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Visitor Visa Rejection And Next Steps For B & H1

Discussion in 'Nonimmigrant Visa Applications Generally' started by piyu7444, Sep 20, 2015.

  1. piyu7444

    piyu7444 Senior Member

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    Hello Ron

    My younger brother has applied for US Visitor Visa twice and has been rejected. I am a permanent resident and my sister is a US Citizen. The first time he applied was in 2009 when he was single and had a job in India. He was told that "Currently we are not giving visa to people of your age group" and was handed over a generic FAQ document.

    In 2014 he applied to visit USA to attend the Youth peace ambassador program which is run by the American University of Sovereign Nations. He was told that " "You don't seem to have any experience/qualification to be going to attend the Youth Peace Ambassador program"

    We really want him to visit us on a visitor visa (my family and my sister's family) so what is the best way to approach this? Shall my sister send letter of invitation and send some sort of communication that we will ensure that he returns after his trip around thanksgiving/xmas?

    Also he had applied for a h1b visa through a US firm in 2012 which was approved but he never tried to come here to work so did not try to get stamping. Now I have a thought that he shall come and visit us this year (assuming he gets the visa) and then next year apply for h1b so he can come here and work and be unite the family. For the h1b will he be counted in quota or he can apply anytime as he had an approved petition which we never used?

    Thank you

    PS: My two questions are in bold.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He is likely going to be considered as someone who will use a B visa to get into the country and then change status to something else. Unless and until he can overcome that presumption, he is not going to get a B visa.
     
  3. piyu7444

    piyu7444 Senior Member

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    So how to overcome that presumption? Also applying for h1b and coming to work irrespective of B1 visa outcome is a good or bad idea?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If he has a good job overseas, and can verify that, a letter from his employer giving him vacation time off might work.
     
  5. piyu7444

    piyu7444 Senior Member

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    Thank you Ron. Would you suggest to get legal help to prepare for this? If that's the case I will reach out your office.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't think that you need legal help. Just be honest and forthright with them.
     
  7. piyu7444

    piyu7444 Senior Member

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    Hi Ron

    My brother will apply for Visitor Visa along with his spouse. Both live in UAE and have jobs. My sister is a US Citizen and I am a perm resident. Shall one of us sponsor him for his visitor visa application or just let him self-sponsor (along with his employers letter stating vacation)?

    Thanks
     
  8. piyu7444

    piyu7444 Senior Member

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    Ron - Please respond.
     
  9. Prak patel

    Prak patel New Member

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    Hi Ron,

    I am here in USA with my wife on H1B visa since 2011.My parents applied visitor visa for 3 times and every time they got rejection. I even tried with Letter of Support from senator, but still no success. I think every time they (Visa officers) just refer the previous decision while making decision for current application. Now I am ran out of options. I don't have any idea to improve my parents visa application. Any suggestion from you is appreciable.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    There is no "sponsorship" for a visitor's visa.
     

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