H2B Refused under Section 214(b) x 3

[kt510 0]

I will try and keep this as brief as possible and be as blunt as possible as I don't want to go too much into detail. I will bullet point.

2010: Worked in USA on h2b visa.

2011: Working in USA on h2b visa.

Feb 2012: Return to US on VWP.

Apr 2012: Applied for extension as partner's mother suffering from cancer.

Jun 2012: Refused extension. Partner's mother given prognosis of a few weeks.

Jun 2012: Partner's mother passes away, I overstay to care for partner and her two young children.

July 2012: Recent events bring us very close. We get engaged late July and seek legal immigration advice.

Oct 2012: Fiancee diagnosed with breast cancer.

Nov 2012: Fiancee passes away.

Dec 2012: Left the country of my own free will and return to the UK.

After she passed, I remained in the country for 19 more days to arrange the funeral/cremation and all other post-death arrangements. I left the country of my own free will in December. My only intention at this point in time was to try and resume my life the best I could and coaching soccer back in the US would be my therapy. I had no other real ties to America at this point, other than the work I wanted to resume before I met fiancee.

March 2013: Offered role for a US Company

April 2013: H2B visa turned down under Section 214(b) - Officer claims my ties to the US are too strong.

April 2013: H2B visa turned down under Section 214(b) - Officer claims he believes I am planning on permanently abandoning my UK residence.

May 2013: H2B visa turned down under Section 214(b) - Officer claims that my ties to the UK are too weak.

I have full time employment in the UK, I have coaching contracts in the UK, I have all my family here, I have bank accounts, credit cards etc...

After having three refusals for three separate reasons, yet all stated under Section 214(b), I firmly believe that I am being punished for overstaying, despite what I feel were extraordinary circumstances in caring for a loved one battling and losing to cancer. I am told that Section 214(b) cannot be appealed, challenged, or changed, and I feel that this is being used unfairly against me. I own the decision I made to overstay my holiday visa, but given the circumstances, I find it difficult to comprehend that it would be held against me.

Any advice would be greatly appreciated. I had a great job offer to work out in the US and I would like to take it before the job is no longer available for me. I fully plan on returning to the UK on completion of my contract in the US.

Thanks in advance.

Edited June 6, 2013 by kt510

[milimelo 4,486]

Sorry about your fiancee.

I'd cool off for a bit more than 6 months in the UK. You pretty much spent a whole year (Feb-Dec) in 2012 in the US. 214 (b) is a denial based on lack of ties to home country so that's something you need to work on. Another contract in the US does not help prove ties.

[kt510 0]

Thank you for your reply.

I will not be applying again this year for a visa, would just be a waste of everyones time and money. If I am fortunate enough to be offered a contract in 2014 do you think I would have more success seeing as though I have spent over a year living and working in my home country?

I know that H1B visas are exempt from Section 214(b). A separate company did offer me a H1B visa, however I turned that down as I did not want to accept a role to then be refused this visa type. If a H1B is offered again would I be automatically be rejected for this visa also?

I do appreciate your advice above. It just seems to be one great big grey area so I am just trying to get everything in line so I can get my life back on track and get some kind of stability and knowledge on everything going on.

[Harsh_77 718]

Thank you for your reply.

I will not be applying again this year for a visa, would just be a waste of everyones time and money. If I am fortunate enough to be offered a contract in 2014 do you think I would have more success seeing as though I have spent over a year living and working in my home country?

I know that H1B visas are exempt from Section 214(b). A separate company did offer me a H1B visa, however I turned that down as I did not want to accept a role to then be refused this visa type. If a H1B is offered again would I be automatically be rejected for this visa also?

I do appreciate your advice above. It just seems to be one great big grey area so I am just trying to get everything in line so I can get my life back on track and get some kind of stability and knowledge on everything going on.

Sorry for your Fiancee

H1B can be refused as well, there is no guranteed on any particular type of visa.

The soocer contract you mentioned, if they did not have any significant financial value attached to it they dont matter, when you applying to work for company in US how were you going fulfill your soccer contracts?

Multiple application to US just indicates you are looking for a chance to settle down in US and would like to continue with your life in US just as you mentioned in your last statement you are still trying to get some stability and from what you posted I think COs are thinking you are looking for that stability in US.

[Boiler 45,558]

You can not extend the VWP.

Sounds like you were very close to a 3 year ban? Can not see how that was avoided.

[kt510 0]

Harsh_77

The stability is not necessarily for in the US. Basically I just wanted to know exactly what my options are. With this Section 214(b) not being a ban and it clearly states you can apply as many times as you want (which I won't be doing) I almost felt stuck in limbo. I would rather have the COs flat out say no you cannot apply for x amount of years as opposed to just refusing the visa but saying I can reapply again. If that makes sense.

If I can't enter the US for another 2/3 years then fair enough, that would make everything easier as I would be be in a definite situation but it's just how frivolous this whole 214(b) is.

The company I was applying for this time are a very reputable company on the East Coast.

Boiler

I wasn't aware that you could not extend a VWP. I just went with what an immigration attorney had told me to do.

Thank you both for replying.

[Boiler 45,558]

90 days on the VWP, plus according to your dates more than 6 months before you left?

[kt510 0]

I filed for extension so the 180 day count is from the date of refusal. On each occasion of applying for a h2b in 2013 each interviewing officer said I have not overstayed over 180 so therefore am not subject to a ban

[Boiler 45,558]

Sounds likw you got lucky, as I said before you were not eligible to file I 539 in the first place.

[Harsh_77 718]

Harsh_77

The stability is not necessarily for in the US. Basically I just wanted to know exactly what my options are. With this Section 214(b) not being a ban and it clearly states you can apply as many times as you want (which I won't be doing) I almost felt stuck in limbo. I would rather have the COs flat out say no you cannot apply for x amount of years as opposed to just refusing the visa but saying I can reapply again. If that makes sense.

If I can't enter the US for another 2/3 years then fair enough, that would make everything easier as I would be be in a definite situation but it's just how frivolous this whole 214(b) is.

The company I was applying for this time are a very reputable company on the East Coast.

Boiler

I wasn't aware that you could not extend a VWP. I just went with what an immigration attorney had told me to do.

Thank you both for replying.

Well Embassy will not tell you how many times you apply or when you cannot apply but what they mean is at this point they do not think you have strong ties at home and chances of you living in US are higher as per them.

Visa is never a guranteed thing but what Embassy is saying if there is change in your situation they will gladly review your case as many times as you with to apply.

So if your situation changes, you have more ties to your home country you can apply again.

Visa are very unpredictable one cannot say anything about them, the very first time I ever applied I was rejected and few weeks later I applied with the exact same documentation not a single change was approved.

[Kathryn41 3,205]

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