How to appeal and success rate

[Noah Lot 391]

Yes, these annotations apply to the bearer of the visa, regardless of age.

Annotations are NOT LEGALLY BINDING....period. They are informational in nature to CBP, not absolute orders that 'shall be obeyed'....does not work that way. If your idea was true, then the I 94 itself, which contains the admission period, should also 'force' the visa holder to depart the US, etc....but oddly, the I 94 has no legal effect over the visa holder. :bonk:

[JohnR! 5,495]

1338409528[/url]' post='5408953']

Annotations are NOT LEGALLY BINDING....period. They are informational in nature to CBP, not absolute orders that 'shall be obeyed'....does not work that way. If your idea was true, then the I 94 itself, which contains the admission period, should also 'force' the visa holder to depart the US, etc....but oddly, the I 94 has no legal effect over the visa holder. :bonk:

My bad. We are talking about different things.

[Derry Lea 2]

I got a call from the senator's office yesterday. We talked for about 15min with the office representative and she gave me the ridiculous explanation the Senator can't write a letter of recommendation since he doesn't know me or my sister. Meaning he would write one for herself or someone in his office but not for the behalf of my husband who trusted and voted for him (I wish I told her that at the time)

Anyway, my sister is not going to travel with my dad, that's not the idea. We can't really afford both of their tickets. I haven't given up yet and I am sending a letter to the General Consul.

I wish I had more positive answers here,but I know what the reality is too.We'll see what happens. Thank you all.

[Noah Lot 391]

I got a call from the senator's office yesterday. We talked for about 15min with the office representative and she gave me the ridiculous explanation the Senator can't write a letter of recommendation since he doesn't know me or my sister. Meaning he would write one for herself or someone in his office but not for the behalf of my husband who trusted and voted for him (I wish I told her that at the time)

Anyway, my sister is not going to travel with my dad, that's not the idea. We can't really afford both of their tickets. I haven't given up yet and I am sending a letter to the General Consul.

I wish I had more positive answers here,but I know what the reality is too.We'll see what happens. Thank you all.

Of course the senator cannot write such a letter .... for the very reasons they gave! How can they, with a straight face, write something about your sister and her alleged intentions when they (a) don't know her personally and (b) have no legal influence over the visa adjudication process??? Knowing you (if he or she did) does not translate into some kind of 'magic qualifications' that will be bestowed upon your sister.

writing the consul general might make you feel better, but it will not result in the denial being overturned (there are NO appeals by law) nor will such a letter have any positive effect over a future application. Reason? As I said before, the responsibility to convince a VO of one's bona fides and/or intentions falls exclusively on the applicant...no other person can 'vouch' for said applicant, 'guarantee' their compliance with US law (since you do not have any legal authority over your sister) nor does the opinion of an interested third party mean anything during an interview...the only opinion that matters is that of the VO interviewing the applicant. Now, you may doubt this or disagree with it, but....those are the facts and the law....feel free to peruse the Immigration & Nationality Act to find an exception....(you won't).

A lot of people believe (erroneously) that they should have some sort of power over a VO, merely by voicing their disagreement with the VO's decision...but no one does. Or that if they plead their case (often by making wild accusations against the VO) to their representative, that somehow said representative will make a phone call or write a letter and all will be well....except they forget that Congress has ZERO authority over the visa adjudication process, because of the separation of powers that isolates each branch of our government from the other (Congress is the legislative branch; the State Dept is in the executive branch)....in order to maintain the complete transparency of the visa process, no outside influence is permitted, under any circumstances.

And of course many people conveniently forget that thanks to the thousands of young single women who misled a VO about her intentions and wound up staying in the US only cause the VOs in a particular country to be less willing to give the benefit of a doubt to anyone in the same demographic (young single women from Eastern Europe are not the only transgressors but they make up a considerable percentage of visa overstayers, usually for the very reasons YOU gave....no bright future in their own country, living at or near the bottom of the economic ladder, and knowing that their prospects could be markedly improved by marrying an American citizen)....now I know you are about to say that 'well, my sister would not do that!!!'...and maybe she won't, but no VO is going to roll the dice to find out, given her current circumstances. As I said before, what possible justification could a VO give his/her consul general if asked why a visa was issued to somebody whose ties to Bulgaria are virtually non existent? and waving a letter from you around in front of said consul general will more than likely result in a loss of confidence in that VO, whose position would then be at risk....no one is going to do that.

