What is your purpose in going to America?

Thứ Tư, 27 Tháng Bảy 201100:00(Xem: 67229)
What is your purpose in going to America?
Can the interview officer at the American Consulate deny a case based on a single incorrect answer from the applicant? And, what was the one question that caused the denial?

First of all, the officer does have the authority to deny a case based on a single “wrong” answer. A consular officer must be reasonably sure that the applicant should get the type of visa that is being requested. If he has strong doubts, then he is required to deny the visa application.

Consular officers also consider other things beside the answers to the interview questions. They observe how the applicant interacts with them and with the consulate’s Vietnamese translators. And they notice the composure and the attitude of the applicant. If the officer perceives or feels that the applicant is hiding a material truth, something that would make him ineligible, then the consul will deny the case. The denial letter may say the real reason for the denial, or it may just give some reasons chosen at random.

Now, what was the one question that caused the applicant to be denied? The officer asked, “What is your purpose in going to America?”

This is a very simple question, but to get a visa, it must be answered in the right way. In this case, the applicant said, “I am going to America to work and make money”. That was the wrong answer.

Why was it wrong? Doesn’t everyone want to work and earn money? Doesn’t everyone want to work, save money, care for their family and also send some money home to the family in Vietnam?

If the applicant was going to America sponsored by an employer, or to invest in a business, or to work in a summer job, the answer would have been correct. However, in this case, the applicant was applying for an immigrant visa to join her husband in the US. The only acceptable answer for the consul would be,”To be reunited with my husband and raise a family”.

Since the applicant just mentioned earning a living and did not include her husband in the answer, the consul decided that it was a marriage for immigration purposes. The visa was denied.

In this case, could the applicant submit an appeal, to say that she felt too shy to say that she wanted to go to America to be with her husband, or to say that she felt that the consul’s question was too personal? Unfortunately, her original answer is on record, and no amount of appeal can erase that. No matter what she thought, she lost her chance at a visa because she avoided giving the answer that the consul wanted to hear.

Does everyone in America marry for romantic reasons? No. Is it possible that people in America get married because of money? Yes. But, at the American consulate, when applying for a visa as a spouse, there is only one correct answer and that answer must refer only to the marital relationship.

-------------------------------------------------------------------------------------
Q.1. In general, is it possible to appeal a consular officer’s decision?
A.1. An appeal can be made to the Chief of the Immigrant Visa Section of the Consulate. If this appeal is not successful, the next step would be to request an Advisory Opinion from the Visa Office of the Department of State. It can take a year or more to get the response from the State Department.

-------------------------------------------------------------------------------------
Q.2. How much time is allowed to submit an appeal?
A.2. The regulation says that the consulate should keep the case open for one year after the interview. However, sometimes they make a decision in less than a year and return the petition to CIS in America for review and possible revocation. The applicant is not told about the returned petition until after the consulate has closed the case.

 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

14550 Magnolia St. #104 Westminster CA 92683 (714) 890-9933 
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888 
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388 
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
Thứ Tư, 15 Tháng Tư 2015(Xem: 14389)
Last week, Democratic legislative leaders proposed a package of bills that would greatly expand protections for California’s 1.8 million illegal immigrants. This is far beyond what's offered by any other state.
Thứ Tư, 08 Tháng Tư 2015(Xem: 14828)
In California, attitudes shift on illegal immigration. Times change. Attitudes soften. People get to know each other and relax.
Thứ Tư, 01 Tháng Tư 2015(Xem: 13412)
A federal appeals court announced that a court hearing has been set for April 17 to decide whether a temporary hold on President Obama's immigration executive actions should be lifted.
Thứ Tư, 25 Tháng Ba 2015(Xem: 13243)
In February 2015, a federal judge in Texastemporarily blocked the president’s executive action on immigration and allowed time for 26 states to pursue a lawsuit that would permanently stop the president’s orders.
Thứ Năm, 12 Tháng Ba 2015(Xem: 13198)
Mis-representation means that an applicant tried to hide a fact that would make her ineligible for a visa. If the Consulate doubts the relationship, they say there is mis-representation.
Thứ Tư, 04 Tháng Ba 2015(Xem: 13648)
The same way that they tell if any other claimed relationship is real: They talk to the applicant, asking the same questions they would ask of any heterosexual couple. If the petitioner comes to the interview, they observe the couple together.
Thứ Năm, 26 Tháng Hai 2015(Xem: 19230)
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants.
Thứ Tư, 18 Tháng Hai 2015(Xem: 16102)
On behalf of everyone at Robert Mullins International, we would like to wish you Year of the Goat filled with good health, Prosperity and longevity.
Thứ Tư, 11 Tháng Hai 2015(Xem: 14030)
Submitting an H-1B Petition on April 1st: What Prospective H-1B Employers and Employees Need To Know It is highly likely that this year we will also see an H-1B lottery. Here are a few practice pointers which every prospective H-1B employer and employee should know.
Thứ Tư, 04 Tháng Hai 2015(Xem: 18668)
An expired 10 year Green Card is like an expired passport. If the US passport expires, the person is still an American citizen, but the expired passport cannot be used for travel outside the US.