B refusal

[Mike Peach]

I have just spoken to a friend of mine who went to London to get a B visa and was turned down because they felt he did not have enough attachment to the UK. This despite him taking mortgage docs. and 10 years company accounts with him.

He went with his wife having left the kids at home. It cost him somewhere in the region of 500GBP.

I can't believe they wouldn't even let him have a B! Madness!

[maddy]

I have just spoken to a friend of mine who went to London to get a B visa and was turned down because they felt he did not have enough attachment to the UK. This despite him taking mortgage docs. and 10 years company accounts with him.

He went with his wife having left the kids at home. It cost him somewhere in the region of 500GBP.

I can't believe they wouldn't even let him have a B! Madness!

The same thing happened to my daughter. As my husband and I are LPRs they said she had "too many ties" in the US, despite her having a mortgage and a job! They certainly like taking money for visa applications :(

[jay]

I have just spoken to a friend of mine who went to London to get a B visa and was turned down because they felt he did not have enough attachment to the UK. This despite him taking mortgage docs. and 10 years company accounts with him.

He went with his wife having left the kids at home. It cost him somewhere in the region of 500GBP.

I can't believe they wouldn't even let him have a B! Madness!


For gods sake what more do they want...BLOOD
jayne

[TeaPot]

For gods sake what more do they want...BLOOD
jayne

Yup, that'll be next.......

x

[britcan]

easy answer -don't come to USA. They will get the message eventually and I hope that your friend contacts the media- can't you get him/her to contact the same TV folk that did the spotlight on Susie and Florida?

[Susie]

Hi Mike

So are you saying that only the husband and wife were applying for a B visa and not their children ? and his children were going to remain in home country?

Just so you know, Section 214 of the INA (Immigration and Nationality Act) clearly states

In order to be approved you must show strong social, financial and family ties to your home country


Where does his parents live, are they USC or green card holders or on E visa?

They would have given him a letter, what was the reason they gave for denial?

[Susie]

What reason did he give for wanting a B visa? They could well suspect him of immigrant intent as so many brits have been applying for a B visa, saying they are coming on an extended holiday and the next thing you know they have purchased a business and put their children in schools

[kirtida8]

For gods sake what more do they want...BLOOD
jayne

No they will never want our blood as they think its contaminated with mad cow disease LOL. Pity - but you can still donate organs so may be you will have to give up a kidney or lung instead???? Though how that works I have no idea as all organs are supplied with blood so surely they too would be "contaminated"? Thats their logic for you i guess. :p :rofl:

[Carl]

probably a lot of the problems come from the B2 / E2 change of status, although it is perfectly within the rules, I dont think the Embassy's ( especially London ) like it and therefore suspect every B2 applicant.

[McSporran]

Hi Mike

So are you saying that only the husband and wife were applying for a B visa and not their children ? and his children were going to remain in home country?

Just so you know, Section 214 of the INA (Immigration and Nationality Act) clearly states

In order to be approved you must show strong social, financial and family ties to your home country


Where does his parents live, are they USC or green card holders or on E visa?

They would have given him a letter, what was the reason they gave for denial?


I agree - once again I suspect there is alot more to this than meets the eye - what ages are the children? - if school age - why was a B-2 visa needed? etc etc.

[Mike Peach]

The children didn't have to attend interview as they are young. The reason they gave for wanting the B is that they wanted to spend more time at the home they own over here.

They are English, all their family live in the UK, his business is in the UK, they have a mortgage etc. etc.

The guy at the embassy mentioned that it was irresponsible to want to take the kids out of school.

I am sure they were coming out initially to have a scout round for a business to buy, or to see if there was any chance of setting something up for L visa but this is entirely within the law as I understand it.

I agree they are obviously tightening up because of people doing change of status once here which is again entirely legal.

I was and am still amazed at the decision.

