I am really surprised that US consulate rejects the visitor visa for Interview purpose.I am very disappointed now because of this new development.I am enclosing the mail I got from US state govt regarding Visitor visa.Since I am immigrating my ties with "India" are not strong and am abandoning my "residence" there, my visa may be refused from India.Is the only option is to transfer my file from
Buffalo to New Delhi? with regards US VISA <[email protected]> wrote: A temporary visitor for pleasure or business must establish that he or she: has a residence abroad which he or she does not intend to abandon; is coming to the U.S. for a definite temporary period; will depart upon the conclusion of the visit; has permission to enter a foreign area after his or her stay in the U.S; and has access to sufficient funds to cover expenses of the visit and return passage. |
Why are you surprized? The US immigration law is crystal clear about requirements to
be met in order to get visitor visa. As your intentions are to abandon your country of residence and you already declared that you are a potential immigrant then US visitor visa must be refused by law. So, if you will be required to attend the interview (and you will if you applied from India) then your only solution will be to transfer files to the Canadian visa post where you can attend the interview. You will waste all the processing time in Buffalo as after transfer your case will start from the scratch. This is a well known penalty for "fastest visa post" shoppers. Conrad A temporary visitor for pleasure or > > > > > > > > |
This is a long standing policy of USINS. There is nothing you can do about it
unfortunately. Jim Humphries jaihanumanjee wrote: > > > > > > > > > > > > > > > > > |
reply to conrad
I am not immigrating to US,,,,but to canada...so how can consulate assume am a potential immigrant to usa
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reply to conrad
<<<Why are you surprized? The US immigration law is crystal clear about requirements to
be met in order to get visitor visa. As your intentions are to abandon your country of residence and you already declared that you are a potential immigrant then US visitor visa must be refused by law.>>> WHERE HAVE I SAID AM IMMIGRATING TO US?REREAD MY POST. <<<<So, if you will be required to attend the interview (and you will if you applied from India) then your only solution will be to transfer files to the Canadian visa post where you can attend the interview. You will waste all the processing time in Buffalo as after transfer your case will start from the scratch. This is a well known penalty for "fastest visa post" shoppers. >>>>>>>> I APPLIED FROM BUFFALO WHILE WORKING IN US AS A SOFTWARE CONSULTANT. |
You don't get it, do you?
It is your intention to emigrate from your country what makes you potential immigrant, regardless where you officially claim you want to move. Also note that a huge number of Indians (and not only them) are using Canada as a stepping stone to US, so Americans simply treat them as a high immigration risk and refuse visitor visas. Nothing you can do about it. Conrad > > > > > |
Yes, but you are applying for a Visitor's visa to the ***U.S.A*** and not Canada. You
will be presumed to be an intending immigrant until proven otherwise. The proof lies in establishing to the satisfaction of the U.S consular officer, that you intend to return to India (it is a moot point that you have immigrant intent to Canada and not US) which you clearly are not, since you intended to immigrate to Canada. What happens if your Canadian interview does not go well ... The US officer could also think you may find other shortcuts to remain in the U.S. I know of a lot of people with India who tried to apply for a visitors visa with very significant ties to India (like leaving behind a wife/child) during thier short trip overseas ...But were refused. That's how it goes man. Burden of proof is on you. Good Luck .. I sincerely hope you get your Visa. |
I believe you are getting ahead of yourself. What you have read is the general policy
and therefore is not necessary that it would apply to you. Till you get visitor visa rejected by the USA, you have no reason to act preemptively, unless there are other compelling circumstances. First of all, you had applied for Canadian Immigration while you were residing in the USA. As a law abiding person, you returned to India even though you could have become an illegal alien by being of out of status. You chose to not to do that. That should work in your favour. US and Canadian Immigration Laws presume a visitor visa applicant to be a potential immigrant and it is the responsibility of the applicant to prove otherwise. What better proof could one provide than what you have done. In my few interactions with US and Canadian Immigration officials, I have realized that they recognize honesty and openness. You must be able to present a strong and effective case to the consular official. That is the key. If you have taken up a job in India, that is your next positive point. What would cause a bigger problem for you is something else. If your employer ever applied for labor certification, you would have to say 'Yes' in the visa application. Never lie to an government official, let alone a Visa Officer. Remember H1B and B2 visa applications are evaluated under different classifications and your saying 'Yes' for the labor certification question might preclude the consular from issuing a B2 Visa to you. Even if the visa officer understands your position, the law might make such a preclusion mandatory. Please ask your friends in the USA to discuss this with an immigration lawyer, if possible. That might help. If your previous employer rescinded the labor certification application, you could provide evidence that you have nothing going on in the USA. On a philosophical note, you can not control every thing in this world. If something is not meant to be, no matter how hard you try, how upset you become, the outcome can not be changed. As someone else told me, "Keep smiling. It could have been worse". Have you received a letter about interview from Buffalo? Good Luck and pray to bajrangbali! Hello All. Disclaimer: I am NEITHER an immigration lawyer NOR a consultant. This is NOT professional advice and all decisions are your responsibility. jaihanumanjee wrote: > > > > > > > > > > > > > > > > |
