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nightfury

Fee taking procedure from immigrant applicants for non immigrant visa

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Filed: Country: India
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Hi all,

So I just ended up wasting non immigrant application fee for the second time. I already have immigrant visa application since june 2013 and was invited for a visit by my in laws family to join in a 90th birthday celebration last year(which was denied at embassy) and again this time to attend my mother in law's funeral(denied again).

Now, In both times, they already knew I have immigrant application in process but still denied me both times on basis of 214(B). Even for a humanitarian cause like the death of relative.

So, they are just off making money from getting applications from people, who they already know they are going to deny visa. So everyone who has immigrant visa, Please Do not EVER apply for a non immigrant visa, cause it will be denied, no matter what.

The great and simple solution that they are not opting for is to put on the website that they will not issue non immigrant visa for the applicants with immigration application already submitted.

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If you're deep into the immigrant visa process then your chances of receiving a nonimmigrant visa are pretty close to zero. The only exception would be if you're from a VWP country then you'd probably be able to visit, or you already had an existing B-2 from before you filed for the immigrant visa. Otherwise, as you say, you're just giving the US government free money.

Every visa applicant is presumed by law to be an intending immigrant. It's up to you to show that you will return to your home country at the end of your period of authorised stay. With an immigrant visa in-process this is going to be almost impossible for most applicants under those circumstances.

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Filed: Country: India
Timeline

If you're deep into the immigrant visa process then your chances of receiving a nonimmigrant visa are pretty close to zero. The only exception would be if you're from a VWP country then you'd probably be able to visit, or you already had an existing B-2 from before you filed for the immigrant visa. Otherwise, as you say, you're just giving the US government free money.

Every visa applicant is presumed by law to be an intending immigrant. It's up to you to show that you will return to your home country at the end of your period of authorised stay. With an immigrant visa in-process this is going to be almost impossible for most applicants under those circumstances.

Yeah I do understand that they assume every applicant is intending to immigrate there. It is their duty too, but given the circumstances, I think they can also do exceptions for humanitarian purpose. And my worry is not that they took the money, it's that they took the money of the applicant, who they know, they are going to deny visa to from the start.

More then that, the whole process to get the appointment in an emergency was a utter shame on them, first on the website it clearly states that if applicant goes to Citibank and pay cash, they can schedule interview in three hours. It took me 24hrs before I could get my interview date. Then after my application was approved for emergency interview, so when I re-scheduled my interview, the system doesn't let you take appointment for biometrics. So, in the end, you end up taking the next day appointment, which was already available for normal scheduling.

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