B2 Interview next week, arrest included need help!
#136
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In that case, I'm going to step away from this thread. What's the point of helping you if you're just going to ignore the help you receive?
You probably still think the visa denial is all about your overstay and/or the arrest. It's not... at least, not any more! It's now about your attitude, and the VO will have made a note about that!
In future, I suggest an attitude adjustment during interviews. Good luck to you!
Ian
You probably still think the visa denial is all about your overstay and/or the arrest. It's not... at least, not any more! It's now about your attitude, and the VO will have made a note about that!
In future, I suggest an attitude adjustment during interviews. Good luck to you!
Ian
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#138
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You should have stayed calm and politely pointed out the officer's "error". But you got pissed off and mouthy, now it's backfired on you. Hopefully you will learn from this experience and prepare better for your next attempt at a visa interview. As Ian says, you need to sort out your attitude problem.
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As JEff has pointed out, these kinds of questions are used to catch people out. Not honest people who are telling the truth, but liars and scam artists who are trying to game the system with cock and bull made up stories.
You should have stayed calm and politely pointed out the officer's "error". But you got pissed off and mouthy, now it's backfired on you. Hopefully you will learn from this experience and prepare better for your next attempt at a visa interview. As Ian says, you need to sort out your attitude problem.
You should have stayed calm and politely pointed out the officer's "error". But you got pissed off and mouthy, now it's backfired on you. Hopefully you will learn from this experience and prepare better for your next attempt at a visa interview. As Ian says, you need to sort out your attitude problem.
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If I were interviewing him, I think I'd wonder why someone with no friends or family in the area would want to come for a week to do shopping and see a small number of sights which he doesn't even seem too clear about.
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I dont have friends or family, correct, reason I will rent a car and take as many pics and see places as I can sir!
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I took some time to read this, too bad I did after the interview, altho my purposses are strictly tourism because i'm well established here I did a few things not that well:
As per 9 FAM 41.31:
Factors to be used in determining entitlement to Temporary Visitor Classification are as follows:
- Have a residence in a foreign country, which they do not intend to abandon;
I do have a residence in my country, I own a condo.
- Intend to enter the United States for a period of specifically limited duration
As per my DS-160 I intend to enter the US for a week.
- Seek admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.
Tourism is a legitimate activity, altho after the short interview the VO might think the intent is not that legitimate after all depending on the case.
- If an applicant for a B1/B2 visa fails to meet one or more of the above criteria, you must refuse the applicant under section 214(b) of the INA.
9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for Refusal
Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence.
9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip
The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature
The period I put in the DS-160 is a week, places to visit Los Angeles, San Diego and SFO, I did a pretty well itinerary (honest one as well).
9 FAM 41.31 N3.2 Specific and Realistic Plans
The applicant must have specific and realistic plans for the entire period of the contemplated visit.
I was not asked about my plans, well I probably was when she asked "reason to visit the US" I just said "Tourism" and should have said "Tourism, I want to visit Los Angeles, San Diego, days blah blah blah"...
9 FAM 41.31 N3.4 Ties Abroad
- The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin
I do have a permanent GOV employment (8 years), close family ties (mother, sister, and so on, no wife/kids tho).
- 9 FAM 41.31 N3.5 Doubtful Cases not Resolved by Offer to Leave Dependent Abroad
If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad.
Dont understand that one
FAM 41.31 N4.2 Adequate Funds to Avoid Unlawful Employment
(CT:VISA-701; 02-15-2005)
The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States.
No need to
I guess what was wrong was:
"VO" Do you own a house?
"ME" YES
"VO" Did you buy it?
"ME" Yes
"VO" When?
"ME" No I did not buy it, I got it from my dad who passed away on Christmas
"VO" You told me you were going to visit some friends in California where are they again?
"ME" You probably not hear very well (I dont know the exact phrase I used) I never told you that.
As per 9 FAM 41.31:
Factors to be used in determining entitlement to Temporary Visitor Classification are as follows:
- Have a residence in a foreign country, which they do not intend to abandon;
I do have a residence in my country, I own a condo.
- Intend to enter the United States for a period of specifically limited duration
As per my DS-160 I intend to enter the US for a week.
