US consulate's policy and Canada Immigration Interview
Dec 10th 2001, 3:38 pm
#1
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
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.
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.
Dec 10th 2001, 4:26 pm
#2
Guest
Posts: n/a
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
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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
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Dec 10th 2001, 6:27 pm
#3
Guest
Posts: n/a
This is a long standing policy of USINS. There is nothing you can do about it
unfortunately. Jim Humphries
jaihanumanjee wrote:
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unfortunately. Jim Humphries
jaihanumanjee wrote:
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Dec 10th 2001, 6:47 pm
#4
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
reply to conrad
I am not immigrating to US,,,,but to canada...so how can consulate assume am a potential immigrant to usa
Dec 10th 2001, 7:03 pm
#5
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
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.
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.
Dec 10th 2001, 7:08 pm
#6
Guest
Posts: n/a
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
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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
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Dec 10th 2001, 9:16 pm
#7
Guest
Posts: n/a
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.
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.
Dec 10th 2001, 9:34 pm
#8
Guest
Posts: n/a
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:
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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:
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Dec 10th 2001, 9:35 pm
#9
Guest
Posts: n/a
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:
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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:
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Dec 11th 2001, 3:20 am
#10
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
reply to conrad
Yes I understand it now.Thanks.
What about getting a vistor visa for attending a confrence
in US?
What about getting a vistor visa for attending a confrence
in US?
Dec 11th 2001, 11:36 am
#11
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
Thanks hello All
Thnks Hello all for ur encouraging email.Btw are you hindu?
Dec 11th 2001, 11:55 am
#12
Forum Regular
Thread Starter
Joined: Oct 2001
Posts: 148
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.
a new company in India.No Green card processing for me by my employer.
Dec 15th 2001, 2:43 am
#13
Guest
Posts: n/a
What is with this Conrad guy??????? Is he just plain rude or it is me??
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[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]
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potential
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stepping
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[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]
Dec 15th 2001, 6:30 pm
#14
Guest
Posts: n/a
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]
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]
Dec 15th 2001, 10:40 pm
#15
Guest
Posts: n/a
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?
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[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]
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]