very complicated situation need advice

[toribae1031 3]

Hello, This is not my situation but my friend need help.

She got student visa & studied in CA around 2016  to 2017. 

after that, she went back to the country where she was working... She got denied her B1/B2 visa application

The officer said she did illegal activities in the United States. The officer gave her the reason code

214(a) & received new email from U.S. Embassy that she was actually denied under section 214(b) which is prostitution.

She never did anything but the officer said she got into lawsuit which involved in prostitution... 

If that case, where she needs to contact & find out? 

 

The officer did not care even She got her criminal record from FBI which contains fingerprints & states that there are no criminal record at all.

Does she need to find court case from the state she was living in between 2016 to 2017 ?

if she did not do anything but her name & Her identity related... what she can do the best?

She cannot come to U.S. to get her record & her all visas got cancelled ever since she got denied B1/B2 visa application.

 

Thank you.

 

 

 

[Liam2021 582]

That maybe a problem because she got student visa in the past and now she want B1/B2. In addition, CO will have the proof about that  before they denied. Only your friend know exactly what she do at that time.

[geowrian 22,337]

16 minutes ago, toribae1031 said:

214(a) & received new email from U.S. Embassy that she was actually denied under section 214(b) which is prostitution.

214b is immigrant intent, not prostitution. Major difference.

[toribae1031 3]

1 minute ago, geowrian said:

214b is immigrant intent, not prostitution. Major difference.

yes and they kept changing the words and today she got into U.S.Embassy again the officer said she is involved in prostitution with lawsuit.

[Boiler 45,417]

INA 212(a)(2(D) is Prostitution.

[geowrian 22,337]

7 minutes ago, toribae1031 said:

yes and they kept changing the words and today she got into U.S.Embassy again the officer said she is involved in prostitution with lawsuit.

I'm not sure where they got prostitution from, but they are basing it on something (biometrics? same name as somebody else?).

 

If she was denied for a crime that did not occur, she can submit evidence to the contrary and try to appeal. Note that it's very, very difficult to do so for any non-immigrant visa, especially a tourist visa. She would have better luck with an immigrant (or K class) visa IMO, but obviously that doesn't apply to her right now.

Basically, she would be inadmissible and an inadmissibility can be overcome (either via showing it does not apply or via a waiver Edit: in general...not that one would apply here).

 

If she was denied under 214(b), then there's no appeal. She can reapply, but this is discretionary based on the CO's understanding of the circumstances and her ties to return home.

Basically, she would have been determined not to be eligible for the visa at this time.

Edited January 22, 2019 by geowrian

[toribae1031 3]

3 minutes ago, geowrian said:

I'm not sure where they got prostitution from, but they are basing it on something (biometrics? same name as somebody else?).

 

If she was denied for a crime that did not occur, she can submit evidence to the contrary and try to appeal. Note that it's very, very difficult to do so for any non-immigrant visa, especially a tourist visa. She would have better luck with an immigrant (or K class) visa IMO, but obviously that doesn't apply to her right now.

Basically, she would be inadmissible and an inadmissibility can be overcome (either via showing it does not apply or via a waiver Edit: in general...not that one would apply here).

 

If she was denied under 214(b), then there's no appeal. She can reapply, but this is discretionary based on the CO's understanding of the circumstances and her ties to return home.

Basically, she would have been determined not to be eligible for the visa at this time. 

soo.. is it going to affect to her family as well since some people said she intend to immigrate &  and 214(B) or 214(A)? 

And I saw 214(b) has appeal....I believe.. 

[geowrian 22,337]

1 minute ago, toribae1031 said:

soo.. is it going to affect to her family as well since some people said she intend to immigrate &  and 214(B) or 214(A)? 

And I saw 214(b) has appeal....I believe.. 

Each individual is issued a visa or not based on their own circumstances.

 

There might technically be an appeal process, but in practice it just isn't a thing. One can always reapply when denied under 214(b). A 214(b) decision is entirely at the discretion of the CO.

 

214(a) depends on the subsection. If it is prostitution, then a waiver would be needed unless they can convince them that the inadmissibility is incorrectly being applied. I'm not sure if such a waiver exists for a non-immigrant visa or not (sorry).

 

Anyway....first step is getting clear information on the reason for refusal. Is it due to prostitution? If so, why do they believe she was involved in prostitution? A lawsuit is a civil matter...presumably there's much more to the story here unless it's a mistaken identity.

[toribae1031 3]

3 minutes ago, geowrian said:

Each individual is issued a visa or not based on their own circumstances.

 

There might technically be an appeal process, but in practice it just isn't a thing. One can always reapply when denied under 214(b). A 214(b) decision is entirely at the discretion of the CO.

 

214(a) depends on the subsection. If it is prostitution, then a waiver would be needed unless they can convince them that the inadmissibility is incorrectly being applied. I'm not sure if such a waiver exists for a non-immigrant visa or not (sorry).

 

Anyway....first step is getting clear information on the reason for refusal. Is it due to prostitution? If so, why do they believe she was involved in prostitution? A lawsuit is a civil matter...presumably there's much more to the story here unless it's a mistaken identity.

Thank you..

I am sorry what is CO stand for?

It was crazy because she never got arrested, never had lawsuit but I want to give her direction where she can find a way that she is innocent.

Such as, go get Court report (if she has any) or contact to this or that place... 

 

 

[geowrian 22,337]

1 minute ago, toribae1031 said:

Thank you..

I am sorry what is CO stand for?

It was crazy because she never got arrested, never had lawsuit but I want to give her direction where she can find a way that she is innocent.

Such as, go get Court report (if she has any) or contact to this or that place...

CO = Consular Officer. They're the person who does the interview.

[HonoraryCitizen 179]

Can’t your friend access the internet? Why don’t you tell her to join VJ so she can give us her account of the issue directly instead of us getting secondhand information from you? Joining VJ is free.

[Ab28 4]

@HonoraryCitizenWhenever I find posts in which people ask questions on behalf of someone else, the very first thing that comes to my mind is that the person who is asking is the one who needs help, but he/she wants to ask on behalf of someone else.

[hope2018 25]

4 hours ago, HonoraryCitizen said:

Can’t your friend access the internet? Why don’t you tell her to join VJ so she can give us her account of the issue directly instead of us getting secondhand information from you? Joining VJ is free.

Maybe language barrier, busy schedule, etc.

[WeGuyGal 1,052]

They don't accuse someone of prostitution willy-nilly unless there's some situational evidence of it.

A b1/b2 decision cannot be appealed. She can reapply. But unlikely she'll get another visa anytime soon. Is she from South Korea? 

[HonoraryCitizen 179]

10 minutes ago, hope2018 said:

Maybe language barrier, busy schedule, etc.

But studied in the USA despite the language barrier? And too busy to get information on her US immigration status but wants to return to the USA on a visit? How does that make sense? 🤣 🤔