- Seek admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.
Tourism is a legitimate activity, altho after the short interview the VO might think the intent is not that legitimate after all depending on the case.
- If an applicant for a B1/B2 visa fails to meet one or more of the above criteria, you must refuse the applicant under section 214(b) of the INA.
9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for Refusal
Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence.
9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip
The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature
The period I put in the DS-160 is a week, places to visit Los Angeles, San Diego and SFO, I did a pretty well itinerary (honest one as well).
9 FAM 41.31 N3.2 Specific and Realistic Plans
The applicant must have specific and realistic plans for the entire period of the contemplated visit.
I was not asked about my plans, well I probably was when she asked "reason to visit the US" I just said "Tourism" and should have said "Tourism, I want to visit Los Angeles, San Diego, days blah blah blah"...
9 FAM 41.31 N3.4 Ties Abroad
- The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin
I do have a permanent GOV employment (8 years), close family ties (mother, sister, and so on, no wife/kids tho).
- 9 FAM 41.31 N3.5 Doubtful Cases not Resolved by Offer to Leave Dependent Abroad
If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad.
Dont understand that one
FAM 41.31 N4.2 Adequate Funds to Avoid Unlawful Employment
(CT:VISA-701; 02-15-2005)
The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States.
No need to
I guess what was wrong was:
"VO" Do you own a house?
"ME" YES
"VO" Did you buy it?
"ME" Yes
"VO" When?
"ME" No I did not buy it, I got it from my dad who passed away on Christmas
"VO" You told me you were going to visit some friends in California where are they again?
"ME" You probably not hear very well (I dont know the exact phrase I used) I never told you that.
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#146
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Was probably my DS-160 completed the wrong way?
For the overstay I put:
"2 month overstay on VWP (2001)"
For the criminal charges:
"2005 - I have been allegedly charged for carrying a firearm, the charges were dropped and the case was dismissed"
The whole arrest had no impact as she did not mention it at ALL.
She did not mention my previous H1B denied years ago, she just came up with the VWP after I answered a bit rude to the "you told me you have friends" question.
For the overstay I put:
"2 month overstay on VWP (2001)"
For the criminal charges:
"2005 - I have been allegedly charged for carrying a firearm, the charges were dropped and the case was dismissed"
The whole arrest had no impact as she did not mention it at ALL.
She did not mention my previous H1B denied years ago, she just came up with the VWP after I answered a bit rude to the "you told me you have friends" question.
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I took some time to read this, too bad I did after the interview, altho my purposses are strictly tourism because i'm well established here I did a few things not that well:
As per 9 FAM 41.31:
Factors to be used in determining entitlement to Temporary Visitor Classification are as follows:
- Have a residence in a foreign country, which they do not intend to abandon;
I do have a residence in my country, I own a condo.
- Intend to enter the United States for a period of specifically limited duration
As per my DS-160 I intend to enter the US for a week.
- Seek admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.
Tourism is a legitimate activity, altho after the short interview the VO might think the intent is not that legitimate after all depending on the case.
- If an applicant for a B1/B2 visa fails to meet one or more of the above criteria, you must refuse the applicant under section 214(b) of the INA.
9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for Refusal
Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence.
9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip
The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature
The period I put in the DS-160 is a week, places to visit Los Angeles, San Diego and SFO, I did a pretty well itinerary (honest one as well).
9 FAM 41.31 N3.2 Specific and Realistic Plans
The applicant must have specific and realistic plans for the entire period of the contemplated visit.
I was not asked about my plans, well I probably was when she asked "reason to visit the US" I just said "Tourism" and should have said "Tourism, I want to visit Los Angeles, San Diego, days blah blah blah"...
9 FAM 41.31 N3.4 Ties Abroad
- The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin
I do have a permanent GOV employment (8 years), close family ties (mother, sister, and so on, no wife/kids tho).
- 9 FAM 41.31 N3.5 Doubtful Cases not Resolved by Offer to Leave Dependent Abroad
If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad.
Dont understand that one
FAM 41.31 N4.2 Adequate Funds to Avoid Unlawful Employment
(CT:VISA-701; 02-15-2005)
The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States.