[v2002]

Stoping people from entering on B visa is not a solution... If they really are worried about this all the have to do is SCRAP the rule that allows B visa holder to CHANGE STATUS while in USA. Plain and simple.
If these NUT HEADS can't do that than what they need to do is REFUND the VISA FEE in FULL if you do not get a visa approval .. Of-course the can charge a small administration fee for their time BUT than I have problem with that too... WHO pays the COSTS incurred by the applicant?
There-fore use of Common sense is very essencial here I think they need to have someone with common sense sitting on B visa approvals.:fit::fit: I am :fit::fit: just like you all.:o
probably a lot of the problems come from the B2 / E2 change of status, although it is perfectly within the rules, I dont think the Embassy's ( especially London ) like it and therefore suspect every B2 applicant.

[v2002]

The children didn't have to attend interview as they are young. The reason they gave for wanting the B is that they wanted to spend more time at the home they own over here.
Thats a big NO ... NO
I was and am still amazed at the decision.Wonder why are you amazed? the rules for B visa itself tells you that its a temp. visit with nonimigrant intent... taking kids out of school itself raised a big RED flag here .....They got what they asked for ... wish they were better prepared for this visa.

[peter gold]

If you take kids out of school on a B visa they will immediatley infer non immigrant intent so the refusal is no surprise

[Mike Peach]

Well I have learned something now then. Shame it is a bit late for them.

Thanks for the info.

[haggis007]

The number of people we have met in the last year doing the seminars that have converted from a B to an E2 visa is way higher than I suspected . Everyone that we spoke to said they thought they would be fine when the renewal came round because the person who sold them the business said it would be okay.Scarey!!!!

[v2002]

If you see the rules and regulations there is nothing Scary about it .. USCIS does allow you to change the status from B to any other visa .. IF LONDON does not LIKE that than " THEY MUST remove this provision from theor BOOk" than to PLAY God with peoples LIFE's :fit: :fit: :fit: :fit: :fit: :fit: :fit: :fit: :fit
The number of people we have met in the last year doing the seminars that have converted from a B to an E2 visa is way higher than I suspected . Everyone that we spoke to said they thought they would be fine when the renewal came round because the person who sold them the business said it would be okay.Scarey!!!!

[peter gold]

The number of people we have met in the last year doing the seminars that have converted from a B to an E2 visa is way higher than I suspected . Everyone that we spoke to said they thought they would be fine when the renewal came round because the person who sold them the business said it would be okay.Scarey!!!!


The biggest source of mis information is the seminars and the sellers and their agents who want to make the sale, and after that when renewal time comes around will have no obilgation to you at all.

[v2002]

Peter why is that a Mis Information? When USCIS is the one who actually changes the STATUS from B to E2.

Should it not be equally responsible ????
Changing status for them it self is wrong in firat place when they know that it will not allow smooth sailing for future?
I would say.......They are more to blame.
And If the USCIS changes status WHY should london not show their resentment with HOMELAND SECURITY than to Put penalty on those WHO JUST did THINGS by the BOOK ?

Beats me :fit: :fit: :fit: :fit:
The biggest source of mis information is the seminars and the sellers and their agents who want to make the sale, and after that when renewal time comes around will have no obilgation to you at all.

[peter gold]

I am saying the source of mis information is the seminars

[v2002]

Peter Gold I understood what you said My Question was Why do you think seminars are "source of mis information" ?:(
Where does the Question of Misinformation come when USCIS itself is the one WHO changes status from B to E2 without any Questions?:(
IF that was Misrepresentation than USCIS should REJECT all application for those who file forAdjustment of status from B visa to E 2... apparantly its allowed by the lAW to do so.
I would immagine if that was not allowed USCIS would DENY the applicant in first place ... and that as a CHAIN reaction would Curb the Seminars to emphasise the transition from B visa to E2 visa.:( :( :( :(
Dont you think so ? we are blaming the wrong Org. here.:(
I am saying the source of mis information is the seminars

[Martin Rose]

What are they going to do now then.....will they still be ok vistiting on the waiver. they have a vacation home but will they be turned away at poe ?????

Tricky

:confused:

[peter gold]

Ok on visa waiver as long as they disclose on the form they were refused a visa. That is a must or they will be turned away

[Martin Rose]

Peter i am not sure if this is the case always. I have heard od someone who was denied a b visa then went a few month later on the vw only to be turned away at poe EVEN though he had with him when asked a return tickets etc etc. A nightmare!!! has anyone else heard aof the same experiance ??
:confused: :confused: :confused:

[v2002]

Entry on WVP is not a right ...... Its a previlidge and it can be requested and only gained at the mercy of POE.
POE can allow you to come in despite a visa refusal.... or Deny you entry with no previous visa refusal.

