Small criminal history, refused with 214(b)

[Eggtart 1]

So a month ago I applied for a B2 visa to go on vacation to the states. The first time I applied with everything truthfully, stating that I have been arrested once before for petty theft, but I also mentioned I was unemployed(on the application form). I got the 214(b) refusal and said by the CO that I can apply again.

 

The second time I applied again was a week later. With the same answers about my background and employment state. I mentioned to the OC when asked”what do you do for work?” I mentioned I work as a waitress but decided to take a break and go on vacation using my savings to pay for the 1 week trip. I got refused again with 214(b).
 

So I would like to know was it mainly because I was unemployed or because of my small arrest ? 

[canadian_wife 1,826]

Well, were you actually employed as a waitress?  Were you working and decided to take a break?

 

in all honesty no one here can say which issue, or both, lead to the denial.

 

good luck 

[Eggtart 1]

1 hour ago, canadian_wife said:

Well, were you actually employed as a waitress?  Were you working and decided to take a break?

 

in all honesty no one here can say which issue, or both, lead to the denial.

 

good luck 

I was working as a waitress before I applied but my contract ended. So therefore I’m unemployed.

[Lucky2Lucky 2,526]

No one can say for certain why you were denied, however, it makes sense you were denied the second time since since your circumstances did not change. It’s necessary to show ties to your country which a job helps show. Most people don't take a break from a job to apply for a visa. Taking a break after having the visa and being able to travel is different.My advice is to get a job and apply once you have a work history and have allotted days off to take a vacation. One other thing that may help is if you have a travel history and have shown you go back home after your allotted stay. 

[Eggtart 1]

24 minutes ago, Luckycuds said:

No one can say for certain why you were denied, however, it makes sense you were denied the second time since since your circumstances did not change. It’s necessary to show ties to your country which a job helps show. Most people don't take a break from a job to apply for a visa. Taking a break after having the visa and being able to travel is different.My advice is to get a job and apply once you have a work history and have allotted days off to take a vacation. One other thing that may help is if you have a travel history and have shown you go back home after your allotted stay. 

I see. It’s no problem for me to get back to work. And I actually have a travel history of 9 countries and always came back, but the stamps are all in my old passports. Does it need to be presented in the current passport ? And when I apply again do I need to tell them about my past arrest?

[Lucky2Lucky 2,526]

14 minutes ago, Eggtart said:

I see. It’s no problem for me to get back to work. And I actually have a travel history of 9 countries and always came back, but the stamps are all in my old passports. Does it need to be presented in the current passport ? And when I apply again do I need to tell them about my past arrest?

I think you know the answer to that question. Of course you need to be honest. That is good you have a travel history. Do you have other ties to home such as owning property etc. I would wait a few years (or year) with a steady job and reapply. It sucks that it’s so hard for some to get a visitors visa when there are people who truly only want to visit- but it’s due to people from your/other country(s) abusing it in the past. Good luck.

[SusieQQQ 11,587]

214b is immigrant intent. It’s almost certainly the lack of ties, not the petty theft. So, the unemployment. 
 

40 minutes ago, Eggtart said:

And when I apply again do I need to tell them about my past arrest?

what an odd question seeing as they already know about it anyway. You understand they keep your applications on file? By the way, an intentional misrepresentation to try get a visa can get you banned for life. Not a good idea. Answer questions truthfully. 
 

3 hours ago, Eggtart said:

I mentioned I work as a waitress but decided to take a break and go on vacation using my savings to pay for the 1 week trip.

This doesn’t pass the credibility test IMO. You don’t need to resign a job for a week’s vacation. I think (speculation of course) either the CO just didn’t believe that statement, or they were concerned that if you were spending all your savings on a one week trip the likelihood of staying longer and working illegally in the US to fund being there seemed high.  Unfortunately being a waitress in the way you have described your work situation does not seem to represent a tie to home. 
 

