Tourist Visa Denied - ?

[k1CsUser 0]

Hi There.

I petitioned for my uncle and aunt to visit me in the US for 3-4 weeks. Reason: I asked them to stand godparents to my child. I submitted all necessary evidence of financial support such as I 134, bank statement, employment verification, assets info, sworn statement that they won't become public charge or stay in the US illegally etc ... They provided proof of "strong ties to home country" in shape of real estate ownership proof (2 properties), land ownership, stable job for my aunt and self employment proof for my uncle. In addition, they have family and social ties, which were explained. Their visa got denied due to "lack and/or insufficient financial ties to home country".

I feel this is simply a bad call on the part of the interviewing officer. I mean how much more proof of ties to home country do they need? In addition, I have a history of inviting someone and having them return to their home country on time. I sent a request to clarify but got no answer from the embassy. I contacted our senator's office to see if they can get a response from them. I was told that the final say is at the consulate, which I already knew.

I was just wondering if:

1) was the denial justified?

2) me contacting the senator .. at all helpful?

3) since there isn't a limit on tourist visa applications per person, senator's office recommended that we get an official denial reason (by the way - my relatives were not given an official denial slip), apply again and this time supplement the application with a support/guarantee packet from the senator's office. good suggestion or not so much??

[Brother Hesekiel 2,236]

The most important question: what country?

Why?

Let me put it this way: there are many Canadians crossing the border to Vermont almost on a daily basis, but they go home again. Why? Because there's nothing in the US they don't have at home. But not so the Mexicans. Why? Do you need to ask?

That's why people from Sweden, Norway, England or Italy can visit the US without problems, while people from Nigeria, Mexico, or Colombia have a hell of a problem to visit.

[griffin 7]

HERE AS AN EXPLAINATION RELATING TO THAT ,PASTED FROM MNL EMBASSY:

All B-1, B-2, F-1, F-2, H-2A, H-2B, H-3, J-1, J-2, M-1, M-2, O-2, P-1, P-2, P-3, and Q-1, applicants must qualify under Section 214(b) of the U.S. Immigration and Nationality Act (INA). The Act which states:

"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa... that he is entitled to nonimmigrant status..."

Essentially, the visa officer needs to see that the applicant has compelling reasons to return to the Philippines. By law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that the applicant’s ties to the Philippines will compel him or her to return at the end of a temporary stay in the United States.

EVIDENCE OF TIES

Ties are the aspects of one’s life that bind him or her to his or her place of residence, including family relationships, employment and possessions. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of their parents, and the applicant's long-range plans and prospects in the Philippines. As each person's situation is different, there is no set answer as to what constitutes adequate ties.

The following supporting documents may or may not be requested from the applicant and are only required at the discretion of the consular officer:

Bank statements for the last three (3) months and both current and former bank account passbooks

Employment certification including salary, tenure and position

Form W-2

Income tax return with Bureau of Internal Revenue (BIR) or bank stamp

Audited financial statement with BIR or bank stamp

Pay slips for the last three (3) months

Credit card statements for the prior three months

Vehicle registration with official receipt

Land titles (no certified copies please)

Pictures of family, home or business

Wedding photos

Marriage certificate printed on the Philippine National Statistics Office security paper, if applicable

Birth certificate printed on the Philippine National Statistics Office security paper

For students, certificate of school registration

Certification of membership to legitimate organization(s)

Due to the large volume of applications processed each day, consular officers may not always look at supporting documents, unless there are points in the application forms or in the interview that need clarification.

Notes:

In certain cases, additional documents may be requested.

All documents must be originals. Photocopies will not be accepted, unless specified. The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify under INA Section 214(b).

AFFIDAVIT OF SUPPORT

In general, affidavits of support of any sort from relatives or sponsors will be of little value to an applicant (except to student visa applicants). The Affidavit of Support is a requirement only for immigrant visas. The interviewing officer is less concerned about how the applicant will be supported during his or her stay in the United States than whether the applicant has compelling reasons to return home. We encourage the interested third parties to save their time and money and not prepare affidavits of support.

POSTING OF BONDS

There is no provision in the law that allows for the posting of bonds as a guarantee of return. Moreover, this is not considered as familial, social, economic or professional ties that can affect the applicant’s eligibility for a visa

[Darnell 8,478]

Hi There.

I petitioned for my uncle and aunt to visit me in the US for 3-4 weeks.