[peter gold]

If they fail to disclose the refusal that will gurantee a denial, but they can refuse anyone at POE l

[Bayfield]

So they have Children of school age.

But wanted to stay for more than 90 days?

I would tend to agree with the Consulate, as described it was an automatic refusal.

[Sharon]

So they have Children of school age.

But wanted to stay for more than 90 days?

I would tend to agree with the Consulate, as described it was an automatic refusal.

Maybe it is because it is law in the US and UK that children attend school or have schooling. Did the officer ask how the children would be educated whilst in the us? They could have said they would be home tutored

[Bayfield]

Maybe it is because it is law in the US and UK that children attend school or have schooling. Did the officer ask how the children would be educated whilst in the us? They could have said they would be home tutored

The anal comment would be how could they be home tutored when they were not at home.

But seriously, not sure what percentage of the UK population is home tutored, very small.

And still does not answer the question of why 90 days is not good enough, mention of going for a L, how many Business's could withstand the loss of a significant employee for that duration.

There might be a very good reason for a B, none has ben mentioned.

[Susie]

probably a lot of the problems come from the B2 / E2 change of status, although it is perfectly within the rules, I dont think the Embassy's ( especially London ) like it and therefore suspect every B2 applicant.

Your right.

I forgot to add in my previous post

Per section 214 of INA states

" Every applicant shall be deemed an immigrant until such times as he/she proves to the consular officers satisfaction they are not"



Hence , guilty until you can prove your innocent ! This coupled with the hundreds of B to change status people, has raise red flags I am affraid

[Susie]

As mentioned before in other threads, the final determination to allow entry into the uSA rests soly with the officer at the POE (Port of entry)

Makes no difference visa no visa, if they wish to deny entry they can and will.

[Mike Peach]

Totally irrelevant but..

The number of children being home educated in the UK is growing very quickly. The main reason children are being taken out of school initially is bullying, followed by lack of support for special needs (ADHD) etc.

In the UK, home education ideas have tended to emanate from a more alternative section of society and unschooling (autonomous education) or child led learning where no curriculum is followed tends to be the most common form. This is changing though, as more and more 'normal' people take their children away from school and adopt a more school like, curriculum led approach.

Contrary to the line espoused by the state, schooling is not compulsory in the UK but education is. The government would love to change this law and force more oversight onto HEors but despite many attempts in the past to force children into school the community has fought successfully to maintain the status quo.

In the US there has always been a strong home school sector, mainly emanating from religious beliefs. The community is very organised and lobbies successfully to maintain and even extend it's rights. Americans in general are far more aware of the right to home educate than the British.

Ironically, having read the replies to my original posting, if these people had told the embassy they would be taking their children out of school to home educate them whilst on their travels in the US they may have had more success.

Another benefit of home education.....

[peter gold]

Mike
I dont think if they were home schooled in the UK it would have affcted the decison. They presume that if you apply for a B visa and have kids with you of school age, you are coming to the US with the intent to stay.

[Bayfield]

And wouldnt they need a F 1 Visa if that was the intent?.

Not that there is any mention of this being the case.

[v2002]

F1 visa is issued for after school education.(high scool) It can be for four year college or a cummunity college for two years.
And wouldnt they need a F 1 Visa if that was the intent?.

Not that there is any mention of this being the case.

[Bayfield]

F1 visa is issued for after school education.(high scool) It can be for four year college or a cummunity college for two years.

That's probably the most common, but it applies to all full time education.

Also begs the question if the person providing the tutoring needs a work visa.

[v2002]

ha ha ha It does not........ No schools, (elementry or middle) can admit students on F1 student visa.
In exceptional cases a high school can help a student get F1 visa issued but ONLY FOR MAX. period of one year.The student must pay for all T. Fee and other expenses, must have a provision for stay and other expenses.( this is also done between two high schools collaborating with each other for an exchange student)

Colleges & Universities are the one who can issue I120. Infact some Pvt colleges do not have the authority to issue the I-120,
-----after a school sends out I-120 for a student ... F1 visa is issued.

