immigration debate - family rejected for tourist visa

[Harsh_77 718]

"Abusing" a B2 is most often NOT about adjusting in the US. We see that on this site and people get all mad, but the real issue, the thing consulates are trying to stop, is people who just plain overstay and never leave. This site is about family immigration, so people are blinded by this aspect, but it's not it.

Lot of ppl who abuse B1/2 do have some base as family and friend already in US who can lend a hand.

There are others as well who do not have friends and family and choose to overstay but most of those are coming from south America looking for jobs.

[Harpa Timsah 13,258]

Lot of ppl who abuse B1/2 do have some base as family and friend already in US who can lend a hand.

There are others as well who do not have friends and family and choose to overstay but most of those are coming from south America looking for jobs.

That's some prejudice.

[Harsh_77 718]

Subjective decisions and discretion on the part of the embassy is different than an excessive standard of "presumption of immigrant intent" - ie. presumption of guilt - presumption of having different intentions that the intentions you are declaring according to the type of visa you are seeking.

Without presumption, how do CO make a call who is going to overstay the visa and who is not.

There is no black and white as to which applicant is going to violate the visa terms and CO does need that much discretion.

[Rwlaird 18]

Without presumption, how do CO make a call who is going to overstay the visa and who is not.

There is no black and white as to which applicant is going to violate the visa terms and CO does need that much discretion.

Are presumptions always prerequisites to make decisions? Can you make a decision without any positive or negative presumptions, assumptions, or prejudices? Is it possible to examine a situation (such as a visa application) with an open mind and examine the information and evidence presented, maybe actually do a little research and due diligence, and make a decision? Could removing presumptions actually increase discretion?

[Harsh_77 718]

Are presumptions always prerequisites to make decisions? Can you make a decision without any positive or negative presumptions, assumptions, or prejudices? Is it possible to examine a situation (such as a visa application) with an open mind and examine the information and evidence presented, maybe actually do a little research and due diligence, and make a decision? Could removing presumptions actually increase discretion?

Can you tell me how CO would make a call if an applicant is going to violate the visa terms or not?

[Rwlaird 18]

There are no penalties, so how can they be stronger?

A proposal from Republican Orrin Hatch of Utah, adopted 13-5, would require setting up a biometric screening system at the nation’s 30 busiest airports to track the departure of foreigners on international flights. Such systems can include fingerprinting or facial-recognition scans.

Can you tell me how CO would make a call if an applicant is going to violate the visa terms or not?

Review the application along with the evidence presented and conduct an interview with the applicant.

[Harpa Timsah 13,258]

A proposal from Republican Orrin Hatch of Utah, adopted 13-5, would require setting up a biometric screening system at the nation’s 30 busiest airports to track the departure of foreigners on international flights. Such systems can include fingerprinting or facial-recognition scans.

How is that a penalty???

The US already tracks departures for everyone.

[Rwlaird 18]

How is that a penalty???

The US already tracks departures for everyone.

What penalties and/or improvements in tracking do you propose?

[Harsh_77 718]

Review the application along with the evidence presented and conduct an interview with the applicant.

Which they already do in the present system? FYI - COs do look at the documents and they do a their homework about the applicant before they come to window. Most applicant assume CO did not look at the application before they come to window, which is not true.

Do you expect a CO to sit down with each applicant and perform a 20-25 min interview?

[Harsh_77 718]

A proposal from Republican Orrin Hatch of Utah, adopted 13-5, would require setting up a biometric screening system at the nation’s 30 busiest airports to track the departure of foreigners on international flights. Such systems can include fingerprinting or facial-recognition scans.

What penalties and/or improvements in tracking do you propose?

There is no penalties... this is just an attempt to make it more fool proof in regards to how many ppl entered and how many left.

[Rwlaird 18]

Which they already do in the present system? FYI - COs do look at the documents and they do a their homework about the applicant before they come to window. Most applicant assume CO did not look at the application before they come to window, which is not true.

Do you expect a CO to sit down with each applicant and perform a 20-25 min interview?

Do they really need the "presumption of immigrant intent" to make an accurate decision? The CO told my in-laws "I don't need to see that" when they attempted to present documents to them. The embassy actually said in writing that: "Very rarely, officers request and review supporting documents to clarify points raised during the interview. In the vast majority of interviews, consular officers do not accept or review supporting documents. . . . Consular officers working here know that fraudulent documents are common and do not rely on documents to make visa qualification decisions. As noted above, it is rare for an officer to accept or review supporting documents."

A 2.5 minute interview with relevant questions should be better than the irrelevant 2 minute interview that was conducted in our case.

[Boiler 46,123]

The issue is not with those who leave, it is is those who do not.

They take your finger print when you enter anyway.

[Boiler 46,123]

Do they really need the "presumption of immigrant intent" to make an accurate decision? The CO told my in-laws "I don't need to see that" when they attempted to present documents to them. The embassy actually said in writing that: "Very rarely, officers request and review supporting documents to clarify points raised during the interview. In the vast majority of interviews, consular officers do not accept or review supporting documents. . . . Consular officers working here know that fraudulent documents are common and do not rely on documents to make visa qualification decisions. As noted above, it is rare for an officer to accept or review supporting documents."

A 2.5 minute interview with relevant questions should be better than the irrelevant 2 minute interview that was conducted in our case.

You really really do not get it, the information that is relevant is asked for as part of the application.

[Harsh_77 718]

Do they really need the "presumption of immigrant intent" to make an accurate decision? The CO told my in-laws "I don't need to see that" when they attempted to present documents to them. The embassy actually said in writing that: "Very rarely, officers request and review supporting documents to clarify points raised during the interview. In the vast majority of interviews, consular officers do not accept or review supporting documents. . . . Consular officers working here know that fraudulent documents are common and do not rely on documents to make visa qualification decisions. As noted above, it is rare for an officer to accept or review supporting documents."

A 2.5 minute interview with relevant questions should be better than the irrelevant 2 minute interview that was conducted in our case.

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.

[Rwlaird 18]

You really really do not get it, the information that is relevant is asked for as part of the application.

I do get it. The application is one aspect of the process. "Proper adjudication requires the consular officer to assess the credibility of the applicant and his/her evidence submitted to support the application."