Edited June 1, 2012 by Noah Lot

[Boiler 45,520]

I got a call from the senator's office yesterday. We talked for about 15min with the office representative and she gave me the ridiculous explanation the Senator can't write a letter of recommendation since he doesn't know me or my sister. Meaning he would write one for herself or someone in his office but not for the behalf of my husband who trusted and voted for him (I wish I told her that at the time)

Anyway, my sister is not going to travel with my dad, that's not the idea. We can't really afford both of their tickets. I haven't given up yet and I am sending a letter to the General Consul.

I wish I had more positive answers here,but I know what the reality is too.We'll see what happens. Thank you all.

What ws the basis of the letter of recommendation?

How does he know her?

[aaydrian 479]

Meaning he would write one for herself or someone in his office but not for the behalf of my husband who trusted and voted for him

That bit made my early morning anyway good luck on the outcome of your sister's next interview.

Edited June 1, 2012 by aaydrian

[tehans 52]

I had both senators contact the embassy as well as write letters for me and it made no difference in our second attempt - denied

[Noah Lot 391]

I had both senators contact the embassy as well as write letters for me and it made no difference in our second attempt - denied

As I said, our legislators make the law; they do not enforce it. In order to keep the visa process as transparent as possible, no 'meddling' is allowed by third parties, no matter who they are.

[Derry Lea 2]

Of course the senator cannot write such a letter .... for the very reasons they gave! How can they, with a straight face, write something about your sister and her alleged intentions when they (a) don't know her personally and (b) have no legal influence over the visa adjudication process??? Knowing you (if he or she did) does not translate into some kind of 'magic qualifications' that will be bestowed upon your sister.

writing the consul general might make you feel better, but it will not result in the denial being overturned (there are NO appeals by law) nor will such a letter have any positive effect over a future application. Reason? As I said before, the responsibility to convince a VO of one's bona fides and/or intentions falls exclusively on the applicant...no other person can 'vouch' for said applicant, 'guarantee' their compliance with US law (since you do not have any legal authority over your sister) nor does the opinion of an interested third party mean anything during an interview...the only opinion that matters is that of the VO interviewing the applicant. Now, you may doubt this or disagree with it, but....those are the facts and the law....feel free to peruse the Immigration & Nationality Act to find an exception....(you won't).

A lot of people believe (erroneously) that they should have some sort of power over a VO, merely by voicing their disagreement with the VO's decision...but no one does. Or that if they plead their case (often by making wild accusations against the VO) to their representative, that somehow said representative will make a phone call or write a letter and all will be well....except they forget that Congress has ZERO authority over the visa adjudication process, because of the separation of powers that isolates each branch of our government from the other (Congress is the legislative branch; the State Dept is in the executive branch)....in order to maintain the complete transparency of the visa process, no outside influence is permitted, under any circumstances.

And of course many people conveniently forget that thanks to the thousands of young single women who misled a VO about her intentions and wound up staying in the US only cause the VOs in a particular country to be less willing to give the benefit of a doubt to anyone in the same demographic (young single women from Eastern Europe are not the only transgressors but they make up a considerable percentage of visa overstayers, usually for the very reasons YOU gave....no bright future in their own country, living at or near the bottom of the economic ladder, and knowing that their prospects could be markedly improved by marrying an American citizen)....now I know you are about to say that 'well, my sister would not do that!!!'...and maybe she won't, but no VO is going to roll the dice to find out, given her current circumstances. As I said before, what possible justification could a VO give his/her consul general if asked why a visa was issued to somebody whose ties to Bulgaria are virtually non existent? and waving a letter from you around in front of said consul general will more than likely result in a loss of confidence in that VO, whose position would then be at risk....no one is going to do that.

You sound so well aware of everything, you make me smile The only reason I decided to fight is because I personally (not heard a story about someone,sometime,somewhere) have a friend in Bulgaria whose US citizen friend who invited her, wrote to the Consul General back in 2007 and made a difference. She was divorced at the time with a job and an apartment. The person inviting her- a single American male. They refused to give her a visa. The US citizen writes a letter to AppEaL and two weeks later she gets a call from the Embassy. They invited her over for an interview, no fee required. The General Consul without even asking any questions handed her a single entry 6month tourist visa.

