Immigration INFO: Immigration News For Our Community

Oct 19, 2014 News

By Attorney Gail S. Seeram,
[email protected]

Through this “Question & Answer” column, our goal is to answer your immigration questions. We appreciate your comments and questions. If you have a question that you would like answered in this column, please email: [email protected].

Question #1: I have been scheduled for a visa appointment, but to my understanding all paper work and payments were done for my son who they now claimed has aged out. Can you please explain to me how this works or if there is any alternative?
Answer #1: If the visa is available, then an analysis under the Child Status Protection Act (CSPA) would need to be conducted to determine if your son’s age can be recomputed based on the waiting time between when the I-130 was submitted and when it was approved. Note, this analysis and claiming eligibility for a visa under CSPA must be done within one year of the visa becoming available.

Question #2: This month is my sister’s fourth year as a permanent resident and green card holder. Can she sponsor my two younger sisters before the end of the year?
Answer #2: Your sister would have to apply for U.S. citizenship and become a U.S. citizen before she is eligible to petition for a sister or brother.

Question #3: I tried to enter the U.S. with a fake USA passport 23 years ago. I was caught and was sent back to Guyana. Soon after, I decided to go to the United Kingdom. I am a law-abiding U.K. citizen with a British passport. I applied to visit my parents who are U.S. citizens and was denied a visitor visa due to my violation. How can you help?
Answer #3: It seems that the U.S. is denying you a visitor visa based on past fraudulent misrepresentation to gain entry into the U.S. (using a fake or photo switch passport to enter the U.S.) and false claim to U.S. citizenship (by using a fake U.S. passport). These are grounds to deny a visitor visa and immigrant visa. Unfortunately, there is no waiver available.

Question #4: I tried to enter the United States illegally six years ago. I was caught up in Aruba. I was using a U.S. citizen’s passport, which was reported as stolen. They took my photos and my biographic data and I was sent back to Guyana. I was not formally charged with anything by the US government. Recently I tried to obtain a visa legally and was denied. My question is if I will ever be allowed to enter the US?
Answer #4: Same answer as Question #3.

************

Top Ten Reasons for Tourist Visa (B-1/B-2) Denials

The most common and frequent emails I receive from my readers describe the situation of applying for a tourist visa (B-1/B-2) and receiving a denial. Most of my readers are disappointed and often seek out a reason for the denial, since the standard denial form from the U.S. Embassy does not provide a sufficient explanation.
Well, the following are the top ten reasons for denial of a tourist visa (B-1/B-2) application.

1.   Criminal or Drug Activity – The applicant may be denied if he/she has ever been arrested and convicted (or not convicted) for a crime committed anywhere in the world. Even if not convicted for the crime, the arrest alone may be enough for the U.S. Embassy to deny the B-1/B-2 application.
2.   Unlawful Presence in the U.S. – The applicant may be denied if he/she was ever in the U.S. illegally or entered with a non-immigrant visa (such as B-1/B-2 tourist visa, F-1 student visa, O, P, M visas, etc.) and overstayed in the U.S.
3.   Pending Family or Employment Petition – The applicant may be denied if he/she has a pending Form I-130 or Form I-140 filed and is seeking permanent resident status in the U.S. It is enough that the petition was filed. Even though the immigrant visa (under the Form I-130 or Form I-140) is not available, the U.S. Embassy can still deny the B-1/B-2 tourist visa application.
4.   Incomplete Application or Lack Supporting Documents – The applicant may be denied if he/she did not provide a required document or lacks supporting documentation. Supporting documentation should prove the applicant’s intent to return to his native country and should include employment verification, property ties to native country such as house deed or business licence, family ties in native country such as marriage certificate and children’s birth certificates, and financial ties to native country such as bank account statement and investments in the native country.
5.   Immigrant Intent – The applicant may be denied if he/she has immediate relatives (spouse, parent, child) already living in the U.S. as a permanent resident, and the U.S. Embassy believes the applicant has intent to migrate to the U.S.
6.   Fraud & Misrepresentation – The applicant may be denied if he/she (past or present) ever presented a fraudulent document to U.S. immigration officials or ever lied to U.S. immigration officials in an attempt to gain entry into the U.S. or gain an immigration benefit.
7.   Past Removal/Deportation – The applicant may be denied if he/she was deported or removed from the U.S. and still has a ban pending from returning to the U.S.
8.   Public Charge/Lack of Financial Support in U.S. – The applicant may be denied if he/she failed to demonstrate adequate financial support during a temporary stay in the U.S. The applicant has to prove that he will not become a public charge on the U.S. government once admitted to the U.S.
9.   Security Related Issues – The applicant may be denied if he/she poses a threat to the U.S., such as engaging in terrorist activity, spying, or intent to overthrow the U.S. government. The consular officer simply has to have reasonable grounds to believe the applicant will engage in such activity.
10.   Smuggler – The applicant may be denied if he/she at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of the law.