be wise for him to get an immigration attorney involved...

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Filed: Timeline
Posted

Its not about having compelling reasons to return. Its about that he violated immigration law by overstaying a previous visa. He will need a new B2 visa...dont know how hard or how easy that might be.

Thank you, all comments are appreciated. Does anybody have any actual experience with a similar situation? The reasons for my brother's difficulties are clear; what I am hoping for are suggestions to overcome them.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Which Consulate did he apply at.

What is his nationality.

When did he last apply.

What evidence did he present to support non immigrant intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted
Which Consulate did he apply at.

What is his nationality.

When did he last apply.

What evidence did he present to support non immigrant intent.

He is Irish and he applied in Dublin last year (October). It has been 5-6 years since he was in the US. He owns a successful business and is currently building a home. Any suggestions?

Posted

Consult with an immigration attorney.

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well a 3 month overstay does not make a ban, but he is ineligible for use of the VWP as you no doubt know.

Write a letter of invitation, make sure he has all the documentation that clearly shows he is a good boy now and will not reoffend and have another go.

Keep the 'presentation' concise, perhaps a summary with any supporting docs, they only give you a few minutes to make your case.

Consult with an immigration attorney.

He does not want to immigrate, he wants to visit.

There is not a lot a lawyer can do, all about making sure you put your best foot forward and keep you fingers crosssed.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: United Kingdom
Timeline
Posted
make sure he has all the documentation that clearly shows he is a good boy now

Like, has he visited any other countries since his overstay in the US, and did he comply with the non-immigrant terms of those visits? That is a useful way for people in 'difficult' countries to get a US visa--they show that they have visited other countries and returned home.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-1 Visa Country: Wales
Timeline
Posted

True, but I would expect Ireland to be a relatively easy one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted

Boiler,

Lawyers are trained to do that and many people are not very good at it - putting one's best foot forward is one of the good reasons to use an attorney.

Yodrak

There is not a lot a lawyer can do, all about making sure you put your best foot forward ....
  • 2 months later...
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I would start by getting him to call the London Embassy or is there a US Embassy in Dublin?

Tell them that he want's to come over for your wedding and see what they suggest.

I was told that it is up to each immigration officer at the airport so whereas one might not allow him to travel another may allow it.

If your brother speaks to his local Embassy they may be able to advise him the best thing to do

6/05/06 - Mailed off the I29f

06/20/06 - Cheque cashed

7/07/06 - Still not received NOA1. Call CSC. They have input our address incorrectly. Give them the correct details. Also find out what our case number is from them so can check for touches!

07/13/06 - Receive RFE

07/26/06 - Email confirmation they have RFE

07/27/06 - Touched

08/23/07 - Call CSC to find out where NOA1 is and what date was on it. As it was sent to the wrong address it came back as undeliverable. They will not send it out again unless we send them a written request. However date was;

06/09/06 - NOA1

09/07/06 - NOA2 email confirmation

09/28/06 - NVC say they have sent details to US Embassy in London

12/09/06 - Sent back packet 3 recorded delivery

10/30/06 - Medical

11/06/06 - Interview confirmed 1st December!

01/17/07 - Wedding booked in Vegas

Filed: K-1 Visa Country: Wales
Timeline
Posted
I would start by getting him to call the London Embassy or is there a US Embassy in Dublin?

Tell them that he want's to come over for your wedding and see what they suggest.

I was told that it is up to each immigration officer at the airport so whereas one might not allow him to travel another may allow it.

If your brother speaks to his local Embassy they may be able to advise him the best thing to do

This post was 2 months ago.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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