B2 Visa Rejected

[xFuntoosh 0]

Hi everyone,

My grandma applied for the B2 visa, and it was rejected at her interview. Our situation is a little complicated over here...

My grandma has two children. My Aunty and my father. A daughter and son. So, my Aunty went to the US to study when she was 16 or 17. I wasn't born yet. So, she stayed there and she married in 2002. Her husband is an American citizen and now she is one too. My father, meanwhile, stayed here in Singapore. Ten years ago, when I was a little kid, my grandma had her immigrant visa approved. (I'm not sure what class it is for - my Aunty sponsored for her and it was all done) But she didn't want to leave me behind, even for a week, so she didn't go. The visa expired. My Aunty also sponsored for her brother, i.e., my father. They were only done processing last year. It took 10 years, such a long time. My visa is also automatically done because I'm his daughter. Our visas were approved, so we're leaving on 1st June.

Now. My grandma also wants to come with us, and she applied for a B2 visa, upon my Aunty's advice. It all went okay at first, and at the interview, the consular officer asked her, "Why do you want to go to America?" She said that because my father and I were going, she would be alone and she wanted to go too. So she looked and found my grandma's old immigrant visa, then she rejected it. Moreover, all the three officers were very rude. It wasn't even fair - it was rejected under section 214 (b), and she only asked that question. Maybe we're in the wrong for applying for the wrong type of visa. (I don't think either of them saw the sense that applying for a 1-year B2 visa wouldn't work)

What would you advice? Is it possible for her to apply for another immigrant visa?

[milimelo 4,494]

Well grandma obviously has immigrant intent and was rightfully refused B2 visa. Have aunt file another I-130 for grandma. It will take between 8-10 months for grandma to get immigrant visa. She will have to wait it out in Singapore as she can't get a tourist visa.

[aaron2020 11,651]

Hi everyone,

My grandma applied for the B2 visa, and it was rejected at her interview. Our situation is a little complicated over here...

My grandma has two children. My Aunty and my father. A daughter and son. So, my Aunty went to the US to study when she was 16 or 17. I wasn't born yet. So, she stayed there and she married in 2002. Her husband is an American citizen and now she is one too. My father, meanwhile, stayed here in Singapore. Ten years ago, when I was a little kid, my grandma had her immigrant visa approved. (I'm not sure what class it is for - my Aunty sponsored for her and it was all done) But she didn't want to leave me behind, even for a week, so she didn't go. The visa expired. My Aunty also sponsored for her brother, i.e., my father. They were only done processing last year. It took 10 years, such a long time. My visa is also automatically done because I'm his daughter. Our visas were approved, so we're leaving on 1st June.

Now. My grandma also wants to come with us, and she applied for a B2 visa, upon my Aunty's advice. It all went okay at first, and at the interview, the consular officer asked her, "Why do you want to go to America?" She said that because my father and I were going, she would be alone and she wanted to go too. So she looked and found my grandma's old immigrant visa, then she rejected it. Moreover, all the three officers were very rude. It wasn't even fair - it was rejected under section 214 (b), and she only asked that question. Maybe we're in the wrong for applying for the wrong type of visa. (I don't think either of them saw the sense that applying for a 1-year B2 visa wouldn't work)

What would you advice? Is it possible for her to apply for another immigrant visa?

That one question was enough to determine that your grandmother intended to violate US immigration laws by improperly using a non-immigrant visitor visa to immigrate to the US. So, do you think consular officers are nice to people who are seeking to violate US laws? Understand that your grandmother was telling the consular officers that she intended to violate US laws if given a visitor visa.

[jaycali 415]

Agree with the other posters.

A CO has to by law consider any applicant an intenting immigrant. Immigrating on a B-2 is illegal so it's up to the applicant to prove sufficient ties to their home country to prove they will return home. Is she a Singapore citizen? She didn't need a visa if she had intended to stay for less than 90 days since Singapore is a VWP country. Since she has a visa refusal, she now needs one anyway..

The CO decided that because your grandma's entire family was moving to the US, and she said she'd be all alone in Singapore, your grandmas was intending to use the B-2 visa to go to the US and stay there. Remember, she's guilty until proven innocent under US immigration law.

I'm sorry, but this is one case where I wouldn't bother to re-apply. It's a clear cut case. Have your aunt file a new I-130 petition on her behalf. She's considered an immediate relative so the waiting time is likely to be less than a year. When interviewing for an immigrant visa, her past B-2 refusal won't matter at all, since immigrant intent is the entire point of an immigrant visa.

Edited April 11, 2012 by jaejayC

[xFuntoosh 0]

Thanks for your inputs. My Aunty spoke to a lawyer, and the lawyer advised her to just apply for another immigrant visa like you guys did. The current plan is to have my Aunty sponsor for her, and at the same time, she can leave with us under the visa waiver programme. But I'm a little confused about it.

The consular officer told her that she was not eligible, after the visa was rejected. The first consular officer (who took her documents and all that) asked if she had applied for the VWP. When my grandma didn't understand, she just told her curtly, "Forget it." Well, I'm not sure how much truth there is in the consular officer's words, because the letter itself didn't say anything about being ineligible for the VWP. Is there any section of the law that proves the consular officer correct?

BTW, she will return after the 90 days are up, and then wait for my Aunty's immigrant visa to be done and all that stuff. How do you travel under the VWP anyway? Just go there and say that you're a Singapore citizen or what?

[grrrrreat 109]

Thanks for your inputs. My Aunty spoke to a lawyer, and the lawyer advised her to just apply for another immigrant visa like you guys did. The current plan is to have my Aunty sponsor for her, and at the same time, she can leave with us under the visa waiver programme. But I'm a little confused about it.

The consular officer told her that she was not eligible, after the visa was rejected. The first consular officer (who took her documents and all that) asked if she had applied for the VWP. When my grandma didn't understand, she just told her curtly, "Forget it." Well, I'm not sure how much truth there is in the consular officer's words, because the letter itself didn't say anything about being ineligible for the VWP. Is there any section of the law that proves the consular officer correct?

BTW, she will return after the 90 days are up, and then wait for my Aunty's immigrant visa to be done and all that stuff. How do you travel under the VWP anyway? Just go there and say that you're a Singapore citizen or what?

You're getting really terrible advice. You and your family need to slow down, educate yourself, and not make any more rash mistakes. First: if your grandma wants to immigrate to the U.S., your aunt may petition for an immediate relative visa. But the process takes several months, and likely won't be completed by June 1.

Second: citizens of Singapore can travel to the U.S. under the Visa Waiver Program without a visa. The only requirement is that the alien submit information online at the ESTA website and get approved to travel. BUT, your grandma probably doesn't qualify because (1) she has the intent to immigrate to the U.S., which the border officials will certainly know based on the consular officer's interview of her and based on the immigrant petition your aunt will file for her, and (2) she has been denied for a visa, which may disqualify her. Here is information on the VWP which says the denial of a visa disqualifies you: http://travel.state.gov/pdf/VWP-QuickReferenceGuide.pdf . Does the letter say the B2 visa was rejected under Section 212?

Everything the consular officials told you is correct: your grandma was not eligible for a B2 visa because she had immigrant intent. Your grandma may have qualified for the VWP before the B2 visa application, but doesn't now (you didn't say why she applied for the B2 visa then, but now thinks she can go under the VWP). If your grandma wants to immigrate, your Aunt needs to file a petition for an alien relative so your grandma can apply for an immigrant visa, which takes several months.

Edited April 13, 2012 by grrrrreat