Tourist Visa, Cancelled... LONG!!

[yovanca02 0]

Hello

I'm writing on behalf of a friend in Santo Domingo, Dominican Republic.

She was issued a tourist B1/B2 visa on September 6, 2012 at the US Embassy of Santo Domingo, Dominican Republic.

She has been to the USA 3 times since this date:

10/4/2012 11/16/2012

9/23/2013 12/15/2013

9/9/2014 12/15/2015

** The purpose of her trips have been explicitly for leisure and pleasure and she has provided all personal expenses on her own. **

On February 12, 2012 she went with her husband and 2 children for a consular interview at the US Embassy in Santo Domingo, for a tourist visa.

Although they're visa application was denied under law 214(b), no documents were requested during the time of interview to determine evidence of ties with my country. They brought in all necessary documents that proof strong ties with Dominican Republic.

However, HER visa that was current since September 2012 was cancelled without a valid reason. Only under the assumption that because she stayed for 6-12 weeks at a time, the US Consular Official at Santo Domingo cancelled her visa without explanation of cancellation or informing her of what law she was violating. The times she has been to the United States have been for leisure and she provided my own expense. She never stayed past the allowed time on her I-94 provided by the U.S Customs and Border Protection Officer, which was always 6 months. So I am unsure under what law her visa was cancelled.

Her ONLY reason for wanting a B1/B2 visa is because she is the mother of 2 girls that are U.S. Citizens; daughters from a previous relationship. They obtained their U.S. Citizenship through their father under The Child Citizenship Act of 2000.

Her two daughters, will be going to live the USA with their father, permanently

It was never her intention to risk losing her B1 / B2 Visa. She would like the opportunity to see them. It would be very hard for them, not to see eachother on special occasions and other activities in their lives.

They were her motivation in applying for a US Visa in the first place, to not lose physical contact with them in the near future.

Thank you for any feedback

[Hypnos 6,578]

1) She stayed for over a year on her third visit, or typo?

2) If she already had a B-2 visa, why did she apply again for a B-2 visa? I am failing to understand.

[yovanca02 0]

Sorry I was typing too fast and made a few typing errors.

Dates on 3rd visit: 9/9/2014 12/15/2014

Date she went to embassy to accompany husband and children when they applied for B2 visa: Feb 2015, this was when consular official cancelled her visa. She wasnt re-applying.

Thanks

[Hypnos 6,578]

Her two children, if they are US citizens, are ineligible for visas, for obvious reasons.

I find it strange that she wasn't applying but her visa was cancelled anyway. Presumably, only the husband was actually applying for a visa, unless the children weren't US citizens by that point under the CCA.

[jan22 3,064]

A visa can be cancelled at any time a visa officer of immigration officer has evidence to conclude that the person no longer qualifies for the visa.

Playing devil's advocate, the visa officer could think that getting the husband's visa was the last step in a plan to move permanently to the US, which was not the case in 2012 when the visa was issued. American daughters don't need visas, Mom has one, and final piece is step-father and any other children getting visas.

Or, perhaps she doesn't work outside the home (or doesn't earn much if doing so) and her qualificiations for a visa, in large part, depends on her husband's support. If he doesn't qualify, by definition she hen wouldn't qualify.

Or, perhaps the officer thought the pattern was strange -- to not have husband and two children apply when she did in 2012 might seem odd. And then for her to spend three months each for two years in a row at the same time of year, without her husband and the non-US-citizen children is not the norm. Working a seasonal job in the US?

In other words -- there are any number of reasons why the visa could have been cancelled and anything we say here would just be speculation.

[yovanca02 0]

^{I guess she will have to re-apply, there’s no way to revoke the cancellation... thanks for the feedback guys!!!}

Edited September 3, 2015 by yovanca02

[Jawaree 718]

She can re-apply, however they can cancel a visa at anytime, the kids going to live

in the US & stepdad applying seem like this move was going to be longterm in the COs

eye, She will get back a visa some day just not now, and even though she stay under 6 mths

prior, those 12 wks visits questions her job or business if she has one how she can take all

that time off.Finally did this new processing coincide with what she revealed on 2012 application

[Boiler 46,109]

She spends 3 months visiting the US leaving her spouse and children behind?

Bit odd.

Wonder what the real story is.

[cristina16 81]

As I understand and here are my comments:

On February 12, 2015 she went with her husband and 2 children for a consular interview at the US Embassy in Santo Domingo, for a tourist visa. (current husband applying for a tourist visa - wife of course has an existing tourist visa and kids USC)

Although they're visa application was denied under law 214(b), no documents were requested during the time of interview to determine evidence of ties with my country. They brought in all necessary documents that proof strong ties with Dominican Republic. - application of the husband was denied, since they have not shown enough proof of ties to go back. Come to think of it. Her 2 USC kids are moving to US. NOW she is bringing her entire family ( current husband and 2 kids) to the US. They have no reasons to come back, all of them, the whole family are leaving for US- this is what the CO have seen and this is why he cancelled the tourist visa of your friend.

However, HER visa that was current since September 2012 was cancelled without a valid reason. - that is the reason as stated above. That is how CO evaluate family applying for tourist visa.

Edited September 4, 2015 by cristina16

[Sawa N Ab 7]

I do not know why she was canceled but it seems that she needs to show more proof to ties to her country and apply again.

Also she could change her custody agreement now because the custody was granted to the father because the mother was able to visit the children but now she is not able to visit so she is not able to have a relationship with her children. The sad reason I know this is because of the Kelly Rutherford case from reports the father gained custody because his visa was denied so he was granted custody because his wife would be able to visit them in Monaco.

Also to clarify does this women has four children with two of them being children from a previous marriage and these children live in the US with their father or does she only have two children and they are going to the states to live permanently.

If it is the later option, maybe applying after they settle in the states will help the CO feel more comfortable that she not just visiting to follow her children and she plans on never leaving with her husband.

I hope she is able to figure this out and be able to spend time with her kids.

Edited September 4, 2015 by Sara N Abhishek

[yovanca02 0]

Its very unfortunate for her, the mom and her 2 USC kids