How to get a visa in the United States after refusal - ForumDaily
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How to get a visa in the United States after refusal

Almost one in four applicants who applied for the most popular tourist and business visa type B2014 / B1 in the United States in 2 were refused, according to statistics from the State Department. ForumDaily found out what to do if you refused a visa, and is there a chance to get to America after all.

Photo: Shutterstock

Trying is not torture

The daughter of Russian woman Irina Burd was denied a visa 3 times, but was given a visa on the fourth. “The first time she applied was in 2009, she was refused. Then there were 2 more refusals,” says Irina, who herself received a green card and has been living in California for the last few years. Her daughter was going to visit her grandparents, who have been US citizens for more than 20 years. She has a family, a job, and bills in Moscow, but this was not enough for the consular workers.

In the end, Irina transferred the property that remained in Russia to her daughter. Irina is sure that her own dacha and car played a decisive role in the fourth interview - and the visa was approved.

But light designer Vladimir Durnov was denied a visa in 2013, and after that he no longer tried to apply. Then, at the invitation of the cultural center of Moscow, he had to travel with a Russian chamber orchestra, Mireille Mathieu and Yevgeny Yevtushenko on a small tour of the cities of the United States and Canada. According to him, he had to advise American workers on the scene how best to expose the light.

The cultural center submitted documents for a B1 business visa for him. Vladimir went to the interview with a colleague. He says: “He seemed to say everything as we were instructed at the cultural center, emphasizing that we would not work in the USA under any circumstances, but would only say what and how to do—relatively, what point to shine the light on.”

The consular officer at the end of the interview said that they do not give a visa to Vladimir.

However, his partner, also the illuminator, who was with him that day at the interview, was given a visa, although the package of documents and the reasons for obtaining a visa were the same - consultations on tours.

Presumption of immigrant

Over the past few years, according to US Department of State statistics, the number of requests for B1 / B2 visas that imply a tourist or business purpose of a trip has been steadily is growing. However until 25% of applicants get rejected.

Any person attempting to obtain a B1 / B2 visa is considered by the consular officer as a potential immigrant. The task of submitting a visa is to prove the opposite.

Therefore, in addition to the standard package of documents, which asks for an American embassy (letter of appointment of the interview, confirmation of filling in the DS-160 application form, photo, passport and payment confirmation).

You can bring an interview with you.:

  1. Documents on financial solvency: tax payments, documents confirming the existence of property (flat, car, cottage) or your business (share in it), shares and other assets. Students should prepare monthly bank statements or deposit contribution documents.
  2. Certificate of employment stating the position, salary, length of service in the organization, coordination of leave or the purpose of a business trip, as well as a guarantee from the employer that you have a job at the time of absence.
  3. Students should get a certificate that at the moment you are still studying in high school.
  4. If you are going to relatives who are permanently residing in the United States, then, in addition to the letter of invitation, it is good to have a copy of the document on the status of this person (green card, certificate of naturalization, valid nonimmigrant visa).
  5. Old passport, especially if previously entered the United States.

All these documents need to be brought to the interview in person (it is better if these are originals). Send something by fax, by e-mail or regular mail will not work.

However, even the presence of a full package of documents does not guarantee a visa. The reasons for the refusals by which consular officers are guided are specified in the Immigration and Citizenship Act. They are usually explained in a letter that is given to a visa applicant.

The most common cause of failure is the 214 section (b). Simply put, the embassy suspects that you will not return from the States, because you can not prove close ties with their homeland.

The last are those circumstances that will force you to return home: family, work, real estate.

How to get approval after refusal

After refusing a visa, you have the right to reapply to the embassy at any time. However, you will have to reassemble the entire package of documents and pay the consular fee. At the same time, the embassy expects to receive information from you that was not provided for the first time, or they want to see that your situation was named in some way after the last application for a visa.

What can be done in this case:

1. It is worth analyzing your financial viability. The laws and written recommendations do not indicate that the person applying for a visa must have a certain income. But in practice, a consular officer can figure out how much your salary is enough for entertainment in the United States. When it appears to the applicant that the job certificate indicating the position is an insufficient amount (most often, if the income is less than $ 1000), then you can provide a bank statement. If your own finances do not cover a trip to the USA, then in this case it is worth taking a letter from the sponsor (relative, friends, employer) for an interview in which he undertakes to pay all expenses.

2. Your tourist background will be a significant argument for the consul when issuing a visa. If the applicant’s passport contains notes about visiting many countries, this characterizes him as a person who always returns home. Samara resident Svetlana Mironova just hopes that she will be able to get a US visa for the second time by showing a passport with a wide geography of travel. She first applied in 2013 and was rejected. “I was 29 years old at the time, had a job with a salary of almost $1000, no husband, children and property. I have working parents, and I could not refer to their infirmity, which guarantees my return. The passport contained notes about visiting Turkey, Egypt, and several Schengen countries,” shares Svetlana. Since then, the situation has changed: the woman has significantly advanced her career, purchased an apartment and was able to visit not only Europe, but also Australia and New Zealand.

