Ever heard of a petitioned parent that failed a consular interview?

[andresbonifacio 7]

I've never heard of any case where a petitioned parent failed a consular interview.

I have a feeling the interview is just a formality.

Edited May 13, 2010 by andresbonifacio

[bostonmom 0]

I wonder the same too...

[NumberSix 0]

I've been wondering the same also! I heard some folks bring photos, why? I don't know.

[aleful 1,905]

I've been wondering the same also! I heard some folks bring photos, why? I don't know.

It does happen. the parent has to establish a relationship between himself/herself and the child.

[aleful 1,905]

I've never heard of any case where a petitioned parent failed a consular interview.

I have a feeling the interview is just a formality.

are you talking about parents that have never been to the US or those who were in the US ilegally? Big difference.

If your talking only about those who have never been here, it depends if they can establish a relationship between parent and child or not.

[andresbonifacio 7]

are you talking about parents that have never been to the US or those who were in the US ilegally? Big difference.

If your talking only about those who have never been here, it depends if they can establish a relationship between parent and child or not.

I'm talking about those petitioned parents who are still in their home country regardless if they've visited the US before or not.

If NVC approves the case and sends it to the embassy/consulate, doesn't it mean that a relationship between the parent and the petitioning son/daughter has already been established? BTW, the interview I'm talking about is the interview in the foreign country not the one here in the US.

[milimelo 4,477]

There is inadmissibility - it can be found even at the interview stage. The fact that USCIS approved the petition does not mean all is in the clear.

From the website visalaw: http://www.visalaw.com/05apr1/2apr105.html

What is inadmissibility and how can I tell if it applies to me?

The concept of inadmissibility arises in a number of contexts. It is an issue when the visa application is made and when the foreign national seeks entry to the US. It also comes up when a person in deportation proceedings is alleged to have been inadmissible at the time of entry or was not inspected at their entry. It can also be a factor is a permanent resident is alleged to have abandoned their permanent residency.

What are the grounds of inadmissibility?

There are 10 basic grounds of inadmissibility. These are:

· Health related grounds;

· Criminal grounds;

· Security grounds;

· Public charge grounds;

· Labor certifications;

· Undocumented entry and immigration status violations;

· Documentation requirements;

· Ineligibility for citizenship;

· Previous removal or unlawful presence; and

· Miscellaneous

Each of these grounds will be discussed in more detail in the upcoming weeks, but now a brief overview of each is provided.

What are health related grounds of inadmissibility?

Persons with communicable diseases that are considered significant public health risks are inadmissible. Among these diseases are HIV and tuberculosis. Also, a failure to show documentation of certain vaccinations is a ground of inadmissibility. Persons with a history of physical or mental disorders that have or may in the future pose a threat to the property, safety, or welfare of the person or others is inadmissible. Finally, people found to be drug abusers are inadmissible.

What are criminal grounds of inadmissibility?

A conviction of a crime involving moral turpitude makes a person inadmissible. However, a single offense that occurred before the age of 18 and more than five years ago will not be considered, nor will offenses for which the maximum punishment was only one year and the alien was sentenced to six months or less. Convictions for crimes involving controlled substances lead to inadmissibility. Convictions for more than one crime for which the person was sentenced to at least five total years in prison make a person inadmissible. Engaging in prostitution or commercialized vice is a basis for inadmissibility. A person who has committed a serious offense in the US and has claimed immunity from prosecution is inadmissible. Engaging in the persecution of other on the basis of their religious beliefs is a ground of inadmissibility, as is engaging in the trafficking of human beings.

What are security grounds of inadmissibility?

If a consular officer or USCIS inspector has a reasonable ground to believe that the person is coming to the US to engage in espionage or sabotage, or to violate any law relating to prohibitions on exports from the US, the person is inadmissible. Members of a group designated as a terrorist organization are inadmissible, as are people engaged in terrorist activities. If it is determined that the alien’s presence in the US would have negative foreign policy consequences, the person can be denied admission. People who were members of the Communist Party or other totalitarian organizations are generally inadmissible, as are people who assisted in Nazi era persecution. Finally, those who have engaged in genocide are inadmissible.<BR style="mso-special-character: line-break"><BR style="mso-special-character: line-break">

How are public charges related to inadmissibility?

A person who is likely to become a public charge is inadmissible. The effect of this is that family-based immigrants must have a valid affidavit of support.

How can labor certification lead to inadmissibility?

A person coming to the US to work must have a labor certification, unless they are able to qualify for one of the other employment-based immigration categories. People coming to the US to work as physicians must pass part I and II of the National Board of Medical Examiners Examination, or its equivalent. Other health care workers must present certification from designated entities.

