Wanted an opinion

[Cool Inferno 1]

Hi all!

I wanted your opinion on a situation that my sibiling presently might face during an interview: She had qualified for H1b visa back in 2010, but due to no actionable response from the petitioner in 2011, she was not able to provide the addtional requirements asked while her interview was conducted. The case stands closed now from the Embassy, and has been returned to the Uscis. No progress has been made on it after that. She had started off with her new job in Pakistan and its been a year and a half at her new job. She earns decently to manage her living singly. Now, she plans to apply for a B2 Visit Visa alone.

Why the need to visit? Its because my mother wants to visit the US to meet her elder sister as she went through an arthritis surgery recently. There is nobody to look after her over there. My mother would not be able to travel alone due to long flight issues. My mom finds it difficult to travel alone for which I had accompained her last year. But this time I'm stuck at work here - No holidays!

Should my sister apply? Or can she face a possible clash of interest situation because of her previous application.

Thanks for your time!

[Ning 619]

Hi all!

I wanted your opinion on a situation that my sibiling presently might face during an interview: She had qualified for H1b visa back in 2010, but due to no actionable response from the petitioner in 2011, she was not able to provide the addtional requirements asked while her interview was conducted. The case stands closed now from the Embassy, and has been returned to the Uscis. No progress has been made on it after that. She had started off with her new job in Pakistan and its been a year and a half at her new job. She earns decently to manage her living singly. Now, she plans to apply for a B2 Visit Visa alone.

Why the need to visit? Its because my mother wants to visit the US to meet her elder sister as she went through an arthritis surgery recently. There is nobody to look after her over there. My mother would not be able to travel alone due to long flight issues. My mom finds it difficult to travel alone for which I had accompained her last year. But this time I'm stuck at work here - No holidays!

Should my sister apply? Or can she face a possible clash of interest situation because of her previous application.

Thanks for your time!

She should apply but she will probably be denied. The application is the only way to know for sure.

She will have to prove she MUST return. That is where it gets difficult. Her previous application may make it more difficult because she showed interest in moving to the USA and working there.

[Cool Inferno 1]

Thanks Ning!

I agree: it would seem like she intends to cross visa barriers, but this is not the case presently. Does it mean now that she cannot apply for a B2 category independently, based on the fact that the case has been dormant for 3 years and no previous visa applications have been made before 2010. She thought the opportunity in 2010 was a one in a million time opportunity, and therefore decided to go for it. But unfortunately, things didnot work out. I know there is no limit to applying, but if the core issue still remains, how can she prove the VO's that she doesnot intend to abuse her B2 if issued? Would payslips, savings and bankstatements work?

Thanks for your time!

[Ning 619]

Thanks Ning!

I agree: it would seem like she intends to cross visa barriers, but this is not the case presently. Does it mean now that she cannot apply for a B2 category independently, based on the fact that the case has been dormant for 3 years and no previous visa applications have been made before 2010. She thought the opportunity in 2010 was a one in a million time opportunity, and therefore decided to go for it. But unfortunately, things didnot work out. I know there is no limit to applying, but if the core issue still remains, how can she prove the VO's that she doesnot intend to abuse her B2 if issued? Would payslips, savings and bankstatements work?

Thanks for your time!

These things are always very difficult. I was denied 3 times for a tourist visa myself.

She certainly can apply for a tourist visa. The most important aspect of the application is in proving beyond a doubt she MUST return. If she cant do that she will be denied. Proving this is very hard to do for most of us. She must keep in mind that all this job and bank related proof is easily replaced and that is the problem. Money in a bank can be transferred for example. Her job might help but it totally depends on what the exact nature of that position is.

I am not sure but my opinion would be that being granted a tourist visa from her country will be next to impossible. The only way she will ever know is to try. These cases are usually decided before the person ever gets up to the window so its critical that any info she has to prove her case is presented up front.

[Cool Inferno 1]

I agree with you. Its a tricky situation. The only way to find out is to apply. If only there was a better way for her to prove herself - I can only think of the financials at the moment because she doesnt have any property on her name.

In Pakistan, like other countries, some people get lucky with B2's issued even with less ties; while most get refused due to non-conforming ties.

Thanks for your opinion and views. This will certainly help us in deciding whether or not to go for it. If you come over a similar case in some coming few months, do let me know. We most probably plan to apply in Sept this year; if we go for it.

Thanks!