Visa troubles

[Alvino 0]

My brother-in-law from Mexico had a 10 year tourist via issued in 1995 and had traveled several times in the U.S to visit his sisters ,but made a mistake on his next to last trip. Around the year 2000, he traveled to Odessa, Texas to help a sister move to Kingsland, Texas. At the end of this visit he forgot his I-94 at her house and made a bad decision to not stop at the border and straighten out the lost document. . In December that same year, just before Christmas he flew out of Mexico to Boston by way of Atlanta and was detained by CBP at the US point of entry in Atlanta. The I-94 problem surfaced immediately then an error by his sister in failing to send him travel money caused a second problem. Then 3rd there was a personality conflict with the interviewing officer. All said, his visa was revoked and he was turned around and sent home. End of that portion of the story.

Sergio traveled 18 hours twice by bus round trip to go to Juarez to the American Consulate to make application for another visa, this was 7 or 8 years after the visa was cancelled and then expired. He spent in the neighbor hood of $200 for each trip and on each visit he was summarily turned down and provided no further information other than the application was denied.

This is my first effort to get involved, but since his retirement, he would like to come visit us.

He just recently retired from the Social Security Hospital system in Delicias, Mexico after 33 years employment

All I want to know is, how grievous was the violation and what are the proper steps at this time to reapply for a tourist visa?

Al Fenter

[Harsh_77 718]

Earlier your departure date and time and location was gathered by the returned i-94 that is before 9/11.

If one forgot to surrender that i-94 could potentially mean it was never recorded they left the country, I think your brother in law is in same case as the case is from 1995.

2nd point about his sister not sending the money does not have anything to do about getting an entry or not getting an entry.

3rd point about having personality conflict with CBP officer would not be a good idea as it is within their power to refuse an entry.

Did your brother in law have the exit stamp or entry stamp from Mexican side when he left last time showing he had left US time given to him on i-94?

The only way to know if he would get a visa now or not would be applying for another visa, he needs to show strong ties to his home country, without the strong ties it would be difficult to get the visa.

Now the only thing you included was he is retired, which means that is one less tie to Mexico, which infact works against him in case of tourist visa.

[Alvino 0]

He said he had to obtain I-94 before entry to Odeassa on first trip. On second trip he said agents ask about his not turning previous I-94 from previous evtry.

Having to prove they suffucient cash to travel and stay here has been in place for several years

I don't know where you are from or how wide your past experience is with border personel attitudes, but as a former state policeman, if I treated the people I came in contact with like border agents treat people with visa's, I would have been killed for my bad attittude or fired for abusing my position.

As I previously stated, he HAS reapplied twice. The only he heard after they read his application was, denied, then a ding of the cash register and then "NEXT".

Earlier your departure date and time and location was gathered by the returned i-94 that is before 9/11.

If one forgot to surrender that i-94 could potentially mean it was never recorded they left the country, I think your brother in law is in same case as the case is from 1995.

2nd point about his sister not sending the money does not have anything to do about getting an entry or not getting an entry.

3rd point about having personality conflict with CBP officer would not be a good idea as it is within their power to refuse an entry.

Did your brother in law have the exit stamp or entry stamp from Mexican side when he left last time showing he had left US time given to him on i-94?

The only way to know if he would get a visa now or not would be applying for another visa, he needs to show strong ties to his home country, without the strong ties it would be difficult to get the visa.

Now the only thing you included was he is retired, which means that is one less tie to Mexico, which infact works against him in case of tourist visa.

[Harsh_77 718]

He said he had to obtain I-94 before entry to Odeassa on first trip. On second trip he said agents ask about his not turning previous I-94 from previous evtry.

Having to prove they suffucient cash to travel and stay here has been in place for several years

I don't know where you are from or how wide your past experience is with border personel attitudes, but as a former state policeman, if I treated the people I came in contact with like border agents treat people with visa's, I would have been killed for my bad attittude or fired for abusing my position.

As I previously stated, he HAS reapplied twice. The only he heard after they read his application was, denied, then a ding of the cash register and then "NEXT".

For person entering into US specially on B1/2 there is no appeals or review of the rejected case either at the Consulate or at the Border.

Most of the time even if they are questioned they can get away as they can say their gutt feeling and feeling the case they refused the entry and that's their job.

As as state policeman you deal with USC and Non USC, most border patrol agents and CO deal with non USC, you got to understand that when it comes to non USC they can complaint, how that much that would be entertained would be different story.

I am sure if you were working with someone as state policeman if the guy was nice to you, you might give him break but if some was nasty and rude to you, you will make sure you will book him for everything you can under the law.

Rather than having sufficient finance, its more like one needs to have sufficient reason why they would return back and not overstay their visa.

One can take a trip that is entirely paid by someone there is nothing wrong in it as long as he can prove to CO or CBP officer he would not overstay his visa he is in good shape.

Looks like your Brother in Law got in to scenario where he was assumed as overstay as he did not turn in his I-94 and I am guessing there was a ban of entry for him and ban can varry from 3 yrs to 10 yrs.

As I said earlier without trying you would not know if he would get the visa or not and not having retired is infact working against him.

Edited July 24, 2012 by Harsh_77