Compelling need to reapply 2 weeks after visa rejection

[JohnR! 5,495]

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

The purpose of documentation is not to prove intent so much as provide evidence that the applicant has strong reasons to return home. Having said that, there are no guarantees but the IOs have to try and provide some level of scrutiny. In many instances, a second interview will have a different outcome.

[broker 0]

Thanks Gegel,

That's encouraging, and although I did take along all documents the first time, and even though as boiler says it, the CO might not see any document, but I'll try to walk her through as much as I can.

[broker 0]

@boiler, even though if I can't go within the time available, if I get a visa, I'll still have some peace of mind that I can go see him any time soon. I hope it goes well this time around.

[Boiler 45,970]

Just a thought, always good to have a back up plan.

[JohnR! 5,495]

Thanks Gegel,

That's encouraging, and although I did take along all documents the first time, and even though as boiler says it, the CO might not see any document, but I'll try to walk her through as much as I can.

Although there are no guarantees, you will never know until you give it another try. I wish you success this time around.

[broker 0]

Although there are no guarantees, you will never know until you give it another try. I wish you success this time around.

If the CO asks me that what is different this time? Should I say that now I know that the burden of proof of strong ties lies on me, as per law. Because effectively nothings different, it's just that now I will offer/try to show all my documents, which I had with me anyway.

Also a number of people keep advising me not to reapply so soon as it has a very high chance of denial. From what I saw, it all depended on the CO, and not the law.

[RhettVoe 282]

Please explain how any piece of paper can control the behavior of somebody who enters the US with a tourist visa. No document that exists anywhere on the planet can prove the true intent of an applicant (and intent is what matters, not a pile of papers) to the interviewing CO. An employer letter? How does that prove somebody will return? A bank statement? Marriage certificate? Title deed to a car or washing machine? If certain documents were considered by our laws to prove one's intent, those documents would be listed as a requirement for each and every applicant to bring to their interview.....I just thumbed through the Immigration & Nationality Act before responding....I found no such reference to any piece of paper. Many countries place a lot weight on documents; our country does not when it comes to applying for a tourist visa.

[RhettVoe 282]

In many countries, any document can be fabricated 3 blocks from our embassies, which is one major reason why documents can do little do make one's case better (it has more chance to make it worse).

[broker 0]

Please explain how any piece of paper can control the behavior of somebody who enters the US with a tourist visa. No document that exists anywhere on the planet can prove the true intent of an applicant (and intent is what matters, not a pile of papers) to the interviewing CO. An employer letter? How does that prove somebody will return? A bank statement? Marriage certificate? Title deed to a car or washing machine? If certain documents were considered by our laws to prove one's intent, those documents would be listed as a requirement for each and every applicant to bring to their interview.....I just thumbed through the Immigration & Nationality Act before responding....I found no such reference to any piece of paper. Many countries place a lot weight on documents; our country does not when it comes to applying for a tourist visa.

Hi RhettVoe,

If you talk about intent, then nobody can know it by any means, not by documents, not by a 2 minute conversation, or even talking through the day, for that matter. Its not a crisp thing, rather something fuzzy, and left to the judgement of the CO, or his/her mood/bias etc. There is a lot of luck involved, whoever gets the visa, would say that the process is very logical and straight forward, who doesn't get it thinks the opposite. However if a genuine case is rejected the first time, it does create some doubt for subsequent attempts and I'm not sure but I won't be surprised if the CO approving a previously denied visa request would have to justify the decision. So it makes it lot more easier to enforce the earlier decision. The bottom line is the outcome of the interview can be anything but rational.

[RhettVoe 282]

and you know this how? Sorry, but it's the applicant who makes or breaks his or her case, by establishing their credibility, not by bringing a pile of papers to the interview...COs are trained to identify inconsistencies in the answers given by an applicant, to assess (quickly) whether or not the trip makes sense, and other factors that the average applicant has no idea are being weighed.....it is not luck....nor documents...nor some silly letter from some congressman....if, at the end of the interview, the CO remains unconvinced of the applicant's true intentions, then by law that visa application is to be denied....period.

The key phrasing is the fact that the CO must be convinced of the applicant's intentions, and the responsibility of convincing the CO falls exclusively on the applicant....if they mess it up, in one of a thousand ways, their application will be denied.

[JohnR! 5,495]

It is a bit of both. Obviously how the candidate behaves in the interview and how the questions are answered are both important factors but more often than you would imagine, a pay stub, a tax return, had tipped the scale.

As I said, there are no guarantees and the IOs decision is completely discretionary but that does not mean one should not consider recourse.

[RhettVoe 282]

Tax returns or pay stubs don't prove intent.

[broker 0]

RhettVoe,

Intent can never be proved, at the most it can only be guessed. No training whatsoever can enable you to determine intent. If it wasn't the case, there wouldn't have been no immigrant issue in the US.

[RhettVoe 282]

Intent of a visa applicant is exactly what COs have been trained to do. Few applicants are going to tell a CO that they really want to use a tourist visa to work illegally or shop for a spouse and remain in the US...instead, the COs gauge the applicant's intentions based on a variety of factors that have been demonstrated to be highly accurate over time. No, it is not a perfect situation, but it is what it is until Congress changes the laws.

[JohnR! 5,495]

Tax returns or pay stubs don't prove intent.

We agree, so much so I never stated otherwise.