immigration debate - family rejected for tourist visa

[Rwlaird 18]

If the applicant can prove that they have a reason to return back to their home country they over come the presumption of immigrant intent.

For tourist visa, the CO will never ask an applicant to return back with more evidence - that is not practical and that is what they said you in writing.

Yes there are fradulent docs and they know what to look for or what to ask, they are trained for it.

Not sure how embassy in Ukraine works but consulate in India does ask for all the supporting documents to be submitted with the DS-160, applicant is more than welcome to take any additional documents with them during interview but most likely they are never going to ask for it.

if the the questions asked were relevant or irrelevant... I dont think we can judge that.

The applicants did present reasons to compel them to return to their home country such that the presumption should have been overcome. Yet they were still rejected.

YOU can't judge whether the questions were relevant since YOU don't know the applicants' situation nor know the questions that were asked.

[Harsh_77 718]

The applicants did present reasons to compel them to return to their home country such that the presumption should have been overcome. Yet they were still rejected.

YOU can't judge whether the questions were relevant since YOU don't know the applicants' situation nor know the questions that were asked.

The reasons were not strong enough, as per you the applicant had strong reason not as per CO.

Thats exactly I said I cannot judge if the questions were relevant or not.

[Rwlaird 18]

The reasons were not strong enough, as per you the applicant had strong reason not as per CO.

Thats exactly I said I cannot judge if the questions were relevant or not.

. . . or the presumption was too strong.

[aaron2020 11,651]

. . . or the presumption was too strong.

If the presumption is so strong, how come the US hosts more foreign visitors than any other country? Doesn't seem that strong if that many visitors can overcome the presumption.

Also, a fraction of those that do get in are still overstaying.

Maybe we should make the presumption stronger to screen out the overstays.

[Harsh_77 718]

. . . or the presumption was too strong.

Your family did not get the visa does not mean the presumption was too strong.

[Rwlaird 18]

If the presumption is so strong, how come the US hosts more foreign visitors than any other country? Doesn't seem that strong if that many visitors can overcome the presumption.

Also, a fraction of those that do get in are still overstaying.

Maybe we should make the presumption stronger to screen out the overstays.

Or the tracking and penalties strong enough to deter the overstays. Just because we’re letting a significant number past the gate doesn’t mean that we’re getting it right.

If the agency continues to make decisions based on factors which do not necessarily have a direct bearing on whether the visa applicant will abide by its terms then there will probably always be a lot of good people needlessly rejected.

Maybe such an excessively cautious approach is the best way to keep out the dishonest applicants but it seems like a very flawed approach if there will always be so much collateral damage of good people rejected.

There is inconsistent application at best. Someone else posted that their mother-in-law was approved with very little in the form of strong ties to home. Back in January a decision was made to accept Saudi Arabia, a country known for sending us terrorists, into the Global Entry trusted traveler program.

[aaron2020 11,651]

11 illegal immigrants in the US.

45% of the 11 illegal immigrants entered the US legally and then overstayed their visas.

That's 5 million of the 11 million.

This data was reported by NPR - a liberal organization. This data is not coming from the anti-all immigrant far right. http://www.npr.org/templates/story/story.php?storyId=5485917

If we relax the presumption, how many more visa overstays will you tolerate?

Yes, let's relax the standard so that the majority of illegal immigrants in this country will be visa overstays.

Edited June 25, 2013 by aaron2020

[Harsh_77 718]

Back in January a decision was made to accept Saudi Arabia, a country known for sending us terrorists, into the Global Entry trusted traveler program.

One mistake cannot be corrected by another mistake.

This is not yet active and adding Saudi Arabia was not a wise choice but its present admin which is making this call.

[aaron2020 11,651]

The number I visa overstays in the US is more than 5 million.

A lot of them are now legally thanks to marrying US citizens whom they were able to get green card through and are no longer in the visa overstay pool.

[Rwlaird 18]

11 illegal immigrants in the US.

45% of the 11 illegal immigrants entered the US legally and then overstayed their visas.

That's 5 million of the 11 million.

This data was reported by NPR - a liberal organization. This data is not coming from the anti-all immigrant far right. http://www.npr.org/templates/story/story.php?storyId=5485917

If we relax the presumption, how many more visa overstays will you tolerate?

Yes, let's relax the standard so that the majority of illegal immigrants in this country will be visa overstays.

The current process is obviously not working, as you rightly point out, if so many people with dishonest intentions are approved. The standard does not need to be relaxed. It needs to be improved. I do not tolerate any visa overstays. I support strong enforcement.

Edited June 25, 2013 by Rwlaird

[CC90 90]

There is inconsistent application at best. Someone else posted that their mother-in-law was approved with very little in the form of strong ties to home. Back in January a decision was made to accept Saudi Arabia, a country known for sending us terrorists, into the Global Entry trusted traveler program.

And the Ukraine is responsible for sending us a disproportionate amount of illegal immigrants. Hence, it has become more difficult for the rest of them.

You have no empirical evidence that "too many good people are being rejected." You only have your in-laws and the questionable antidotes on this forum.

[Rwlaird 18]

And the Ukraine is responsible for sending us a disproportionate amount of illegal immigrants. Hence, it has become more difficult for the rest of them.

You have no empirical evidence that "too many good people are being rejected." You only have your in-laws and the questionable antidotes on this forum.

I'm not sure how you would go about gathering such empirical evidence. I have a friend from Ukraine whose sister was rejected although her tie to home would be her husband and baby staying back home.

[Boiler 46,124]

The applicants did present reasons to compel them to return to their home country such that the presumption should have been overcome. Yet they were still rejected.

YOU can't judge whether the questions were relevant since YOU don't know the applicants' situation nor know the questions that were asked.

Nor do you.

Well you know the questions that were asked for a B2 visa, they are on the application, these are the relevant questions.

Anything else is in the vast majority of cases chit chat.

[Rwlaird 18]

Nor do you.

Well you know the questions that were asked for a B2 visa, they are on the application, these are the relevant questions.

Anything else is in the vast majority of cases chit chat.

If the questions are one-size-fits-all then they do not apply and are not relevant to the individual situation.

[Rwlaird 18]

It is certainly is interesting that the State Department’s own Inspector General in a report to Congress titled “Nonimmigrant Visa Adjudication: Standards for Refusing Applicants” and dated March 2005; Report Number ISP-CA-05-58 called our exact situation absurd! “When local circum­stances and individual factors are not considered, the resulting decisions will necessarily lead to absurd results in some cases, like denying visas to grandparents of limited means who merely wish to see newborn grandchildren.” This is what the embassy in Kiev claimed that they were forced to do because of the language of presumption of immigrant intent. Page 16 - bottom of second paragraph. ABSURD!

http://oig.state.gov/documents/organization/126337.pdf

Edited June 26, 2013 by Rwlaird