Now I'm not saying I'm expecting the same thing to happen to my sister. Unfortunately the Consul has changed since then and who knows if the new one ever even reads his mail, but it doesn't hurt to try. Have a little faith and don't say it's impossible Who knows maybe you're right, but at least I know I didn't just give up. Because I understand all circumstances and requirements, but I don't care about the statistics. It's personal. Someone out there should take it a little more personal too.

P.S. "What possible justification could a VO give his/her consul general if asked why a visa was issued to somebody whose ties to Bulgaria are virtually non existent?" I don't know how many times you have applied for a tourist visa, but let me assure you of one thing. Justification is virtually not existent when it comes to this. Chances are 50/50. My sister said there were two guys doing the interviews. One was giving visas like candy barely asking any questions, the other gave out one after interviewing the guy for 30min and rejecting 6 more before him. So as crazy or unbelievable as it sounds,it is ...luck.

[Derry Lea 2]

That bit made my early morning anyway good luck on the outcome of your sister's next interview.

What's so funny? She really said that!

[Noah Lot 391]

You sound so well aware of everything, you make me smile The only reason I decided to fight is because I personally (not heard a story about someone,sometime,somewhere) have a friend in Bulgaria whose US citizen friend who invited her, wrote to the Consul General back in 2007 and made a difference. She was divorced at the time with a job and an apartment. The person inviting her- a single American male. They refused to give her a visa. The US citizen writes a letter to AppEaL and two weeks later she gets a call from the Embassy. They invited her over for an interview, no fee required. The General Consul without even asking any questions handed her a single entry 6month tourist visa.

Now I'm not saying I'm expecting the same thing to happen to my sister. Unfortunately the Consul has changed since then and who knows if the new one ever even reads his mail, but it doesn't hurt to try. Have a little faith and don't say it's impossible Who knows maybe you're right, but at least I know I didn't just give up. Because I understand all circumstances and requirements, but I don't care about the statistics. It's personal. Someone out there should take it a little more personal too.

P.S. "What possible justification could a VO give his/her consul general if asked why a visa was issued to somebody whose ties to Bulgaria are virtually non existent?" I don't know how many times you have applied for a tourist visa, but let me assure you of one thing. Justification is virtually not existent when it comes to this. Chances are 50/50. My sister said there were two guys doing the interviews. One was giving visas like candy barely asking any questions, the other gave out one after interviewing the guy for 30min and rejecting 6 more before him. So as crazy or unbelievable as it sounds,it is ...luck.

I happen to know the consul general in Bulgaria...we worked together many years ago. 50/50? I don't think so. Justification is important because the CG reviews the decisions daily of his/her subordinates. Issuing a visa to your sister would have raised all sorts of flags. The VO allegedly doling out visas like candy, if true, will have his wings clipped in a hurry. It is possible that one VO was largely doing renewals, and those tend to go fast. But at the end of the day, your input will have zero positive impact ...because of the transparency issues I mentioned earlier...and knowing the current CG as I do, well, your letter will likely join the dozens of others received each week and collect dust, which is as it should be. The VOs do not need and should never depend on the opinions of interested third parties...it is extremely unwise and technically disallowed by law. VOs...and only VOs have the authority to approve or deny visas...and they are supposed to make those decisions without 'assistance' from others who are only interested in one case.

As far as a VO responding to a 'personal' request, that is NOT a requirement...once emotions get involved, the accuracy of the visa adjudication process breaks down...sympathy is found in the dictionary, not at the visa window.

[Derry Lea 2]

I happen to know the consul general in Bulgaria...we worked together many years ago. 50/50? I don't think so. Justification is important because the CG reviews the decisions daily of his/her subordinates. Issuing a visa to your sister would have raised all sorts of flags. The VO allegedly doling out visas like candy, if true, will have his wings clipped in a hurry. It is possible that one VO was largely doing renewals, and those tend to go fast. But at the end of the day, your input will have zero positive impact ...because of the transparency issues I mentioned earlier...and knowing the current CG as I do, well, your letter will likely join the dozens of others received each week and collect dust, which is as it should be. The VOs do not need and should never depend on the opinions of interested third parties...it is extremely unwise and technically disallowed by law. VOs...and only VOs have the authority to approve or deny visas...and they are supposed to make those decisions without 'assistance' from others who are only interested in one case.