3. If the previous visit to the consulate used an invitation from friends or relatives who are US citizens or holders of a green card, then you should pay close attention to it. At a minimum, the paper should be written in competent English. For the visit it is worth pointing out a weighty reason. For example, consular officials attend religious events (weddings, baptisms, bar mitzvahs) very respected. If relatives go to give birth to a child, it is not recommended to indicate that they will help the young mother. This can be interpreted as work (all of a sudden you will be paid for care), which is prohibited on a B1 / B2 visa.

4. You can gain “political weight” by turning to US elected officials for help. For example, California resident Olga Salakhutdinova believes that it was a legally correct document and a letter to the senator that helped her mother get a visa after two refusals.

“My ex-husband is a lawyer. In the Yellow Pages directory, he found the contacts of a senator from our state and wrote him a letter asking for help. I think it’s important to note that this letter was legally drafted and explained why it was very necessary for my mother to come for the birth of our son,” says Olga.

Together with Olga's mother, their friend, who was also a lawyer, went to the consulate. He helped lucidly explain to the consular officer why a woman was traveling at the invitation of her daughter.

5. You can change the type of visa for which you are going to visit America. For example, try to get a student visa like F1 to study and improve English. To do this, you should find a language school or language courses at a college or university, pay tuition and get an I-20 form that allows you to apply for an F visa. faculty, if they get a second degree), that they need perfect English for work (study).

6. If the student was denied a visa, then it is worth waiting for admission to a higher educational institution. This is considered a closer relationship with the homeland.

7. If you have elderly parents, you can get help from a doctor that they need care.

8. It is worth thinking about changing your marital status. If you live in a civil marriage, then you can safely indicate your partner as your spouse. Consular officials have a positive attitude towards any form of partnership - both official and unofficial.

9. If there is no one to change your matrimonial status yet, you can resort to another life hack - gently inform the officer that your pets (cats, dogs, crocodile) are waiting for you at home. This, of course, is the weakest argument, but here you can rely on luck and the officer’s love for his smaller brothers.

10. Behave yourself as relaxed and relaxed as possible during the interview. Consular officials may regard excessive nervousness and anxiety as the fact that you are trying to hide some information.

However, none of the above will give you an 100-percent guarantee for visa approval. Sometimes, with the same set of documents and life circumstances, consular officials take completely opposite decisions.

Delayed visa

The parents of Denis Lutin, a professor of mathematics, prepared for a long time to visit their son in California. In Denis’s 10 years of life in America, this was their first visit. My mother, a candidate of technical sciences who works as a teacher at an institute, received approval for a visa immediately on the day of application. My father, a doctor of technical sciences, had to wait longer. According to Denis, the officer at the interview did not immediately approve the B1/B2 visa, but did not refuse either, but asked to send a resume and a list of scientific works by email. “An administrative check was carried out against my father,” explains Denis. “After 2 months he was given a visa for a year.”

Administrative verification is a special procedure whereby a visa officer needs additional data.

Most often, the applicant is given a letter stating Section 221(g) of the Immigration Act, which means “not completing the application completely or requiring additional documentation,” and is asked to send his resume in English to the email address provided by the consular officer.

The data provided is subject to internal verification.

It is not 100% possible to know in advance whether this section will be applied, but in relation to technical specialists such checks happen more often. The “verified” categories include: employees of scientific and production enterprises, research institutes, the defense industry, doctors of science in nuclear/quantum physics, nuclear and electric power engineering, biomedicine, and chemistry. You can increase your chances of getting a visa if you immediately prepare a resume in English and a list of scientific publications, if any, and take them with you to the interview at the consulate.

Other causes of failures

The most serious, but also the rarest for potential tourists, reason for visa denial is Section 212(a) - “class of aliens ineligible for visas and entry into the United States.” If there is a link to this particular point, it means that the decision was made not by the consular officer, but by the Department of National Security. There can be many reasons for receiving such a black mark: committing serious crimes, connections with terrorist organizations, violation of immigration laws, etc.

However, if the need to visit the United States is great, you can try to ask permission to enter as an exception.

Application form I-601 filed directly with the Department of National Security. It is necessary to explain in detail and convincingly why you can count on an exception to the rules, although you have 212 (a) in the reasons for the refusal.

In this case, it is better to seek help from immigration lawyers. The cost of a “case” (that is, conducting a client’s case) depends on the type of refusal and the complexity of the appeal. On average, an initial consultation costs $100-200, and the full price of a lawyer can reach tens of thousands of dollars.

Read also on ForumDaily:

The main reasons for refusing a US visa

The United States may limit the issuance of visas for grooms and brides

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