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Old Apr 21st 2012, 11:54 am   #1
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Default B1/B2 denial, what are chances of C-1 visa approval?

My husband has been denied the B1/B2 visa. He seems to have a black mark against his name (hence ESTA denial also), with no reason given at his consular interview. They grilled him on whether he has ever done anything wrong, just to dig for a reason to deny the visa, to which he admitted to something he did 28 years ago under the age of 18. He was then denied the visa under section 212(a)(2)(A)(i)(I) "Which prohibits the issuance of a visa to anyone who admits to or has been convicted of a crime involving moral turpitude."
By the way, we are British nationals with Australian citizenship. Since the interview, we have discovered we have his clean/clear uk police certificate required for our citizenship application, "no trace" - the cleanest category. He has emailed this back to them using the post-interview feedback form, and will call on Monday to see what will happen next in the process. We have flights booked for a two week holiday departing May 19th (for a wedding and to meet his parents in New York travelling from the UK who would love to see their 18 month old grand-daughter again).
He overstayed his visa by more than a year 14 years ago and has since never made any visa applications or been inclined to travel to or through the states. He has never been denied a visa before or entry or exit, but had a hard time being grilled at the airport customs on one trip. He thought they might have known about his overstay this prior to his interview or ask him about it. It has been more than 10 years now so the bar would have lifted, but still his name has the unknown black mark.
Would anyone be able to advise whether there can be any change in their incorrect decision for this tourist visa application? Would he stand a better chance during a second tourist visa application with evidence to discount their previous decision (which he should have been exempt as he was under 18) and offering his overstay reason for being previously denied (though without any proof as he has no passport dating back then and no FOI movement records)? He has one past passport which would substantiate that there has been no travel to the states for ten years. He has Australian movement records showing he has been lawfully in and out of Australia for almost ten years. Or would they still be looking for a reason for the black mark and therefore still defer the process to the 4 month waiver of ineligibility? In which case, what are his chances of being approved for a transit visa (x2, for travel in both directions as our flights are in and out of San Fran) and we all detour to meet in Canada instead?
Any help or advice in this particular case or any past experience of having unknown black marks would be greatly appreciated. Have been searching forums for any similar cases, but most denials seem to have solid grounds. We are in the dark about the process and our best course of action - re-apply for B1/B2? If at a second interview you are told no again for tourist visa, can they decide then and there to approve you for C-1 if you ask, or does this then have to be a new application?
Thanks.
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Old Apr 21st 2012, 12:13 pm   #2
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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Originally Posted by bungled View Post
My husband has been denied the B1/B2 visa. He seems to have a black mark against his name (hence ESTA denial also), with no reason given at his consular interview. They grilled him on whether he has ever done anything wrong, just to dig for a reason to deny the visa, to which he admitted to something he did 28 years ago under the age of 18.
What is the "something" he admitted to?
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Old Apr 21st 2012, 12:16 pm   #3
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

He was caught for stealing money from work, reported to police, in a cell overnight and bailed out the next day.
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Old Apr 21st 2012, 12:23 pm   #4
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

One final question - would he need a transit visa if he does not need to pass border control during a stopover in San Francisco, if we manage to incorporate connecting flights onto our tickets where baggage automatically gets diverted (ie. not needing to check-in again)?
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Old Apr 21st 2012, 12:32 pm   #5
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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One final question - would he need a transit visa if he does not need to pass border control during a stopover in San Francisco, if we manage to incorporate connecting flights onto our tickets where baggage automatically gets diverted (ie. not needing to check-in again)?
Yes a transit visa is still needed.

Also, did they not recommend him for a waiver of ineligibility after denying him the B visa?

Last edited by materialcontroller; Apr 21st 2012 at 12:35 pm. Reason: Waiver question
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Old Apr 21st 2012, 12:36 pm   #6
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

Wow, thanks, that's incredible. And how do you rate chances of approval considering that they don't seem to have a clue why they need to deny him entry?
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Old Apr 21st 2012, 12:39 pm   #7
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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Wow, thanks, that's incredible. And how do you rate chances of approval considering that they don't seem to have a clue why they need to deny him entry?
Sorry but they have given you the grounds for denying him the visa. So you saying they don't have a clue is actually incorrect.
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Old Apr 21st 2012, 12:55 pm   #8
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

Agreed, they grilled him for a reason after the fact of somehow being alerted by the computer that there is a problem associated with his name, which they are not able to give a reason for. So far I understand that if he was under 18 at the time, he would be exempt. And despite that, he has no criminal record or has ever been convicted of a crime, he was just being honest in the interview about something that did not amount to a record, trying to give them the reason that they were fishing for that he assumed would have been inconsequential.
Are they known to reassess their decisions after the fact, or re-interview, if we can prove the decision wrong?
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Old Apr 21st 2012, 1:08 pm   #9
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