As far as a VO responding to a 'personal' request, that is NOT a requirement...once emotions get involved, the accuracy of the visa adjudication process breaks down...sympathy is found in the dictionary, not at the visa window.

It's great that you know the CG in Bulgaria. I don't know which one you know, the old one, the new one or the brand new one. But like I said I know that a letter back in 2007 made a difference. I believe that if you are an honest person and have good intentions, someone should take you out of the statistics and read your letter from the pile. Everything you say about the emotions and the sympathy is very true and yet I am in my right to seek some appreciation and trust for doing things the right way. Because if you were in my position and had a sister and emotions ( I am not being rude btw, just making a point) you'd know what I'm talking about. We had a discussion with some friends the other night how there should be two types of tourist visas where the invitation/petition/guarantee on the american side would count for something. My sister's circumstances will not change in the near future. She'll always be a young girl from Eastern Europe who has already been denied a visa once. So does that mean I will never be able to have her visit us? Is that the life my new home country is offering to me? I really hope someone does prove you wrong...and if not well you were right about everything you said all along.

[Noah Lot 391]

The main thing that people often forget is this: the reasons for going to the US by and large do NOT matter....what matters when it comes to tourist visas is what are the reasons for LEAVING the US. Personal this or personal that are not relevant. No one can threaten a VO or CG to change his/her mind with any sort of legal action because the VOs are the judge and jury...their decisions are not reviewable nor appealable, which is as it should be. Just because somebody, whether relative or friend, wants their relative or friend to 'see the sights' does not bestow any qualifications upon that person nor does it relieve the applicant of their responsibility to establish to the satisfaction of the VO (and no one else) of their bona fides and/or intentions. If the visa process could be influenced by others, it would lose its integrity.

[Noah Lot 391]

It's great that you know the CG in Bulgaria. I don't know which one you know, the old one, the new one or the brand new one. But like I said I know that a letter back in 2007 made a difference. I believe that if you are an honest person and have good intentions, someone should take you out of the statistics and read your letter from the pile. Everything you say about the emotions and the sympathy is very true and yet I am in my right to seek some appreciation and trust for doing things the right way. Because if you were in my position and had a sister and emotions ( I am not being rude btw, just making a point) you'd know what I'm talking about. We had a discussion with some friends the other night how there should be two types of tourist visas where the invitation/petition/guarantee on the american side would count for something. My sister's circumstances will not change in the near future. She'll always be a young girl from Eastern Europe who has already been denied a visa once. So does that mean I will never be able to have her visit us? Is that the life my new home country is offering to me? I really hope someone does prove you wrong...and if not well you were right about everything you said all along.

Anyone can write anything in a letter, but that does not make what was written the gospel truth, nor can mere words provide any legal assurance of compliance of our laws by someone else (or even, for that matter, the applicant). A guarantee is impossible...why? Where is it written in our Constitution that any citizen of the US of A can magically assert legal influence over another? What would be the likely outcome should such a guarantee be enforced, by, say, jailing the American or taking away their house or money or something? The lawyers would have a field day.....it would instantly undermine the very fabric of our Constitution. None of us can tell another person when to hop on a plane and leave town. What if your sister refused to return? Are you really going to call ICE and have her deported? That would make for an interesting family discussion, especially around the holidays.

Congress wrote the INA back in 1952, including the current laws governing tourist visa issuance. Those laws have not changed since, and it is far from likely they ever will. There is only one type of tourist visa, that relies on the holder to abide by our rules and laws, and is only given to those whom a VO believes will abide by the terms of a tourist visa. No majority vote needs to be taken by family members or friends to add to the vote of the VO to determine who gets a visa.

Now, if there were stronger controls or laws that prevented adjustment of status from a B2 visa under ANY circumstances or if real meaningful penalties to were given to those who refuse to abide by the terms of a tourist visa, then perhaps more people might get them. But that day is also way in the future, if at all. For example, someone arrives her and falls in love at baggage claim, that person should be required to return to their country to apply for the immigrant visa...forget changing or adjusting status. Overstay by even as much as one day? Enjoy many years of inadmissability without a waiver. Work without permission...same...since thousands of people refuse to act as a responsible adult when arriving as a tourist, then force it upon them.

But since that is not the case, any other means such as having some random American become 'in charge' of another won't work.

[Boiler 45,520]

What was the basis of the letter of recommendation?

How does he know her?

Still wondering