Need help about B2 visa refusal after having lost prior issued but unused visa.

[needtoask 0]

Hi, I am writing this for my friend. She doesn't speak nor write good English. My first language isn't English too, so I'm sorry for the mistakes in this post. I would like to know if my friend's situation can be improved. Sorry, this is a long post.

Facts about my friend:

• A/S/L : 31/F/Brazil
• Studies completed: Masters degree
• Job : She has a permanent job for the Brazilian federal government as a team supervisor. Her net income is about USD$2000/month
• Property: she doesn't have a property. She lives with her uncle and mother because she separated from her long term relationship about 2 years ago. She has her own paid car.
• Monthly spending: she helps her family with groceries. She also pays her mom's medical insurance.

Visa and travel history:

• Before having her first US visa issued, she traveled to Chile and Argentina.
• She was first issued a tourist visa in 2009. She doesn’t remember for how long it was valid, but she didn't use it. She lost her passport when she moved out from her ex (2017) with the visa in it. She didn't report it to the police nor the US embassy in Brazil, but she got a new one so the Brazilian government knows it’s been lost.

Visa interview December 2018 :

• November 2018: When she filled out the the DS-160 form, she mistakenly answered « no » the having been issued a US visa before because she answered rapidely and thought it meant if she had a visa right now. At the interview, they just asked her if she had traveled to the US before and she said no. She recognizes that it must pass as she was lying and commited a fraud, but it’s just an error and a bad organization (because she didn’t report the lost passport/visa)
• The interview didn’t go well. She was very nervous and both her and the two agents didn’t really understand each other. She answered short answers and she didn’t explain she had a US visa before but she lost her passport in it etc. The agent didn’t mention anything about an old visa. So the motive for her refusal was « not enough ties … »
• She traveled to Europe (Portugal and Italy) in February 2019 for two weeks and have Portugal stamps in her passport.

New application :

• She wants to try to get the visa again. She still lives with her parents, same job, same car, nothing has changed.
• She doesn’t know if she’s doomed to not be able to obtain the visa because she answered « NO » to the question if she has been issued a visa before.
• She doesn’t know what are the steps she could take to explain the situation to them without confusing them even more.
• Her plan for the visit is to visit New York, Boston and then come to Canada with me (I'm Canadian). I would reach her in New York and we would travel together and she would go back to Brazil from Toronto. She yet doesn’t have a Canadian visa because when you have a valid US visa, you can apply electronically for a Canadian visa.

Questions :

• Is it too late to report her lost passport/visa to the US consulate before applying again?
• What would be the optimal respond when they ask in the DS-160 form to explain why she was denied a US visa?
• At the interview, could she directly asks politely the agent to look up in the system so he/she can see she’s been issued a visa before that hasn’t been used, meaning that she isn’t desesperately wanting a visa to get in the US and stay there and explain the situation about what happened in the interview last year.
• Would it be better to get her a Canadian visa, have her visit Canada first and then apply for the US visa? She thinks waiting too long to sort this misunderstanding with the US authorities will only create more problems in the long run. What do you think?

Thank you very much for all your help. I wish everyone Happy holidays!

[designguy 1,179]

 

 

9 minutes ago, needtoask said:

• Is it too late to report her lost passport/visa to the US consulate before applying again?

You said she interview after her passport/visa was already lost. I would say it probably wouldnt make a difference at this point 

• What would be the optimal respond when they ask in the DS-160 form to explain why she was denied a US visa?

The truth. The reason is already in the system and every CO will have access to it

• At the interview, could she directly asks politely the agent to look up in the system so he/she can see she’s been issued a visa before that hasn’t been used, meaning that she isn’t desesperately wanting a visa to get in the US and stay there and explain the situation about what happened in the interview last year.

As above, she won't need to ask. The CO will already have access to that information. Its unclear from above, did she or did she not clarify the mistake on the DS-160 when she interviewed?

• Would it be better to get her a Canadian visa, have her visit Canada first and then apply for the US visa? She thinks waiting too long to sort this misunderstanding with the US authorities will only create more problems in the long run. What do you think?

Not sure what the two have to do with each other'

 

 

9 minutes ago, needtoask said:

She yet doesn’t have a Canadian visa because when you have a valid US visa, you can apply electronically for a Canadian visa.

Why doesn't she apply now through the ETA system? It's independent from any US visa.

 

 

Edit: If her prior visa was denied due to insufficient ties to her home country, and her circumstances have not changed, then its highly likely she will be denied again

 

Edited December 23, 2019 by designguy

[needtoask 0]

6 minutes ago, designguy said:

 

 

 

 

Why doesn't she apply now through the ETA system? It's independent from any US visa.

