B1 visa refusal - does it create problem for future visa application
#1
Guest
Posts: n/a
Hi My B1 visa was denied twice last year. I have to apply for an H4 visa now. Will
earlier B1 refusal create a problem with the current H4 application Thanks
earlier B1 refusal create a problem with the current H4 application Thanks
#2
Guest
Posts: n/a
Henna Kapoor wrote:
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>
It depends on why you were refused. Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
>
>
It depends on why you were refused. Alvena
===
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
===
K-1 FAQ: http://www.k1faq.com Timelines: http://www.wkh.org/ A great K-1 Site:
http://pages.prodigy.net/alixtcat/immigrat.htm Marriage Visa Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
===
#3
Guest
Posts: n/a
Thanks for your mail. they refused the visa under section 214(b) - there is no
additonal documentation accept the stamp on the passport if you need additional info,
please let me know Thanks [email protected] (Henna Kapoor)
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>
additonal documentation accept the stamp on the passport if you need additional info,
please let me know Thanks [email protected] (Henna Kapoor)
>
>
#4
Guest
Posts: n/a
Henna Kapoor wrote:
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[usenetquote2]> > My B1 visa was denied twice last year. I have to apply for an H4 visa now. Will[/usenetquote2]
[usenetquote2]> > earlier B1 refusal create a problem with the current H4 application[/usenetquote2]
INA 214(b) is the provision about immigrant intent, available through
http://www.ins.usdoj.gov/graphics/lawsregs/INA.htm. Here it
is:
_______
(j) Every alien (other than a nonimmigrant described in subparagraph (H)(i) or (L) of
section 101(a)(15)) shall be presumed to be an immigrant until he establishes to
the satisfaction of the consular officer, at the time of application for a visa,
and the immigration officers, at the time of application for admission, that he
is entitled to a nonimmigrant status under section 101(a)(15). An alien who is an
officer or employee of any foreign government or of any international
organization entitled to enjoy privileges, exemptions, and immunities under the
International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who
is the attendant, servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an immigrant visa, or to
enter the United States as an immigrant unless he executes a written waiver in
the same form and substance as is prescribed by section 247(b) .
____
Since an H-4 visa application (for a dependent of an H-1B holder) cannot be denied
based on 214(b), you will most probably be successful.
>
>
>
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[usenetquote2]> > My B1 visa was denied twice last year. I have to apply for an H4 visa now. Will[/usenetquote2]
[usenetquote2]> > earlier B1 refusal create a problem with the current H4 application[/usenetquote2]
INA 214(b) is the provision about immigrant intent, available through
http://www.ins.usdoj.gov/graphics/lawsregs/INA.htm. Here it
is:
_______
(j) Every alien (other than a nonimmigrant described in subparagraph (H)(i) or (L) of
section 101(a)(15)) shall be presumed to be an immigrant until he establishes to
the satisfaction of the consular officer, at the time of application for a visa,
and the immigration officers, at the time of application for admission, that he
is entitled to a nonimmigrant status under section 101(a)(15). An alien who is an
officer or employee of any foreign government or of any international
organization entitled to enjoy privileges, exemptions, and immunities under the
International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who
is the attendant, servant, employee, or member of the immediate family of any
such alien shall not be entitled to apply for or receive an immigrant visa, or to
enter the United States as an immigrant unless he executes a written waiver in
the same form and substance as is prescribed by section 247(b) .
____
Since an H-4 visa application (for a dependent of an H-1B holder) cannot be denied
based on 214(b), you will most probably be successful.
#5
Just Joined
Joined: Oct 2003
Posts: 1
Re:
Can you let us know whether you could apply for H4 and did you get it. If so, did they ask about the previous visa refusals in your H4 interview and which consulate do you belong to. Your answer would be great help.. Preeti
#6
Guest
Posts: n/a
Re: B1 visa refusal - does it create problem for future visa application
It depends on the reason for the denial. The most frequent reason -
suspected immigration intent - is usually not a problem because most H-4s
allow immigration intent.
On Wed, 15 Oct 2003 06:20:16 +0000, preetiygupta wrote:
> Can you let us know whether you could apply for H4 and did you get it.
> If so, did they ask about the previous visa refusals in your H4
> interview and which consulate do you belong to. Your answer would be
> great help.. Preeti
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suspected immigration intent - is usually not a problem because most H-4s
allow immigration intent.
On Wed, 15 Oct 2003 06:20:16 +0000, preetiygupta wrote:
> Can you let us know whether you could apply for H4 and did you get it.
> If so, did they ask about the previous visa refusals in your H4
> interview and which consulate do you belong to. Your answer would be
> great help.. Preeti
--
When responding to posts, please remember to post through alt.visa.us; do
not respond through BritishExpats.com. For more information, please see
http://www.kkeane.com/general-faq.shtml.
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.