The "black mark" is obviously due to his overstaying in the US by more than a year.
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Old Apr 21st 2012, 1:11 pm   #10
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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Agreed, they grilled him for a reason after the fact of somehow being alerted by the computer that there is a problem associated with his name, which they are not able to give a reason for. So far I understand that if he was under 18 at the time, he would be exempt. And despite that, he has no criminal record or has ever been convicted of a crime, he was just being honest in the interview about something that did not amount to a record, trying to give them the reason that they were fishing for that he assumed would have been inconsequential.
Are they known to reassess their decisions after the fact, or re-interview, if we can prove the decision wrong?
I'm actually confused by some of the info you've given. In your first post you said "Since the interview, we have discovered we have his clean/clear uk police certificate required for our citizenship application, "no trace" - the cleanest category".

Normally the police certificate is a required part of any US visa application and must be submitted prior to interview. So why are you claiming to only be aware of it "since the interview"?

Your story, as it stands, doesn't quite add up.
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Old Apr 21st 2012, 1:23 pm   #11
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

He was not required to take the police certificate to the interview for the tourist visa, we certainly were not aware that this would be their line of questioning or asked to bring anything of the sort. I knew we had applied for the certificate in the past and thought it had been sent to the Australian embassy so that we no longer had a copy, unfortunately I only just found it in the cupboard after the interview. This is besides the point, isn't it, we now know we have it to hand. I would have looked harder had he been requested to bring it.
All advice we read about the tourist visa application suggests that they will assume you will overstay and to have evidence of your ties to your home country etc. We also assumed they would know the reason for his ESTA denial prior to the interview rather than be going looking for one.
Sorry, I'm really trying to be clear and concise here, and appreciate all the advice we can get.
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Old Apr 21st 2012, 1:34 pm   #12
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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He was not required to take the police certificate to the interview for the tourist visa, we certainly were not aware that this would be their line of questioning or asked to bring anything of the sort. I knew we had applied for the certificate in the past and thought it had been sent to the Australian embassy so that we no longer had a copy, unfortunately I only just found it in the cupboard after the interview. This is besides the point, isn't it, we now know we have it to hand. I would have looked harder had he been requested to bring it.
All advice we read about the tourist visa application suggests that they will assume you will overstay and to have evidence of your ties to your home country etc. We also assumed they would know the reason for his ESTA denial prior to the interview rather than be going looking for one.
Sorry, I'm really trying to be clear and concise here, and appreciate all the advice we can get.
So if I understand you correctly. Your husband was denied an ESTA. Did he declare his arrest as part of that application?

Now what about the B visa application. Did he declare the arrest on the application? Or did he only admit it in the interview when, in your own words, "They grilled him on whether he has ever done anything wrong, just to dig for a reason to deny the visa"? And if he didn't declare the arrest on the visa application, why not?
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Old Apr 21st 2012, 3:19 pm   #13
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

I am no longer in practice. In reviewing the posts, it is necessary to parse out the factual and the editorial statements.

The reasons for the denials are quite obvious -- OP just doesn't like them.

Comment: the US does not have transit without inspection. The Immigration & Nationality Act does have a category called "Transit Without Visa" [aka "TWOV"]. However, in the wake of "9-11" TWOV privileges were withdrawn for nationals of Australia and the UK, among others.

Here is a complete list of the nationalities now allowed TWOV privileges:
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Old Apr 21st 2012, 4:09 pm   #14
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

The lack of a criminal ineligibility allows them to issue a visa without a waiver.

An overstay bar that has expired allows them to issue a visa without a waiver.

Nothing requries them to issue the visa. The consular officer makes the decision at his or her discretion. Even if the official agrees that the criminal ground doesn't apply, he can still deny the application for failure to overcome the presumption of immigrant intent.

The prior overstay, and the person's lost credibility when he previously overstayed and incorrectly answered "No" to the arrest question on the application gives them a golden opportunity to claim it calls each and every response on the application into question.

They have to believe the applicant is going to comply with the terms of the visa classification if granted. They often rely on the applicant's word that they will comply. The problem is that they may not believe this applicant's word is worth very much and probably don't like it when people misrepresent themselves on the application.
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Old Apr 21st 2012, 4:17 pm   #15
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Default Re: B1/B2 denial, what are chances of C-1 visa approval?

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He seems to have a black mark against his name (hence ESTA denial also)
Why was ESTA denied?

Quote:
with no reason given at his consular interview.

He was then denied the visa under section 212(a)(2)(A)(i)(I) "Which prohibits the issuance of a visa to anyone who admits to or has been convicted of a crime involving moral turpitude."
First you say no reason given for the denial....then you post the reason. So the reason WAS given.

Maybe you can change your tickets to bypass the USA and fly directly to Canada.

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