 

 

Edit: If her prior visa was denied due to insufficient ties to her home country, and her circumstances have not changed, then its highly likely she will be denied again

 

Because if you are a citizen from Brazil, you can't apply for the ETA system unless you have a valid US Visa. Otherwise, you need to apply for a normal visa. It's more expensive and she would have to travel to another city to give her fingerprints, like pay for flight, hotel, etc.) 

 

Ok, maybe the way I explained it was not well understood:

 

2009: she got a visa, haven't used it. 

2018: she got denied and didn't tell anything about the old issued visa. But i guess the agent would have seen it in the system. interview went bad. Why would they refuse her if she had a US visa and didn't use it and now she has a better permanent job and she's denied. It doesn't make any sense. Also, she traveled to Europe and came back. 

Edited December 23, 2019 by needtoask

[SusieQQQ 11,587]

6 minutes ago, designguy said:

Why doesn't she apply now through the ETA system? It's independent from any US visa.

You forget citizens of certain countries need visas for Canada too? For brazil you need to have either had a canadian visa in the past 10 years or currently hold a US visa to apply for an eTa, otherwise a canadian visa is needed. Does beg the question of why she doesn't just apply for a canadian visa first though.

 

 

1 minute ago, needtoask said:

Because if you are a citizen from Brazil, you can't apply for the ETA system unless you have a valid US Visa.

But she CAN apply for a Canadian visa. Why are you/she so hung up on getting the US visa first?

Edited December 23, 2019 by SusieQQQ

[Crazy Cat 42,035]

1.  Answer the visa application questions ACCURATELY.

2.  

11 minutes ago, needtoask said:

Questions :

• 1. Is it too late to report her lost passport/visa to the US consulate before applying again?
• 2. What would be the optimal respond when they ask in the DS-160 form to explain why she was denied a US visa?
• 3. At the interview, could she directly asks politely the agent to look up in the system so he/she can see she’s been issued a visa before that hasn’t been used, meaning that she isn’t desesperately wanting a visa to get in the US and stay there and explain the situation about what happened in the interview last year.
• 4. Would it be better to get her a Canadian visa, have her visit Canada first and then apply for the US visa? She thinks waiting too long to sort this misunderstanding with the US authorities will only create more problems in the long run. What do you think?

 

1.  I wouldn't bother now.

2.  The CO will KNOW exactly why the visa was denied....lack of ties to home country.  Any other answer by your friend will look very suspicious.

3.  Why?  her answer to that question will be recorded on the application.

4.  I don't think it makes a difference.

 

Her recent travels might help, but not much else has changed.......It is important that she understands and answers all questions honestly.......good luck. 

[designguy 1,179]

1 minute ago, SusieQQQ said:

You forget citizens of certain countries need visas for Canada too? For brazil you need to have either had a canadian visa in the past 10 years or currently hold a US visa to apply for an eTa, otherwise a canadian visa is needed. Does beg the question of why she doesn't just apply for a canadian visa first though.

My bad I thought Brazil was on the visa exempt list for Canada

[needtoask 0]

2 minutes ago, SusieQQQ said:

You forget citizens of certain countries need visas for Canada too? For brazil you need to have either had a canadian visa in the past 10 years or currently hold a US visa to apply for an eTa, otherwise a canadian visa is needed. Does beg the question of why she doesn't just apply for a canadian visa first though.

 

 

But she CAN apply for a Canadian visa. Why are you/she so hung up on getting the US visa first?

because we want to travel to the USA too...she wants to visit New York (her dream) and Boston

[Boiler 45,913]

I would apply for a Canadian Visa first, get that and then re apply for a US one.

[needtoask 0]

8 minutes ago, Boiler said:

I would apply for a Canadian Visa first, get that and then re apply for a US one.

its even harder to get a canadian visa....and if she gets denied, now what? 

 

maybe there is something I don't understand. Could it be because they didn't understand each other well at the interview. She said the agent didn't speak good portuguese and asked for another agent who she didn't understand very well and she might have answered too general the questions. Maybe the agent had a bad day and he skimmed the interview. 

 

The interview went like this:

 

Officer: What is your profession or what do you do for a living? Her answer: I'm a civil servant

Officer: Have you traveled to another country before? Her answer: Yes

Officer: What is your monthly income? Her answer: She answered her monthly income (about USD$2000)

Officer: Do you have expenses? Her answer: she said she understood monthly expenses, so she said: I'm responsible to pay for my mother's health insurance

Officer: Where do you pretend to travel to? Her answer: NYC

Officer: Are you traveling with someone? Her answer: No, alone but I am meeting a canadian friend in NYC, and then I will go visit Canada

 

She has a nice job that is permanent. Everyone in Brazil wants to work for the government because they are permanent jobs and they pay very well. It's very hard to pass the exams to get in. Why would she leave that and work as an illegal person in the USA for less than what shes making now? She doesn't even have family or friends there. She would be all alone! 