How can undocumented entry and immigration status violations lead to inadmissibility?

Anyone who comes to the US without permission of the USCIS or State Department is inadmissible. Failure to attend removal proceedings without a good reason makes a person inadmissible for five years. Anyone who engages in fraud or misrepresentation in an effort to enter the US is inadmissible, as are those who have made a false claim of US citizenship. Those who violate the terms of a student visa are also inadmissible for five years.

How are documentation requirements related to inadmissibility?

If the applicant for entry does not possess a valid immigrant or nonimmigrant visa, they are inadmissible.

How is ineligibility for citizenship related to inadmissibility?

A person permanently barred from obtaining US citizenship is inadmissible. This category of people primarily includes people who got out of military service based on their alienate, and people who left the US to avoid the draft.

How is previous removal or unlawful presence related to inadmissibility?

Aliens who have been deported are inadmissible. After a first deportation, the person is inadmissible for five years, and after subsequent deportations, the period of inadmissibility is 20 years. A person deported because of an aggravated felony is permanently inadmissible. People who have been unlawfully present in the US for more than 180 days but less than a year are inadmissible for three years. Unlawful presence of more than a year leads to inadmissibility for ten years.

What are miscellaneous grounds of inadmissibility?

Persons coming to the US to engage in polygamy are inadmissible. A person is also inadmissible if it is determined that they are required to assist another person who is inadmissible. Persons who have detained a US citizen child outside the US are inadmissible until they comply with any court order regarding the child’s custody. Finally, former US citizens who renounced their citizenship for tax purposes are inadmissible

[comembot0120 1]

I've been wondering the same also! I heard some folks bring photos, why? I don't know.

Before my mom's scheduled interview day (may 12th).. I asked her to

bring some pictures of myself and my mom just in case the CO asked

for a pictures and he actually did... I guess to establish the relationship?

I don't know...

AndresBonifacio, I haven't heard any parents who got a denial during interview.

You are right, It looks like its just a formality.

GoodLuck to your folks!

Joanne

[lonelyparent 0]

I've never heard of any case where a petitioned parent failed a consular interview.

I have a feeling the interview is just a formality.

[lonelyparent 0]

I MIGHT BE THE ONE, A PARENT CANDIDATE (PETITIONED BY DAUGHTER)WHO WILL BE DENIED A VISA.read my post MEDICAL EXPERIENCE

[Lia792 5]

Here's a crazy story not of an interview, but of a petition: http://research.lawyers.com/ask-a-lawyer/I-130-for-Father-and-DNA-Testing-Results-7167.html

I have never heard of a denial (not that I have been following a lot of those cases, though) although I think I remember hearing about a case in Canada where they asked the father for additional documents of some kind.

[andresbonifacio 7]

Before my mom's scheduled interview day (may 12th).. I asked her to

bring some pictures of myself and my mom just in case the CO asked

for a pictures and he actually did... I guess to establish the relationship?

I don't know...

AndresBonifacio, I haven't heard any parents who got a denial during interview.

You are right, It looks like its just a formality.

GoodLuck to your folks!

Joanne

yes, I know they always ask for pictures, my mom already prepared a lot of our pictures. I remember when I had my K1 visa interview 5 years ago, I brought like 50+ pictures of me and my fiancee but the CO only looked at one picture...

I was like..."I have more better ones, don't you wanna see it?"

Edited May 17, 2010 by andresbonifacio

[andresbonifacio 7]

Here's a crazy story not of an interview, but of a petition: http://research.lawyers.com/ask-a-lawyer/I-130-for-Father-and-DNA-Testing-Results-7167.html

crazy indeed. Imagine you discovered your father is not your biological father after you file a petition? Good thing I look a lot like my father, I don't need DNA test to prove it.

[VanessaTony 3,567]

Yes. I know of one girl who had her parents denied.

The reason though in that case was her mother admitted the child was adopted and that she had just "changed the birth certificate". As there was no legal proof of the adoption, and as the "mother" admitted that she doctored the document the parents were denied with a lifetime ban.

The girl never came back to VJ (that I know of) the last comment was the she MAY be in trouble herself as she came over on a K1 and gave a fake birth certificate (she claimed her parents were her birth parents when they weren't, gave a fake certificate, didn't provide adoption papers... she went all the way to USC and they COULD take it from her and give her a lifetime ban). Whether she knew it at the time or not who knows... but it seems strange to me the mother would admit it at the interview if the child didn't already know.

Anyway that's one denial I know of.

[andresbonifacio 7]

hmm, interesting story.

Thanks for sharing Vanessa&Tony.