Sister-In-Law's B-1 Visa Declined in Havana

[J.Ro 1]

My husband's sister-in-law had her interview for a B-1 visa this morning at the US Special Interests in Havana and was declined. We waited almost 2 years for this interview so of course we are all very disappointed.

The official did not provide her with an explanation for the denial, nor any information about appealing the decision. We provided her with a letter of introduction, explaining the family relationship and her ties to Cuba (all family except my husband, and a good job), as well a copy of our 2010 tax returns and a letter from my employer stating my salary, etc.

The only potential issues we can identify is that she may have had a hard time explaining my job (which does not exist in Cuba). Also, when asked what my husband does, she said he is a nurse, when in reality he is a nursing student. But we have no idea if these minor discrepancies were the reason for denial. We were told to provide proof of financial support so we provided supporting documentation with that in mind.

Some questions:

1) Is there a way to appeal the decision? How?

2) If she has another interview, should we plan to go to Havana to be there?

3) How can we better prepare in the future?

If any of you Cuban VJers have experience with B-1 visas with family members, please let me know. It appears that we were not prepared, and we don't want to make the same mistakes again.

J.Ro

[J.Ro 1]

My husband's sister-in-law had her interview for a B-1 visa this morning at the US Special Interests in Havana and was declined. We waited almost 2 years for this interview so of course we are all very disappointed.

The official did not provide her with an explanation for the denial, nor any information about appealing the decision. We provided her with a letter of introduction, explaining the family relationship and her ties to Cuba (all family except my husband, and a good job), as well a copy of our 2010 tax returns and a letter from my employer stating my salary, etc.

The only potential issues we can identify is that she may have had a hard time explaining my job (which does not exist in Cuba). Also, when asked what my husband does, she said he is a nurse, when in reality he is a nursing student. But we have no idea if these minor discrepancies were the reason for denial. We were told to provide proof of financial support so we provided supporting documentation with that in mind.

Some questions:

1) Is there a way to appeal the decision? How?

2) If she has another interview, should we plan to go to Havana to be there?

3) How can we better prepare in the future?

If any of you Cuban VJers have experience with B-1 visas with family members, please let me know. It appears that we were not prepared, and we don't want to make the same mistakes again.

J.Ro

CORRECTION TO ABOVE: B-2 VISA WAS DECLINED, not B-1.

[Jojo92122 1,924]

My husband's sister-in-law had her interview for a B-1 visa this morning at the US Special Interests in Havana and was declined. We waited almost 2 years for this interview so of course we are all very disappointed.

The official did not provide her with an explanation for the denial, nor any information about appealing the decision. We provided her with a letter of introduction, explaining the family relationship and her ties to Cuba (all family except my husband, and a good job), as well a copy of our 2010 tax returns and a letter from my employer stating my salary, etc.

The only potential issues we can identify is that she may have had a hard time explaining my job (which does not exist in Cuba). Also, when asked what my husband does, she said he is a nurse, when in reality he is a nursing student. But we have no idea if these minor discrepancies were the reason for denial. We were told to provide proof of financial support so we provided supporting documentation with that in mind.

Some questions:

1) Is there a way to appeal the decision? How?

2) If she has another interview, should we plan to go to Havana to be there?

3) How can we better prepare in the future?

If any of you Cuban VJers have experience with B-1 visas with family members, please let me know. It appears that we were not prepared, and we don't want to make the same mistakes again.

J.Ro

All foreign nationals wanting visitor visas to the US are presumed to have the intent to immigrate. An applicant must provide evidence of strong ties to his/her country in order to overcome the presumption of illegal immigration. In other words, what are the reasons for returning home after a trip to the US.

While you can provide documentations of financial support for her trip to the US, you cannot guarantee that she will return to Cuba. Your husband's sister-in-law has to qualify for the B-2 visa on her own merits.

To answer your questions;

1. No. There is no way to appeal the denial of a B-2 visa application.

2. You being there will not affect the outcome.

3. To better prepare for the future, your husband's sister-in-law should be prepare documentation on overcoming the reason for the denial. The reason should be on the form that was given to her indicating the application was denied.