 

Also, she already had a visa issued and hasn't used it. If all she wanted was to go and stay in the USA, she had 10 years to do so and she hasn't done it. 

 

She went to Europe and didn't stay there...

 

SO: You have a good job + you had a visa you didn't use for 10 years + you traveled in Western countries and came back in 2 weeks....what else do you want? just because she's single she can't visit the USA? 

Edited December 23, 2019 by needtoask

[designguy 1,179]

1 minute ago, needtoask said:

its even harder to get a canadian visa....and if she gets denied, now what? 

 

maybe there is something I don't understand. Could it be because they didn't understand each other well at the interview. She said the agent didn't speak good portuguese and asked for another agent who she didn't understand very well and she might have answered too general the questions. Maybe the agent had a bad day and he skimmed the interview. 

 

She has a nice job that is permanent. Everyone in Brazil wants to work for the government because they are permanent jobs and they pay very well. It's very hard to pass the exams to get in. Why would she leave that and work as an illegal person in the USA???

 

Also, she already had a visa issued and hasn't used it. If all she wanted was to go and stay in the USA, she had 10 years to do so and she hasn't done it. 

 

She went to Europe and didn't stay there...

 

SO: You have a good job + you had a visa you didn't use for 10 years + you traveled in Western countries and came back in 2 weeks....what else do you want? just because she's single she can't visit the USA? 

 

There is only one person that needs to be convinced and thats the CO, which apparent by her denial, she didn't do. After a denial on those grounds, unless the circumstances have changed she is almost guaranteed to have the same result. What may seem logical to you may be very different to a professional examining a visa application.

[Crazy Cat 42,035]

1 minute ago, needtoask said:

SO: You have a good job + you had a visa you didn't use for 10 years + you traveled in Western countries and came back in 2 weeks....what else do you want? just because she's single she can't visit the USA? 

Did you know that anyone who applies for a US visa is already assumed to have immigrant intent?  Most B2 visas are denied for the reason they gave her.....lack of ties to home country.  Unfortunately, she fits a demographic group which is suspect:  young, single......

All she can do is reapply, answer all questions honestly, and hope she has convinced the CO that she is not a risk to stay inside the US.

[Boiler 45,913]

4 minutes ago, needtoask said:

its even harder to get a canadian visa....and if she gets denied, now what? 

 

maybe there is something I don't understand. Could it be because they didn't understand each other well at the interview. She said the agent didn't speak good portuguese and asked for another agent who she didn't understand very well and she might have answered too general the questions. Maybe the agent had a bad day and he skimmed the interview. 

 

She has a nice job that is permanent. Everyone in Brazil wants to work for the government because they are permanent jobs and they pay very well. It's very hard to pass the exams to get in. Why would she leave that and work as an illegal person in the USA for less than what shes making now? She doesn't even have family or friends there. She would be all alone! 

 

Also, she already had a visa issued and hasn't used it. If all she wanted was to go and stay in the USA, she had 10 years to do so and she hasn't done it. 

 

She went to Europe and didn't stay there...

 

SO: You have a good job + you had a visa you didn't use for 10 years + you traveled in Western countries and came back in 2 weeks....what else do you want? just because she's single she can't visit the USA? 

Why would she be denied by Canada with all those things going for her?

[needtoask 0]

1 minute ago, designguy said:

 

There is only one person that needs to be convinced and thats the CO, which apparent by her denial, she didn't do. After a denial on those grounds, unless the circumstances have changed she is almost guaranteed to have the same result. What may seem logical to you may be very different to a professional examining a visa application.

Ok, so the CO are perfect, they always make the good judgement? Righhhhhhhhht.

And maybe another agent would think differently 

[needtoask 0]

1 minute ago, Boiler said:

Why would she be denied by Canada with all those things going for her?

because here it's even harder because we have a lot of social programs. 

[designguy 1,179]

1 minute ago, needtoask said:

Ok, so the CO are perfect, they always make the good judgement? Righhhhhhhhht.

And maybe another agent would think differently 

Never said they always make good judgement, but they all go through the same training and have a set standard to use to evaluate a petition. Its possible another agent may have evaluated differently but its unlikely. At this point the only thing she can do is apply again.