Compelling need to reapply 2 weeks after visa rejection

[broker 0]

Hi All,

Sorry for the long post, you might skip what you feel unnecessary. I just wanted to compile the complete case, so that minimum questions arise.

Background

I am a Pakistani national, living in Pakistan. My mother died 5 weeks after going to the US, due to sudden heart failure, in January. I contacted the American Express office who said that you need to show the proof of death in order to be considered for an expedited visa appointment. My father is in the US and informed that the death certificate would require few days. So he proceeded with her funeral and burial there. The Vital records certificate supposedly required or an expedited appointment was not received until around 4 weeks after her death. Once I had the death certificate, I proceeded with the DS-160, and to my dismay it didn’t inquire about the reason for my travel. Around February 14, there was a worldwide outage of online visa application services for about 5 days. Once rectified, I received an appointment date for Feb 27.

At the embassy

There were 4 windows for NIV processing and I was waiting right next to these and could hear all the interviews before my turn. Officers at 2 windows were having lengthy interviews and were approving visas for some and denying to some. The officer at the window right in front of me was taking lengthy interviews and granting visas to all, even to the ones who played it real bad. Not a single rejection, the max she did was to put a case on pending for missing documents. The officer in the last window wasn’t visible but she didn’t approve a single case. I had already lost some hope when my series started at that counter, but I proceeded with faith that the visa officer will take an unbiased interview and I had a strong case. But my interview wasn’t any different. Before jumping on to the interview.

About me and my ties: I am 37 years old, married, have 4 kids, doing a very respectable job (managing a software project and also as a visiting faculty in a university) with an above average salary. I have accumulated paid leaves of around 7 weeks. I have credit cards, bank accounts, properties, car in my name. I am a regular tax payer. My children go to good private schools. I live in my family home. The documentary proofs of all these were with me at the time of interview.

Reason for travel: I do not intend to go the US for leisure or business, rather for emotional support to my dad who has just lost his companion of around 50 years and is heart-broken in this old age. This is not the time for me to leave him alone, he needs me now more than ever. I need to get him back to life. My sister (US citizen) is there for over 10 years and though she has been visiting us, I had no plans to visit her. For me, no reason could be more compelling to go than emotional support for my father at this time. I'm not sure how this fits in the US culture, but condoling your near ones at the loss of a loved one is the least everyone does.

Outcome

During the interview, I was asked the following questions and then handed the ineligibility under clause 214(b) paper. They keep insisting that the visa officers are trained to judge by asking a few questions but my ties were not determined. My ties are so strong that I can’t shift to another city within the country, what to say of shifting outside the country.

What next? I am planning to reapply as I need to support my father at this time, who is in his late seventies. I have heard there isn’t any cool off period, though it is suggested to wait for a few months. I would have little reason to go after few months, now is the time when he needs me. As per law, a new visa officer would take my interview. But based on my interview below, can someone hint at what went wrong?

The Interview

VO: Why do you want to go?

My mother died in the US (not sure if I mentioned last month)

VO: I’m sorry for your loss.

Since none of us could make it to her funeral, so I want to go visit my Father and Sister.

VO: When do you plan to go and for how long?

It depends how early I get the passport, I plan to stay there 4 to 6 weeks but I have to be back before May.

VO: Where does your father live?

City name, TX

VO: Is he a citizen?

No, he is a LPR, but my sister is a citizen

VO: So what do you do sir?

I am a software lead developer.

VO: What is your salary?

My monthly salary is PKR ***,***/-

VO: So why are you going now? (with a somewhat confused look)

I want to be with my father at this time and also I want to visit my mother’s grave.

VO: Have you ever travelled abroad? And where?

Yes, I have been to India, Kuwait and Saudi Arabia.

VO: Can I see your earlier passport?

Slided the passport that had all those visas.

VO: Please give me a minute, I need to enter some data.

After entering date from my passport, slides back my passport along with a yellow page (which I later find to be Rejection under 214(b))

VO: Sorry sir, but US laws are very strict and you do not qualify for a visa at this time.