No need to
I guess what was wrong was:
"VO" Do you own a house?
"ME" YES
"VO" Did you buy it?
"ME" Yes
"VO" When?
"ME" No I did not buy it, I got it from my dad who passed away on Christmas
"VO" You told me you were going to visit some friends in California where are they again?
"ME" You probably not hear very well (I dont know the exact phrase I used) I never told you that.
As per 9 FAM 41.31:
Factors to be used in determining entitlement to Temporary Visitor Classification are as follows:
- Have a residence in a foreign country, which they do not intend to abandon;
I do have a residence in my country, I own a condo.
- Intend to enter the United States for a period of specifically limited duration
As per my DS-160 I intend to enter the US for a week.
- Seek admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.
Tourism is a legitimate activity, altho after the short interview the VO might think the intent is not that legitimate after all depending on the case.
- If an applicant for a B1/B2 visa fails to meet one or more of the above criteria, you must refuse the applicant under section 214(b) of the INA.
9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for Refusal
Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence.
9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip
The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although “temporary” is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature
The period I put in the DS-160 is a week, places to visit Los Angeles, San Diego and SFO, I did a pretty well itinerary (honest one as well).
9 FAM 41.31 N3.2 Specific and Realistic Plans
The applicant must have specific and realistic plans for the entire period of the contemplated visit.
I was not asked about my plans, well I probably was when she asked "reason to visit the US" I just said "Tourism" and should have said "Tourism, I want to visit Los Angeles, San Diego, days blah blah blah"...
9 FAM 41.31 N3.4 Ties Abroad
- The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin
I do have a permanent GOV employment (8 years), close family ties (mother, sister, and so on, no wife/kids tho).
- 9 FAM 41.31 N3.5 Doubtful Cases not Resolved by Offer to Leave Dependent Abroad
If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad.
Dont understand that one
FAM 41.31 N4.2 Adequate Funds to Avoid Unlawful Employment
(CT:VISA-701; 02-15-2005)
The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States.
No need to
I guess what was wrong was:
"VO" Do you own a house?
"ME" YES
"VO" Did you buy it?
"ME" Yes
"VO" When?
"ME" No I did not buy it, I got it from my dad who passed away on Christmas
"VO" You told me you were going to visit some friends in California where are they again?
"ME" You probably not hear very well (I dont know the exact phrase I used) I never told you that.
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#148
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When the VO asked about the first trip I was about to say:
I have overstayed because I was a dumb, please forgive and forget that wont happen again as I will trully appreciate a second oportunity for a week of vacations" but I thought about your advices on the fórum to keep em short answers :/
I have overstayed because I was a dumb, please forgive and forget that wont happen again as I will trully appreciate a second oportunity for a week of vacations" but I thought about your advices on the fórum to keep em short answers :/
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#149
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this is definately lot of effort, but I want to do it so I will try and do my best.
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#150
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You are very inconsistent, and that is a red flag to the VO.
On your first DS-160, you said you wanted to stay one week, and you had a one-week itinerary written up.
Now you've changed it to two weeks, and will have to write up a two-week itinerary. If they made a note in your file that you first requested one week and got denied, what makes you think an even longer stay will be approved? Especially since absolutely nothing in your personal life has changed in your favor...since it's only been a week.
I'm very sorry you got denied, but to me (and I am just a layman, not a VO), you seem: a) desperate to get to the USA; b) inconsistent; c) unorganized; d) aimless; and e) desperate to get to the USA. (Yes, I know I said that one twice...it comes across loud and clear.)
Rene
On your first DS-160, you said you wanted to stay one week, and you had a one-week itinerary written up.
Now you've changed it to two weeks, and will have to write up a two-week itinerary. If they made a note in your file that you first requested one week and got denied, what makes you think an even longer stay will be approved? Especially since absolutely nothing in your personal life has changed in your favor...since it's only been a week.
I'm very sorry you got denied, but to me (and I am just a layman, not a VO), you seem: a) desperate to get to the USA; b) inconsistent; c) unorganized; d) aimless; and e) desperate to get to the USA. (Yes, I know I said that one twice...it comes across loud and clear.)
Rene
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