I believe you are getting ahead of yourself. What you have read is the general policy
and therefore is not necessary that it would apply to you. Till you get visitor visa rejected by the USA, you have no reason to act preemptively, unless there are other compelling circumstances. First of all, you had applied for Canadian Immigration while you were residing in the USA. As a law abiding person, you returned to India even though you could have become an illegal alien by being of out of status. You chose to not to do that. That should work in your favour. US and Canadian Immigration Laws presume a visitor visa applicant to be a potential immigrant and it is the responsibility of the applicant to prove otherwise. What better proof could one provide than what you have done. In my few interactions with US and Canadian Immigration officials, I have realized that they recognize honesty and openness. You must be able to present a strong and effective case to the consular official. That is the key. If you have taken up a job in India, that is your next positive point. What would cause a bigger problem for you is something else. If your employer ever applied for labor certification, you would have to say 'Yes' in the visa application. Never lie to an government official, let alone a Visa Officer. Remember H1B and B2 visa applications are evaluated under different classifications and your saying 'Yes' for the labor certification question might preclude the consular from issuing a B2 Visa to you. Even if the visa officer understands your position, the law might make such a preclusion mandatory. Please ask your friends in the USA to discuss this with an immigration lawyer, if possible. That might help. If your previous employer rescinded the labor certification application, you could provide evidence that you have nothing going on in the USA. On a philosophical note, you can not control every thing in this world. If something is not meant to be, no matter how hard you try, how upset you become, the outcome can not be changed. As someone else told me, "Keep smiling. It could have been worse". Have you received a letter about interview from Buffalo? Good Luck and pray to bajrangbali! Hello All. Disclaimer: I am NEITHER an immigration lawyer NOR a consultant. This is NOT professional advice and all decisions are your responsibility. jaihanumanjee wrote: > > > > > > > > > > > > > > > > |
reply to conrad
Yes I understand it now.Thanks.
What about getting a vistor visa for attending a confrence in US? |
Thanks hello All
Thnks Hello all for ur encouraging email.Btw are you hindu?
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Reply to Hello All
I worked on h1b before I got terminated but I have joined
a new company in India.No Green card processing for me by my employer. |
What is with this Conrad guy??????? Is he just plain rude or it is me??
> > > potential > note > stepping > > > > > > [usenetquote2]> >[/usenetquote2] [usenetquote2]> >I am not immigrating to US,,,,but to canada...so how can consulate assume am a[/usenetquote2] [usenetquote2]> >potential immigrant to usa[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >--[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] |
It's just you.
Conrad in message [usenetquote2]>> You don't get it, do you?[/usenetquote2] [usenetquote2]>>[/usenetquote2] [usenetquote2]>> It is your intention to emigrate from your country what makes you[/usenetquote2] > [usenetquote2]>> immigrant, regardless where you officially claim you want to move. Also[/usenetquote2] > [usenetquote2]>> that a huge number of Indians (and not only them) are using Canada as a[/usenetquote2] > [usenetquote2]>> stone to US, so Americans simply treat them as a high immigration risk and refuse[/usenetquote2] [usenetquote2]>> visitor visas. Nothing you can do about it.[/usenetquote2] [usenetquote2]>>[/usenetquote2] [usenetquote2]>> Conrad[/usenetquote2] [usenetquote2]>>[/usenetquote2] [usenetquote2]>>[/usenetquote2] [usenetquote2]>> >[/usenetquote2] [usenetquote2]>> >I am not immigrating to US,,,,but to canada...so how can consulate assume am a[/usenetquote2] [usenetquote2]>> >potential immigrant to usa[/usenetquote2] [usenetquote2]>> >[/usenetquote2] [usenetquote2]>> >--[/usenetquote2] [usenetquote2]>> >[/usenetquote2] [usenetquote2]>> >[/usenetquote2] [usenetquote2]>>[/usenetquote2] [usenetquote2]>>[/usenetquote2] |
are u sure.......what stepping stone u used to enter USA/CANADA.....oh...I see ...u
were born here that really makes you great... passing jealous judgment... so you did not use any stepping stone to come here... can you just go back 2/3 generations and ask your ancestors from where they came..were they not immigrants? unless you are a native american indian.....do you know basic history? Atleast now to become an independent(excluding family class) immigrant you need to be lot educated compared to 100 years back where anyone can enter here without much education. You don't get it, do you? > > > > > [usenetquote2]> >> You don't get it, do you?[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >> It is your intention to emigrate from your country what makes you[/usenetquote2] [usenetquote2]> >potential[/usenetquote2] [usenetquote2]> >> immigrant, regardless where you officially claim you want to move. Also[/usenetquote2] [usenetquote2]> >note[/usenetquote2] [usenetquote2]> >> that a huge number of Indians (and not only them) are using Canada as a[/usenetquote2] [usenetquote2]> >stepping[/usenetquote2] [usenetquote2]> >> stone to US, so Americans simply treat them as a high immigration risk[/usenetquote2] and [usenetquote2]> >> refuse visitor visas. Nothing you can do about it.[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >> Conrad[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >> >[/usenetquote2] [usenetquote2]> >> >I am not immigrating to US,,,,but to canada...so how can consulate assume am a[/usenetquote2] [usenetquote2]> >> >potential immigrant to usa[/usenetquote2] [usenetquote2]> >> >[/usenetquote2] [usenetquote2]> >> >--[/usenetquote2] [usenetquote2]> >> >[/usenetquote2] [usenetquote2]> >> >[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >>[/usenetquote2] [usenetquote2]> >[/usenetquote2] [usenetquote2]> >[/usenetquote2] |
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