 

Edited August 10, 2021 by SusieQQQ

[Eggtart 1]

42 minutes ago, SusieQQQ said:

214b is immigrant intent. It’s almost certainly the lack of ties, not the petty theft. So, the unemployment. 
 

what an odd question seeing as they already know about it anyway. You understand they keep your applications on file? By the way, an intentional misrepresentation to try get a visa can get you banned for life. Not a good idea. Answer questions truthfully. 
 

This doesn’t pass the credibility test IMO. You don’t need to resign a job for a week’s vacation. I think (speculation of course) either the CO just didn’t believe that statement, or they were concerned that if you were spending all your savings on a one week trip the likelihood of staying longer and working illegally in the US to fund being there seemed high.  Unfortunately being a waitress in the way you have described your work situation does not seem to represent a tie to home. 
 

 

Right I see because I honestly don’t know much about the refusal that I got. As it was my first time applying for myself(however I was granted a B2 visa when I was 8 years old).I really thought that my past arrest would’ve been the reason for the 214(b), but I soon came to realise after multiple research and your feedback that it was because of the unemployment. And I was afraid that I would never be able to explore America. 

[Eggtart 1]

2 hours ago, Luckycuds said:

I think you know the answer to that question. Of course you need to be honest. That is good you have a travel history. Do you have other ties to home such as owning property etc. I would wait a few years (or year) with a steady job and reapply. It sucks that it’s so hard for some to get a visitors visa when there are people who truly only want to visit- but it’s due to people from your/other country(s) abusing it in the past. Good luck.

The only ties I have is the apartment I rent with my mother and like my bank account. As well as a residency card I hold(dual citizenship).

[SusieQQQ 11,587]

9 minutes ago, Eggtart said:

The only ties I have is the apartment I rent with my mother and like my bank account. As well as a residency card I hold(dual citizenship).

So there’s really nothing preventing you just looking for an under the table waitressing job in the US and staying there…. This is the most likely reason for the 214b. 

[Eggtart 1]

35 minutes ago, SusieQQQ said:

So there’s really nothing preventing you just looking for an under the table waitressing job in the US and staying there…. This is the most likely reason for the 214b. 

Well I guess that is what they assume of me, which is not the case. I never have the intent to do such a thing. But I can totally understand what you mean. I appreciate the advice that has been given through this thread. I’ll be sure to update it in the near future hopefully with some good feedback. Thanks Susie with your help 😊

[SusieQQQ 11,587]

25 minutes ago, Eggtart said:

Well I guess that is what they assume of me, which is not the case. I never have the intent to do such a thing. But I can totally understand what you mean. I appreciate the advice that has been given through this thread. I’ll be sure to update it in the near future hopefully with some good feedback. Thanks Susie with your help 😊

US law actually assumes immigrant intent unless the applicant can demonstrate otherwise - that is actually what 214b refers to, it is the section of law that says this.

(But also, surely you can see saying you have become unemployed to use your savings on a one week holiday sounds a little fishy?)

 

[Eggtart 1]

1 hour ago, SusieQQQ said:

US law actually assumes immigrant intent unless the applicant can demonstrate otherwise - that is actually what 214b refers to, it is the section of law that says this.

(But also, surely you can see saying you have become unemployed to use your savings on a one week holiday sounds a little fishy?)

 

I suppose it does 🤔 

My contract was up, so it was the only time I could go on vacation before coming back to work. 

So say my circumstances have changed over time, meaning I’ve got a job and can present them with a letter from work stating my annual leave. Will the CO recognise that?

[SusieQQQ 11,587]

10 minutes ago, Eggtart said:

I suppose it does 🤔 

My contract was up, so it was the only time I could go on vacation before coming back to work. 

So say my circumstances have changed over time, meaning I’ve got a job and can present them with a letter from work stating my annual leave. Will the CO recognise that?

It will certainly help more than your current situation- whether or not it will be enough no one here can say 

[Pinkrlion 2,724]

You say you are unemployed and then a week later you are employed and taking a vacation.  Not possible.