On full time student .. sometimes F1 student can become a part time student -Because of the number of credits they have in a semister pertaining to thier major, when university does not offer certain courses in that semister. SO full time student or part time student it makes no big deal. :D

Tutoring does not require a VISA but to earn money by the way of tutoring certainly needs you to have "WORK AUTHORISATION" :D
That's probably the most common, but it applies to all full time education.

Also begs the question if the person providing the tutoring needs a work visa.

[Ron]

If you see the rules and regulations there is nothing Scary about it .. USCIS does allow you to change the status from B to any other visa .. IF LONDON does not LIKE that than " THEY MUST remove this provision from theor BOOk" than to PLAY God with peoples LIFE's :fit: :fit: :fit: :fit: :fit: :fit: :fit: :fit: :fit

your right there is a provision to do B to another non immigrant status but the problem lies when the applicant tells porkie pies at the interview saying they want a holiday, when they have no intension of having a holiday but to stay and buy a business

[davidmartin_uk]

I agree

Whatever the Rules may say its very difficult to explain at the embassy for your E2 visa that you went over on a B visa that you just happened to find a business, just happened to have a sizeable deposit ready, just happened to have the kids there ready to go to school, just happened to have all your affairs in the UK tied up etc etc. Duel Intent has always been a ‘no no’ whatever visa you enter on.

Dave

[maddy]

Please excuse my ignorance but does that mean that most of you came over on a VW for 90 days and then applied for an E2 whilst in the US? So that's how you become landlocked?

[kirtida8]

Hi Maddy, I cant speak for others but although I came over on the VWP and bought my business, all transactions were done from the UK including the visa application. I became landlocked as I could not return to the UK when my visa expired and so extended my stay. Things then became complicated and so I had to re-extend earlier this year. If I had the opportunity, I would have renewed, but things don't always work out the way you want, and so I made the best of a bad situation.

[tracifrost]

[QUOTE=v2002;41859]ha ha ha It does not........ No schools, (elementry or middle) can admit students on F1 student visa.
In exceptional cases a high school can help a student get F1 visa issued but ONLY FOR MAX. period of one year.The student must pay for all T. Fee and other expenses, must have a provision for stay and other expenses.( this is also done between two high schools collaborating with each other for an exchange student)

v2002, the above is not true, well here in Florida, it isnt anyway. It must be different from state to state.
Colleges & Universities are the one who can issue I120. Infact some Pvt colleges do not have the authority to issue the I-120,
-----after a school sends out I-120 for a student ... F1 visa is issued.

Again, the above is not the case for Florida.

[davidmartin_uk]

I came over on a buying trip on VWP. Returned within the 90 days and conducted the rest of the buying process and e2 application from the UK.

Dave

[Martin Rose]

How many people know of someone who has been denied a b1/2 and travelled on a visa waiver and either got in no problem or had troubles ?

some advice from members who are in this possition might help others. ie: what you should take with you to give to the poe officer. 2. wil you always be interviewed ....

I think there are more and more people being turned down for a b visa and they want to travel to the US on visa waiver for holidays but the fear of being returned is a nightmare. Does anyone know any figures of people being turned away who came from the Uk etc etc

[v2002]

Traci What is true in florida?

v2002, the above is not true, well here in Florida, it isnt anyway. It must be different from state to state.
Again, the above is not the case for Florida.
Just checked few universities & schools links ALL need F1 vai SAVIS dont know what you are talking about :confused: Immigration rules do not change from state to state .
http://www.law.miami.edu/admissions/jd/international/

[Susie]

[QUOTE=v2002;41859]ha ha ha It does not........ No schools, (elementry or middle) can admit students on F1 student visa.
In exceptional cases a high school can help a student get F1 visa issued but ONLY FOR MAX. period of one year.The student must pay for all T. Fee and other expenses, must have a provision for stay and other expenses.( this is also done between two high schools collaborating with each other for an exchange student)

v2002, the above is not true, well here in Florida, it isnt anyway. It must be different from state to state.
Colleges & Universities are the one who can issue I120. Infact some Pvt colleges do not have the authority to issue the I-120,
-----after a school sends out I-120 for a student ... F1 visa is issued.