No, you didn't. THEY filed a tourist visa application. You didn't petition anything for anyone.

re: the denial - sure ! they can always try again, is no limit - go ahead - try - nothing ventured, nothing gained.

this time supplement the application with a support/guarantee packet from the senator's office there is such a thing? wow !

Edited May 22, 2010 by Darnell

[inloveVEN 46]

Hi

in my opinion, Turist visa are more like a matter of good luck. Sometimes you can see people, that with not doubt you think they are gonna be rejected, and suddenly appear with valid Visa, against other people that show strong ties and prosperity in their country and their petition have been denied.

You can try several times, the only thing you have to take care is that there are some rules about time to re-try and if you dont take thin in account you could waist your money

Edited May 22, 2010 by inloveVEN

[mrs. wife! 3]

Your uncle is the one who has to provide them letter of employment, assets, pay stubs etc.

The only thing they care is proof that he won't get the visa and stay in the US illegally.

He can always try again. Tell him to get every document that proves he has no intention to overstay and try another interview.

Good luck!

[Ning 619]

Hi There.

I petitioned for my uncle and aunt to visit me in the US for 3-4 weeks. Reason: I asked them to stand godparents to my child. I submitted all necessary evidence of financial support such as I 134, bank statement, employment verification, assets info, sworn statement that they won't become public charge or stay in the US illegally etc ... They provided proof of "strong ties to home country" in shape of real estate ownership proof (2 properties), land ownership, stable job for my aunt and self employment proof for my uncle. In addition, they have family and social ties, which were explained. Their visa got denied due to "lack and/or insufficient financial ties to home country".

I feel this is simply a bad call on the part of the interviewing officer. I mean how much more proof of ties to home country do they need? In addition, I have a history of inviting someone and having them return to their home country on time. I sent a request to clarify but got no answer from the embassy. I contacted our senator's office to see if they can get a response from them. I was told that the final say is at the consulate, which I already knew.

I was just wondering if:

1) was the denial justified?

2) me contacting the senator .. at all helpful?

3) since there isn't a limit on tourist visa applications per person, senator's office recommended that we get an official denial reason (by the way - my relatives were not given an official denial slip), apply again and this time supplement the application with a support/guarantee packet from the senator's office. good suggestion or not so much??

You cant petition for a tourist visa for them.

#1 Yes because its based on the history of people from the P I abusing tourist visas.

#2 Yes because it serves to show you & others that it doesnt help to obtain visas. It also made you feel you did all that you could think of.

#3 They can apply as many times as they want. Each time they will be asked if they applied before & what the outcome was. That history will have to overcome to change the outcome. A support document may sound like they intend to remain in the USA & need support.

The documents you say you submitted before also serve to make it look as though they are attempting to immigrate. The problem is all people entering the USA are presumed to be immigrants.

Tourist visas from high fraud countries can be almost impossible to get. It hasnt got anything to do with luck. Its past history & discresion of the officer at the window.

[Darnell 8,478]

this time supplement the application with a support/guarantee packet from the senator's office

what was this 'packet', exactly ?

[sachinky 465]

Tourist visas are always a ####### shoot. 50/50 chance of getting one.

You will need SIGNIFICANT and OVERWHELMING ties to your home country in order to convince the CO that you will not overstay your welcome in the U.S.

The applicant has to meet the requirements on his/her own. Promises/assurances by the USC mean nothing, ultimately.

[pixie77 2]

It also depends on the interviewing consul. They can be subjective in the way they answer the questions. Yes, they might show they have a lot of properties, lots of money but that doesnt tell the consul anything, because they may opt to stay here and someone else can take care of their properties, something like that. It's the overall package that the applicants present to them that will convince them and how they manage the interview.

If they're a married couple, they should have joint bank accounts or income tax filing, if your aunt is employed maybe she can ask her HR department to give her a letter indicating that she's working with the company for so and so years and that she was granted 3 weeks leave, something like that. If your uncle is self employed, submit evidences that his company is in good standing and have been operating in the country for awhile, tax filings,etc...submit family pictures with their kids, if they have. Sometimes little things like that helps especially if they're young kids because it shows relationship to their children. But like I said its subjective, nothing is a guarantee, and however way you vouch that you'd be able to support them, it doesnt hold any bearing because the consul should see that they can support themselves more than you can support them. Also, like JUST BOB said, it depends on which country they're coming from.

Goodluck!