I didn’t continue the discussion as I believe there isn’t any point once she had made up her mind, though I felt that she was unfair to my case.

Regards,

broker

[Guest lebon]

sorry for that but there are not good people there very bad tried to have in appointment with the us ambassador and speak to him directly he can decide to give you a visa

[broker 0]

I don't think that is an option. He is not reachable.

[dwheels76 5,469]

Hi All,

Sorry for the long post, you might skip what you feel unnecessary. I just wanted to compile the complete case, so that minimum questions arise.

Background

I am a Pakistani national, living in Pakistan. My mother died 5 weeks after going to the US, due to sudden heart failure, in January. I contacted the American Express office who said that you need to show the proof of death in order to be considered for an expedited visa appointment. My father is in the US and informed that the death certificate would require few days. So he proceeded with her funeral and burial there. The Vital records certificate supposedly required or an expedited appointment was not received until around 4 weeks after her death. Once I had the death certificate, I proceeded with the DS-160, and to my dismay it didn’t inquire about the reason for my travel. Around February 14, there was a worldwide outage of online visa application services for about 5 days. Once rectified, I received an appointment date for Feb 27.

At the embassy

There were 4 windows for NIV processing and I was waiting right next to these and could hear all the interviews before my turn. Officers at 2 windows were having lengthy interviews and were approving visas for some and denying to some. The officer at the window right in front of me was taking lengthy interviews and granting visas to all, even to the ones who played it real bad. Not a single rejection, the max she did was to put a case on pending for missing documents. The officer in the last window wasn’t visible but she didn’t approve a single case. I had already lost some hope when my series started at that counter, but I proceeded with faith that the visa officer will take an unbiased interview and I had a strong case. But my interview wasn’t any different. Before jumping on to the interview.

About me and my ties: I am 37 years old, married, have 4 kids, doing a very respectable job (managing a software project and also as a visiting faculty in a university) with an above average salary. I have accumulated paid leaves of around 7 weeks. I have credit cards, bank accounts, properties, car in my name. I am a regular tax payer. My children go to good private schools. I live in my family home. The documentary proofs of all these were with me at the time of interview.

Reason for travel: I do not intend to go the US for leisure or business, rather for emotional support to my dad who has just lost his companion of around 50 years and is heart-broken in this old age. This is not the time for me to leave him alone, he needs me now more than ever. I need to get him back to life. My sister (US citizen) is there for over 10 years and though she has been visiting us, I had no plans to visit her. For me, no reason could be more compelling to go than emotional support for my father at this time. I'm not sure how this fits in the US culture, but condoling your near ones at the loss of a loved one is the least everyone does.

Outcome

During the interview, I was asked the following questions and then handed the ineligibility under clause 214(b) paper. They keep insisting that the visa officers are trained to judge by asking a few questions but my ties were not determined. My ties are so strong that I can’t shift to another city within the country, what to say of shifting outside the country.

What next? I am planning to reapply as I need to support my father at this time, who is in his late seventies. I have heard there isn’t any cool off period, though it is suggested to wait for a few months. I would have little reason to go after few months, now is the time when he needs me. As per law, a new visa officer would take my interview. But based on my interview below, can someone hint at what went wrong?

The Interview

VO: Why do you want to go?

My mother died in the US (not sure if I mentioned last month)

VO: I’m sorry for your loss.

Since none of us could make it to her funeral, so I want to go visit my Father and Sister.

VO: When do you plan to go and for how long?

It depends how early I get the passport, I plan to stay there 4 to 6 weeks but I have to be back before May.

VO: Where does your father live?

City name, TX

VO: Is he a citizen?

No, he is a LPR, but my sister is a citizen

VO: So what do you do sir?

I am a software lead developer.

VO: What is your salary?

My monthly salary is PKR ***,***/-

VO: So why are you going now? (with a somewhat confused look)

I want to be with my father at this time and also I want to visit my mother’s grave.