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http://travel.state.gov/visa/temp/types/types_1262.html#14

Visa Denials

If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis for the refusal. For additional information, select Denials to learn more. In the absence of new evidence, consular officers are not obliged to re-examine such cases.

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http://travel.state.gov/visa/frvi/denials/denials_1361.html

Visa Denials

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

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

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or ( F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

Return to Visa Services Page

Inquiries on visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.

Edited July 21, 2011 by Jojo92122

[Jojo92122 1,924]

http://www.usavisitorvisa.com/visitorvisa/us_visa_denial.htm

US Visa Denial or Refusal or Rejection

USA Visitor , tourist B1-B2 visa denied or refused?

If your US visa is rejected or refused, you will be told the reason for rejection of visitor visa at the visa interview.

Depending on what type of visa you have requested there can be several reasons for a visa refusal or denial.

Each applicant is evaluated individually to obtain a total picture of his/her situation when they apply.

Consulate will look for person's career, financial, property, social, family and other commitments in home country. Applicant must be able to prove that support a conclusion that you applicant will leave the United States after a temporary visit and will not misuse the visa during stay in the US.

The most common refusals are under Section 221(g) and Section 214(b) of the US Immigration and Nationality Act.

221g : If any information or documents missing. Consulate will tell you the list of missing or additional documents needed. You can submit those documents in timely manner and consulate will evaluate and after their processing consulate will make the final decision.

Most of the cases refusal (221g) can be just because of any documents missing or any additional information required by the consulate. See a sample of 221g document.

214(b) : Refusals under Section 214(b), is suggest that you do not qualify for the visa , or do not meet the qualifying criteria example : you do not have enough ties, Or you have not overcome a presumption that you are using the visa to immigrate or work illegally in the United States.

If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.

What does a consular officer look for during a visa interview?

Each case is different in its own and consular officer evaluates each visa application on its own merits according to visa law and procedures. In addition to U.S. security, the officer considers the applicant’s personal circumstances, honesty, travel plans, financial resources and ties outside of the United States that will ensure his/her departure after a temporary visit.

Consular officers tend to focus on factors that help us determine whether the applicants possess compelling ties to applicant’s home country:

If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have INS approval to do so? (Note: Please have the applicants bring their INS extension approval notices to their interview).

If the applicants have traveled to the U.S. previously, how long have they been back in home country?

How many children and grandchildren do the applicants have back in home country?

Have the relatives in the U.S. ever returned to home country to visit their families as is normal for foreign students, workers, and residents in the U.S.?

Are the applicant active professionally in their home country; if so, what is their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement of the Immigration and Nationality Act to show that they have a permanent residence in their home country.

Each visa application is thoroughly examined and evaluated on its own merits.

If my visa rejected , can I get my fee back ?

No, if your visa rejected there is no refund of the visa application fee.

How do I appeal a visa refusal?

There is no right of appeal for nonimmigrant visa decisions. You can re-apply if you want. There is no restriction on number of time you can re-apply. Each time you must go though the complete process including paying the fee.

[Ide & Sam 1]

I'm sorry. I don't have specific experience with this. But I have been under the impression that tourist visas from Cuba are routinely rejected unless the Cuban national shows strong ties to Cuba and their intent to return. Considering the Cuban Adjustment Act / Wet Foot dry Foot....I've heard that immigration is very specific when granting these visas.

Sorry to hear about this...hopefully someone can give you some first hand experience with how to proceed.

[Wanda and Amel 17]

I have had family members attempt to visit the US on a tourist visa. ALL have been declines as "potential immigrant." The age of the person is a factor. The younger the person, the more likely they will be denied.

[ryna 132]

It would doubly tough in the case of a Cuban national as every non-immigrant visa issued is a path to LPR. Whether that person intends to exercise that path or not, it exists.

[Ide & Sam 1]

I'm not sure how it works, but maybe you can look into the Cuban Family Reunification Parole (CFRP) Program ?

Reunification Program