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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107244
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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Rejected twice under section 214(). and my boyfriend of five

Customer Question

Rejected twice under section 214(b). I am Polish and my boyfriend of five years is British and already has his visa.
The first time I applied, may 2016, return flights, hotel, theme park tickets and £2000 worth of spending money booked and evidence with me but they did not even look at it. My work status was volunteering at a charity shop and I am luck enough that my boyfriend doesn't expect me to work as he's doing well and happy to pay for everything. They wanted to know what my boyfriend does. I said he owns property and is a landlord and property developer. They asked to see his bank statements which I didn't have. They wanted to know how long I have been in the UK. I have been here 11 years, went to high school here and got my GCSEs as well as Health & Social care level 2 at college.
The second time, August 2016, by then I had a qualification in beauty, business set up complete with website, insurance etc and I also start college next week to do my level 2 in beauty and over £3,000 in my business bank account. I had information with me on the property my boyfriend owns along with his current account statement with a balance of over £10k. I don't know if it would make a difference that I am also first in line in his will. At this appointment they looked at my passport and nothing else. Just asked why I wanted to go and what's in Florida, my answer being holiday\Disneyland. They asked nothing else, didn't give me an opportunity to speak or show any documents. I couldn't understand why they wanted to see things the first time that I didn't have but not the next time when I had them. This time no holiday booked but still with Disney and universal tickets that expire at the end of 2016.
I am naturally a nervous person and believe this could go against me as well as hesitating sometimes as I struggle to understand the accent.
What I want to know. Can I get someone to speak for me at the embassy? Am I entitled to rejection reasons in detail under the freedom of information act? What could I have done wrong? If I keep applying and telling them I just want to go on holiday, will I keep being rejected? I have no children and never will so that will never go in my favour for future applications. Would it make a difference if we were engaged? By that I don't mean get engaged for the purpose of getting a visa just wondered if it would make a difference as I know it's not going to be long until he asks.
Submitted: 7 months ago.
Category: US Law
Expert:  Guillermo Senmartin replied 7 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Customer: replied 7 months ago.
Hi Guillermo.
Thank you for contacting me. I really look forward to your answer.
Kind regards
Marta
Expert:  Guillermo Senmartin replied 7 months ago.

Sorry about the delay. The primary thing that they want to see is significant ties to the UK or to Poland. They want to make sure that you will go back. Not that you will decide to stay in the U.S. and hope for a better life. If you were married and your spouse was staying behind or your spouse had a great life in the UK that he would not easily abandon, then all of those things would go in your favor. If you had your own successful business (not just a start-up with not much money invested as you do now), and that business needed you in the UK to continue to be successful, then that would be something else in your favor. If you were close to finishing your degree, you probably would want to finish in the UK so you wouldn't stay in the U.S. But starting at a beauty school, something that you might easily be able to pick up in the U.S., that wouldn't be very convincing as a tie, I'm afraid. You can apply again if you like, but they usually like to see 6 or more months between applications (maybe why they didn't want to see anything that you had). If you cannot wait that long, and they still don't want to review what you have with you, you can ask to speak to a supervisor and hopefully they will be more amenable to reviewing your full file. But I have to tell you that it will not be easy. B-2 visas are not easy to get for young people that do not have many strong ties outside of the U.S.

I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country:

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

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

Hopefully these things will be helpful. You should try to wait awhile before applying again and try to develop more things that would convince them that you will go home when the time comes.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo Senmartin replied 6 months ago.

Hello Marta. 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 6 months ago.
Hi Guillermo
Thank you for the information you have provided. I do have a couple of unanswered questions:
I tend to hesitate as I talk and feel I get worse at the visa appointments due to nerves, and struggling to understand the accents of the Embassy staff. I am well aware this goes against me and am concerned I would get rejected on this no matter what any of my circumstances are, every time. Due to this can I get someone to speak for me at the embassy?
Am I entitled to rejection reasons in detail under the freedom of information act or get the reasons any other way?
Would it make a difference if my boyfriend and I were engaged?
Is it allowed that I wasn't asked anything at my second appointment? It was as though the person made up their mind before I even spoke. Am I allowed to ask to speak to a supervisor if it happens again?I look forward to hearing from you again and will follow up with a rating for you.
Customer: replied 6 months ago.
oh sorry forgot to say. Is it best to have the trip booked before the appointment?
Expert:  Guillermo Senmartin replied 6 months ago.

Marta, it's been almost a month and you did not leave a positive rating for me. This means that the website never compensated me. I am hesitant to continue with your questions because I don't really want to work for free. I hope you understand. I'll answer these last ones for you, but if you had additional questions, please leave a positive rating first, and then I will continue as the session does NOT close even though it may say "rate to finish" or something like that.

Unfortunately, you cannot have someone speak for you unless they are an attorney. You can try looking for one at www.ailalawyer.com.

You are entitled to a reason why you were denied and that seems to be 214(b). They don't have to give you details, just that they think you do not have significant ties to your home, or immigrant intent.

Yes, it is allowed that they not ask you anything during your 2nd appointment. It is possible that they reviewed everything before the appointment and determined that nothing significant had changed and that's why they denied you again. This is part of the reason they recommend waiting at least 6 months before applying again because they just don't think enough has changed. You can ask to speak to a supervisor. Would it help to be engaged? Probably not. If you were married and your spouse no longer had a visa, that would help because a spouse staying behind with no way to come to the U.S. would be a significant tie. Pre-paying a trip helps a little, having a return trip ticket helps a little as well, but as I said before, the most important things are strong ties to your home that show non-immigrant intent.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo Senmartin replied 5 months ago.

Hello Maria. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107244
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
Customer: replied 5 months ago.
Hi Guillermo
Thank you for all of your help. I am looking into getting an attorney to speak for me as each time I go to the embassy it's over £300 round trip and days off college or work that I can't afford to miss. This could go on forever so think I may as well pay more once than keep trying at £300 + missed days each time.
Sorry I hadn't realised how important a rating is for you. I've left you a five star. Maybe just answer should make it an obligation to leave ratings.
I'll take your advice on board and see what happens in six months time.
Kind regards
Marta
Expert:  Guillermo Senmartin replied 5 months ago.

You are very welcome. Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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