VO: Have you ever travelled abroad? And where?

Yes, I have been to India, Kuwait and Saudi Arabia.

VO: Can I see your earlier passport?

Slided the passport that had all those visas.

VO: Please give me a minute, I need to enter some data.

After entering date from my passport, slides back my passport along with a yellow page (which I later find to be Rejection under 214(b))

VO: Sorry sir, but US laws are very strict and you do not qualify for a visa at this time.

I didn’t continue the discussion as I believe there isn’t any point once she had made up her mind, though I felt that she was unfair to my case.

Regards,

broker

You talked about all your ties to us but did the CO know? They need to see all your ties, bank accouunts your children in school. A letter from university saying how long you can be gone and when you are expected back. When they see you have everything in Pakistan to come home to then they will hopefully see.

But you have to submit that upfront.

[Boiler 46,121]

If you have to be back by May there would be no point, unlikely AP would be over that quickly.

Best bet would be for him to come to you.

[broker 0]

@dwheels76, the American Express doesn't take anything else with the application, anything and everything the applicant has to carry on the date of appointment. And shouldn't the CO be inquiring about the case and asking for documentary proofs? But probably I should've insisted on showing them.

[broker 0]

@Boiler, yes but he needs help now, AP is probably not mandatory, and probably is skipped for some. And yes he used to come back every six months, it's just that currently he has refused to return and preferring solitude. If nothing works out, that would be our only option.

[Boiler 46,121]

AP is mandatory.

[canadian_wife 1,829]

I have to agree with the above posters - except for the one that suggested meeting with the ambassador, that probably won't happen.

You have and LPR father and a US citizen sister. Sadly, a lot of people travel to the US for 'tourism' and end up adjusting status. While you talked about your ties, you needed to show proof. For example.

What do you do sir?

I am a software developer, here is a letter from my employer stating my job, permission for leave of absence, and my expected return date. Feel free to contact them.

OR

What is your salary?

My salary is $$$, here is my recent bank statements, you can see my regular salary deposits and note that I have enough to fund this trip.

Make sense?

good luck

[RhettVoe 282]

Our ambassadors do not have the power nor authority to issue visas, nor can they order a CO to issue one. COs have something called a 'consular commission', granted by Congress, which gives them the power and authority to issue and deny visas...ambassadors lack this commission on purpose, so that the visa adjudication process remains transparent and free of meddling by any third parties.

[Dakine10 5,452]

What next? I am planning to reapply as I need to support my father at this time, who is in his late seventies. I have heard there isn’t any cool off period, though it is suggested to wait for a few months. I would have little reason to go after few months, now is the time when he needs me. As per law, a new visa officer would take my interview. But based on my interview below, can someone hint at what went wrong?

Regards,

broker

You can reapply the next day if you want. There is no restriction on applying, but unless the reason for denial is addressed, there is a high probability of getting the same result. A different CO may see things differently but the best thing would be to show more compelling evidence of your ties.

[broker 0]

Thanks canadian_wife and Dakine_10. Perhaps I should've been more proactive, instead of waiting for them to ask for proofs. Infact, the COs were telling the earlier applicants to answer as much as being asked.

[JohnR! 5,495]

Thanks canadian_wife and Dakine_10. Perhaps I should've been more proactive, instead of waiting for them to ask for proofs. Infact, the COs were telling the earlier applicants to answer as much as being asked.

I would recommend you reapply and take as much documentation as you can to provide as evidence of your ties with Pakistan. This time around you may be able to better present the evidence for you will be asked the reason you are reapplying. That ought to open the door for a somewhat longer interaction with the IO.

Good luck!

[RhettVoe 282]

at the end of the day, documents do not (and cannot) prove intent.

[Boiler 46,121]

You can of course apply as frequently as you wish.

From my personal experience interviews are very quick and documents are rarely requested.

Still wonder if it is worth the hassle bearing in mind your limited time line.

No harm however.