visa denial (children)

[mandypalmer35@yah 0]

Hi! My husband and I have been married for  11 years we have 2 children together we live in america my husband is also a citizen. We both have children from previous marriages. . His children which are young adults  (Jamaica)  tried to come over on a visiting visa, both were declined. They were told to have us  file for them. The  problem is his children don't want to move here, they have young children and  their own families back in JA. No desire to move here, but the embassy doesn't believe it.  Any advice on what can be done to get these visas approved? Waivers, lawyers? The interviews went well at the embassy but when they pulled up the father  living in America   they denied the visas. 

 

Thanks!

Mandy

[Boiler 46,031]

Nothing a lawyer can do, presumably refused for not being able to show non immigrant intent, no waiver for that, would be contra logical.

 

They are free to apply again, perhaps when they are able to show better ties.

[Adventine 3,209]

As their intentions are only to visit and not to immigrate, they should focus on having better evidence of strong ties to Jamaica for the next attempt to apply for tourist visas.

 

Examples of strong ties are: stable, well-paying jobs, real estate, savings.

 

It also helps if they have a good travel history to other countries, with no visa overstays.

[Rocio0010 5,630]

Like others have suggested, the problem might be that they weren’t able to show strong ties to JA. There is nothing a lawyer can do that they can’t do by themselves. They have to show strong ties to JA, such as real estate, stable and well paying jobs, maybe even trips to other countries before attempting the US again. I have a friend who has a sister that lives in the US, and she was denied the tourist visa and asked to travel somewhere else first. If I were them, I would solidify those ties and then try again.

[Pinkrlion 2,724]

When a parent becomes a US Citizen, they crutinize more.

[Skyman 327]

Apply for immigrant visas for them. When they get their green cards they can go back to Jamaica and turn their green cards in voluntarily.  Next time they want to visit, a B-2 should be no problem. Not a cheap solution buy it works. 

[mari04 100]

You can try your congressman. Ask for compassionate b2. They will help. However, I know a lot of people who apply for green card for their loved ones because they cannot get tourist visa. Thank all these people that pretend that they are just visiting and do AOS. 

Edited July 30, 2021 by mari04

[Zoeeeeeee 797]

2 hours ago, Skyman said:

Apply for immigrant visas for them. When they get their green cards they can go back to Jamaica and turn their green cards in voluntarily.  Next time they want to visit, a B-2 should be no problem. Not a cheap solution buy it works. 

Does it work though? Surely when they go to their B2 interview, the interviewing officer would see the past abandoned green card and refuse their tourist visa on the basis that they had immigrant intent before and potentially now plan to see it through (but want to do it cheaply, via a B2). I just don't see how having demonstrable prior immigrant intent would make a tourist visa seem like a safer bet.

[Skyman 327]

2 minutes ago, Zoeeeeeee said:

Does it work though? Surely when they go to their B2 interview, the interviewing officer would see the past abandoned green card and refuse their tourist visa on the basis that they had immigrant intent before and potentially now plan to see it through (but want to do it cheaply, via a B2). I just don't see how having demonstrable prior immigrant intent would make a tourist visa seem like a safer bet.

I believe the logic is that they had the chance and had been cleared for immigration and decided against it. Had there goal been immigration they had their chance. I agree it looks odd though. 

A friend's wife in Cebu was denied a tourist visa. The consulate told him doing this was almost 100%. He did it and she has a B-2 now.

[SusieQQQ 11,587]

1 hour ago, Zoeeeeeee said:

Does it work though? Surely when they go to their B2 interview, the interviewing officer would see the past abandoned green card and refuse their tourist visa on the basis that they had immigrant intent before and potentially now plan to see it through (but want to do it cheaply, via a B2). I just don't see how having demonstrable prior immigrant intent would make a tourist visa seem like a safer bet.

How would it be “cheaper” to do it by abandoning what you have and trying to use a b visa to do the same thing all over again? The point is that if you wanted to live there you had the chance and have shown you didn’t want it. This is an extreme way to get a tourist visa though. 

Edited July 31, 2021 by SusieQQQ

[Zoeeeeeee 797]

59 minutes ago, SusieQQQ said:

How would it be “cheaper” to do it by abandoning what you have and trying to use a b visa to do the same thing all over again? The point is that if you wanted to live there you had the chance and have shown you didn’t want it. This is an extreme way to get a tourist visa though. 

Read it again. I'm saying that it's cheaper to apply for a B2 visa, rather than a secondary immigrant visa. Ergo, an interviewing officer might think that you'd changed your mind about not living in the US (after giving up your greencard previously), but decided to to apply for B2, as it's cheaper and quicker.

 

My point is - just because you decided you didn't want something last year, doesn't mean you won't want it this year. Lots of people on this forum seem to go back and forth with their immigration plans. Just putting it out there that I'm surprised that this isn't something that backfires for people.

Edited July 31, 2021 by Zoeeeeeee

[SusieQQQ 11,587]

26 minutes ago, Zoeeeeeee said:

Read it again. I'm saying that it's cheaper to apply for a B2 visa, rather than a secondary immigrant visa. Ergo, an interviewing officer might think that you'd changed your mind about not living in the US (after giving up your greencard previously), but decided to to apply for B2, as it's cheaper and quicker.

 

My point is - just because you decided you didn't want something last year, doesn't mean you won't want it this year. Lots of people on this forum seem to go back and forth with their immigration plans. Just putting it out there that I'm surprised that this isn't something that backfires for people.

The idea behind doing something like this is that people pretty much simultaneously give up their green cards and apply for a B to make their intentions clear.

[mandypalmer35@yah 0]

15 hours ago, Pinkrlion said:

When a parent becomes a US Citizen, they crutinize more.

It’s awful! 

[mandypalmer35@yah 0]

12 hours ago, Zoeeeeeee said:

Does it work though? Surely when they go to their B2 interview, the interviewing officer would see the past abandoned green card and refuse their tourist visa on the basis that they had immigrant intent before and potentially now plan to see it through (but want to do it cheaply, via a B2). I just don't see how having demonstrable prior immigrant intent would make a tourist visa seem like a safer bet.

I will definitely look into all these options. 

[mandypalmer35@yah 0]

14 hours ago, mari04 said:

You can try your congressman. Ask for compassionate b2. They will help. However, I know a lot of people who apply for green card for their loved ones because they cannot get tourist visa. Thank all these people that pretend that they are just visiting and do AOS. 

I will look into this thanks!