VWP and US visa denied advice

[catknit 144]

They are not trained to be inhuman - they are trained to uphold the US immigration rules and regs. Sometimes, the result is inhuman. No one here would deny that. Yes, there are some super sucky situations likes yours and your friends.

Is there any possibility your father can travel at all [i know this is a total ####### shoot - some people in stage 4 go down hill fast, others depending on diagnosis are in a holding pattern and are treated in a "chronic disease" model for a while, hopefully your dad is in the second group]? Could he travel to you? Could he travel to a third country [Mexico or Canada] where you can meet?

Many of us can empathize with your hurt and pain over the situation but dwelling on the visa and how wronged you feel won't solve the main issue, seeing your dad. Focus your energy there...

[Xanax 349]

I sympathize with your situation, I really do, but you didn't answer any of my questions so I can't provide any advice.

I am going to assume you have no AU ties. With no ties you won't get a visa regardless of your situation. You shot yourself in the foot when you applied for your first B2 instead of just using the VWP.

If you cannot improve your AU ties I suggest you look at what options are available to you and your father; can he travel is he at the point where he cannot? Does he have any AU status and could he come and be with you for treatment and care?

[Moomin 292]

According to the last 3 responses, i take it as you all agree that the CO or the US Immigration system is trained to be inhuman to people like my friend?

And also US immigration system does not allow a person to see her sister or his father one last time before she or he die under whatsoever special humanity or circumstances?

Or in other words, Do I not even have a human right to see my father for 1 last time in a country which is respected by many countries and people in the world?

You're not answering questions - it's not because we don't have hearts. We do, and we care, otherwise you wouldn't have any replies. But facts will get you further.

For all we know, you could qualify as an immidiate relative of your dad, get petition expedited and get a greencard. If that's the case, no wonder your visa interviews end up as denied. But since you don't answer the questions, we can't guide you one single bit other than "come back with stronger ties to your home country".

Yes, US immigration system allows people to visit. The point is they refused to let you visit because you couldn't demonstrate strong ties to when or why you'd be departuring. On the other hand you gave them a reason for staying. Who'd leave when their lawful stay was up if the relative was on their deathbed. Visiting any US residents or citizens is the trigger - having an ill father just add onto it, especially without any specific reason for returning to home country. That's mostly what they care about. You were supposed to demonstrate that at the time of your interview. And when you tried visiting the US if asked.

TPS or asylum cases yes - very humane. However, the US has no responsibility towards non-US citizens or non-residents. Getting a tourist/work visa is a priviledge. Getting any visa is a priviledge. However it's up to you to prove why the embassy or US government should trust that you'll return to home country. A job contract, owning a house, commitments in general that you can't abandon for longer periods.

[Boiler 45,993]

There is obviously something that the OP does not wish to share and which is relevant to the situation.

[jaycali 415]

I really sympathize with you in your current situation, and I am sorry that you are going through this.

However,

Whether US immigration laws are fair or unfair really is irrelevant to your question. Even if the laws are unfair, it doesn't change the fact that the consular staff at the US embassy is required by law to follow those US immigration law when issuing visas. Pushing the law aside and granting a visa based on emotions or sympathy alone, is not only grounds for a CO's termination from his job, but also a felony.

As far as visitor visas go, the reason for visiting is not important. They don't care whether you're visiting the US to go bird watching in Florida, surfing in Hawaii or visit your sick aunt in New Jersey. Or in your case visit your father who is battling cancer. It does not matter to immigration law. You may think of the consular officer as cold hearted, but the cold, hard truth is that unless the consular officer interviewing you believes that you'll return to Australia, no visa can be issued. In fact, he/she is prohibited by law to issue any non-immigrant visa to a person he/she has reason to believe won't return.

In your case, the consular officer sees this: A young person with two parents in the US, and no strong ties to his/her home country.

Instead of complaining about how unfair the laws might be, see this through the eyes of a consular officer. His/her job is to issue visas to legitimate visitors. His/her job hinges on his/her ability to make a subjective opinion about whether or not the person being interviewed is likely to remain in the US illegally, or return. He/she is required by law to assume that every applicant is an intending immigrant. It is the applicant's burden of proof to show that he/she is a legitimate visitor.

Do you have a job in Australia? Do you own a home? Have a rental agreement? Own a car? Have a dog? Are you married? Your only option at this point is to re-apply for a B-2 visa. The VWP cannot be used once a visa has previously been denied. When you go to your visa interview, bring any and all documents you can think of that shows some tie to Australia.

Best of luck to you.

Edited January 31, 2013 by Jay Jay

[Boiler 45,993]

If ESTA is OK VWP can be used.

[aaron2020 11,651]

Sorry about your dad.

You whine and complain about the US being "inhuman" and yet you ignore all the questions about your ties to AU.

Stop being a child. Pouting about is not going to change your situation.

You have been given good advice on showing string ties to AU which you don't seem to care about.

You are not special. Do what I required for everybody who wants a visitor visa - show strong ties to home.

Stop whining and do wha is required.

Edited January 31, 2013 by aaron2020