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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108700
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I would like to know why I am being denied...

Customer Question

i would like to know why I am being denied the B2 visa which is a visitors visa for 6months to the USA . they tell me that I am denied under section 214 (b) which means I do not have enough ties here . I do have a home and a mortgage here in the UK also have family and friends and I also work for Blackpool catering services which cook food for the schools here in Blackpool where I live
Submitted: 3 years ago.
Category: US Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What is your nationality and why do you wish to go to the USA?
Customer: replied 3 years ago.

I am British and I wish to go to visit and Take care of my Mother In Law as she is very sick and cannot afford to have full time care.

Expert:  UKSolicitorJA replied 3 years ago.
Thank you. As in the UK, you would need to prove to the Americans that you will return back to the UK once your visit has completed. I have asked for this question to be moved to the US law section so that a US lawyer can assist you.
Customer: replied 3 years ago.

Ok. When should I hear from them?

Expert:  UKSolicitorJA replied 3 years ago.
Please be patient. They will reply when the question has been transferred
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


Sorry for the delay in getting back to you. How old are you? Are you leaving a spouse and minor children behind? Do you own property not easily sold?
Customer: replied 3 years ago.

I am not selling my house as i have a mortgage on it so i will be coming back . i would like to take my daughter who is 17 years old . I am 49 years old but will be turning 50 this year I am also a widow .

Expert:  Guillermo Senmartin replied 3 years ago.

Well, that’s one of the problems, that you would be taking your daughter with you. She is a tie that would necessitate that you would need to go back. I’m sure you understand that in criminal law, a person is innocent until the government can prove guilt. A person doesn’t even have to defend themselves and say nothing and if the government cannot prove guilt, the person gets off without issue. However, in U.S. immigration law, it is the opposite. A person is considered an intending immigrant until the person can prove to the satisfaction of the U.S. government that they are not an intending immigrant. So the burden of proof is on you. Since there is no appeal process, all you can do is apply again and show more proof of strong ties to your country. Having an excellent job, for example, is another strong tie because one would not normally abandon a good job with a good salary. Showing that your daughter has strong ties would help as well to show that she would need to go back home as well. Here is a link that I think may be helpful to you:

http://www.ilw.com/articles/2009,0528-schwartz.shtm

Read through that article and when you understand it well enough, apply again and show strong proof of ties to your country.

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108700
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 3 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 3 years ago.

So what sort of paper work do they want to look at as I have been to the embassy four times and been be denied with the same reason .

Expert:  Guillermo Senmartin replied 3 years ago.
Sure, no problem, we can go over that, but did you read through the article that I recommended? If so, what things that you have available that you think could convince a consular officer that you would not leave behind and would thus come back to?
Customer: replied 3 years ago.

I need to know why they need you to have a job when there are so many unemployed here in england and I know that the company I worked for would not let me go for 5month . I am upset about all this as we might not get there when I have been there for 10 years and never over stayed .

Expert:  Guillermo Senmartin replied 3 years ago.
Are you saying that all the unemployed in the UK are getting visas to come to the U.S.?
Customer: replied 3 years ago.

I did hear one that was at belfast who said he did not have a job but was going to las vegas to meet his girl friend who was English but is now American and he was going to get married but over here in England but he was going to travel round there

Expert:  Guillermo Senmartin replied 3 years ago.
Ok. You are assuming that all the unemployed in the UK are getting visas to come to the U.S. I am pretty sure that is not the case. Sure, most citizens of the UK can use just their passports to enter the U.S. and they aren't per-screened as far as employment goes, but for some reason, you decided that the ESTA Visa Waiver wasn't giving you the freedom that you wanted, and you applied for a B-2 tourist visa. You asked what would be strong ties. Sure, I'll give you a list if you like:

 

1) Minor children staying behind (having no visas or ESTA).

2) Spouse staying behind (having no visa or ESTA).

3) Owning a property or properties not easily sold.

4) Having an excellent job with excellent salary one would not easily abandon.

5) Owning a successful business that one would need to attend to or it would fail.

 

And then to a lesser extent:

 

6) Other close family members.

7) Other business interests.

 

Essentially, one has to prove that they have a pretty good life in their country and that they would not easily abandon that life.

 

As I said, all you can do is apply again and show that you have these things. I know it is frustrating and I am truly sorry about that. I wish I had an easy solution for you.

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