How to File Complaint

[Unidentified 2,930]

First of all, big mistake on thinking a plane ticket could be used as "evidence' that should give him a visa. And I know you already know this by now: you should not have booked the ticket without the visa in hand. Big no no.

Second: why is it so surprising that he was was told he'd been denied? Regardless of whether or not they're allowed to lie, wouldn't it make sense that they can change their minds? Just think about it, under the short interview that they have they're supposed to tell if you should get your visa or if you're too much of a immigration risk. I personally think it would be perfectly reasonable for them to say "sorry, we looked through the evidence again and we don't feel they're enough/we feel you're going to try and stay in the US".

One thing they probably reacted to was the scanned signature. It says in all instructions, doesn't matter what visa you're applying for that they will only accept original documents meaning you should have signed the letter and sent it to him in the mail. Could be they didn't think it was real.

[Loki_Go 126]

You are once again using the legal standpoint. I'm questioning the moral standpoint.

Your morals are only valid for you and the life you live. The US Consulate do not live by your morals.

I question 2 things: one, did the officer actually use the exact words 'you are approved' and then requested additional evidence? Wouldn't that raise any concerns for your brother? It would seem very odd to me that I would need to return with evidence if I was approved. Secondly, there may be something in your brother's past you are not aware of, something that keeps getting him denied US entry.

[Boiler 45,967]

The letter was not part of the application.

Still do not understand why he did not pay his own way.

[Unidentified 2,930]

Sorry my bad.

Yes, him showing he could pay for himself would have been good proof as well.

[Soup Dragon 104]

The CO at Frankfurt consulate was cheerful, hardly asked me any questions, joked with my husband about his bad photo on our application, told me with a big smile that my visa had been approved but I STILL walked away thinking she could change her mind. I had read so many times on here about waiting until you have your visa in hand, I couldn't allow myself to get too excited. Different story when I opened my passport and saw the visa.

Sorry for your experience. A lesson learned, perhaps?

[Jo Së 200]

From the original post, it sounds like the brother-in-law provided stronger ties to the US than he did to his own country, someone vouching for him would not be good enough, he would need to provide social and economic ties: Wife, kids, bank accounts, property ownership.

Regardless of what the purpose of the visit is, he is already presumed to be an intending immigrant by law, so he must convince them otherwise.

[Pennycat 880]

The letter was not part of the application.

Still do not understand why he did not pay his own way.

I'm assuming that it would be something related to the average GDP per capita being under $250/year.....

Even with a good, stable job and a high standard of living in Malawi (enough to qualify for a tourist visa), $2000 is a whole lot quicker and easier to make in the US than in Malawi and is a less overall hardship for the person spending it. I'd see it as part of the overall cost of my wedding to make sure my husband's family could be there, if the choice came down to it.

My future in-laws enjoy a very nice standard of living in Costa Rica (not quite as good as the wealthy North American retirees do there, but more than comfortable) but still their tickets to join us for our wedding would be a significant burden, to the point that it may be cost prohibitive. Me though? Easy as cake to make up that amount of money. I'd just keep my second job a little longer than planned. I'd barely even notice it, I work so few hours per week (I work there Fridays after work, but get out still early enough to socialize if I want to,and Sunday mornings or afternoons), direct-deposited into a savings account and by the time I think to check on the account, there's another thousand dollars in there. That simply can't happen in a place like Malawi.

[TBoneTX 45,969]

In short, the OP is free to complain formally to the Bureau of Consular Affairs. It will be interesting and perhaps enlightening to hear the response.

[Transborderwife 4,666]

In short, the OP is free to complain formally to the Bureau of Consular Affairs. It will be interesting and perhaps enlightening to hear the response.

Is their a consulate equivalent to "too bad, so sad"?

[TBoneTX 45,969]

It's called "The Doctrine of Consular Nonreviewability."

[Jawaree 718]

Sorry that this happened but you have no complaint

A Never purchase tickets, or sell property until visa is in hand = RULES for Visitors & Immigrant visa applicants

B A visa to the USA is a privilege & not a right

C By showing your docs along with his application prevents him overcoming 214B intent...DOS rules to deny

D Many ppl have stayed in the US leaving kids & spouses at home

E Applicants are required to gain approval on their own merits, there is no agency or Dept to complaint to

F There is no harm in re-applying with evidences of stronger ties to home in the future

Edited September 10, 2015 by Jawaree

[rinimina 7]

This happened to me as well. My brother was supposed to walk me down the aisle and he applied twice and both times he had more than enough evidence in his hands, but he was discriminated for being a 22 year old male with no wife, kids, and a house under his name ( even though he has a job). I even called the National Visa Center and the Embassy in DC to make sure he had all the "proof" docs they would like to see and the Embassy in Greece still refused him a visa (We even had a letter from the Congressman representing Colorado). I emailed the Embassy and all I got was "Sorry, he did not qualify" , but they'd never give me a straight up answer as to WHY. So, yeah. Never make plans such as buying tickets because it really depends on how that consular is feeling that day.

[Jo Së 200]

but he was discriminated for being a 22 year old male with no wife, kids, and a house under his name ( even though he has a job).

but they'd never give me a straight up answer as to WHY. So, yeah.

Not sure how he was descrimintated, he simply didn't meet their criteria.

Most times they don't even give the applicant and asnwer as to WHY because they aren't required to, they just say no and call for the next in line.

[Unidentified 2,930]

This happened to me as well. My brother was supposed to walk me down the aisle and he applied twice and both times he had more than enough evidence in his hands, but he was discriminated for being a 22 year old male with no wife, kids, and a house under his name ( even though he has a job). I even called the National Visa Center and the Embassy in DC to make sure he had all the "proof" docs they would like to see and the Embassy in Greece still refused him a visa (We even had a letter from the Congressman representing Colorado). I emailed the Embassy and all I got was "Sorry, he did not qualify" , but they'd never give me a straight up answer as to WHY. So, yeah. Never make plans such as buying tickets because it really depends on how that consular is feeling that day.

Sweetheart, that's not discrimination, that's how the visa process works. He didn't qualify, most likely because he couldn't show enough ties to Greece.

[Loki_Go 126]

(We even had a letter from the Congressman representing Colorado)

Why would a letter from Colorado's congressman have any weight? I mean what did it even say? Not judging, just wondering how that would help and why you thought to get that.