Again, the above is not the case for Florida.


For children up to graduation there is NO need for a visa to attend school. The schools only want to see a utility bill and lease or ,mortgage on a property.

I know cos my son attended school in Florida and they never asked or checked what his legal staus was either

[Susie]

I came over on a buying trip on VWP. Returned within the 90 days and conducted the rest of the buying process and e2 application from the UK.

Dave



Yeah, you have done it the right way :)

[Susie]

Please excuse my ignorance but does that mean that most of you came over on a VW for 90 days and then applied for an E2 whilst in the US? So that's how you become landlocked?


No not true,

You cannot change from a VWP to another visa. A VWP is not even a visa.

You can come on a B visa and change to another type of non immigrant visa but unless you go back to the consulate for interview and final approval you would be landlocked.

The only except I can think of is, if you come on the VWP then marry a USC but you must not enter the USA with the intension of marrying a USC. Technically you should apply for fiance visa, and when approved entered the USA and then you will have 90 days to get married

[v2002]

Susie Not You again!!!!!!! Please read my POSTs before you quote my post .......:rofl::rofl::rofl::rofl: What do you think I am telling here ?:rofl: someone asked "wont the kids need F1 visa " and I was explaining who can be given F1 visa.(school kids do not get F1 visa issued except in certain case where it is issued to a highschool kid but only for a period of one year)
please read the posts (POST # 34 )before you comment on just one post ......
Looks like you are soooooo tired :rofl::rofl::rofl::rofl:LOL .. Go get some rest:D.
[QUOTE=tracifrost;41917]

For children up to graduation there is NO need for a visa to attend school. The schools only want to see a utility bill and lease or ,mortgage on a property.

I know cos my son attended school in Florida and they never asked or checked what his legal staus was either

[tracifrost]

Susie Not You again!!!!!!! Please read my POSTs before you quote my post .......:rofl::rofl::rofl::rofl: What do you think I am telling here ?:rofl: someone asked "wont the kids need F1 visa " and I was explaining who can be given F1 visa.(school kids do not get F1 visa issued except in certain case where it is issued to a highschool kid but only for a period of one year)
please read the posts (POST # 34 )before you comment on just one post ......
Looks like you are soooooo tired :rofl::rofl::rofl::rofl:LOL .. Go get some rest:D.
[QUOTE=Susie;41976]

[

B][/B]but this quote wasnt even my quote!!
about F1 visa and my son, i havent even got a son!! :rofl:

[kirtida8]

Guess V2002 is tired too LOL

[v2002]

No kritda I am not tired lol ..... Its just that susie GOOFED UP REAL GOOD try replying to her post .. and you will see traci on top because susie did not delete her name in the quote. LOL
SUSIE needs to QUIT drinking SHERRY :D
Guess V2002 is tired too LOL

[v2002]

I know Traci and thats why if you READ my post ITS addressed to Susie not you dear .. and when I wrote " susie not you again " it was basically to tell her how goofed up she was while making the posts lol :rofl: :rofl: :rofl: :rofl:
Her post had your name on top... and I delebrately left it for her to see what she was doing lol :rofl: :rofl: :rofl: :rofl:
[/B]but this quote wasnt even my quote!!
about F1 visa and my son, i havent even got a son!! :rofl:

[Bayfield]

[QUOTE=v2002;41859]ha ha ha It does not........ No schools, (elementry or middle) can admit students on F1 student visa.
In exceptional cases a high school can help a student get F1 visa issued but ONLY FOR MAX. period of one year.The student must pay for all T. Fee and other expenses, must have a provision for stay and other expenses.( this is also done between two high schools collaborating with each other for an exchange student)

v2002, the above is not true, well here in Florida, it isnt anyway. It must be different from state to state.
Colleges & Universities are the one who can issue I120. Infact some Pvt colleges do not have the authority to issue the I-120,
-----after a school sends out I-120 for a student ... F1 visa is issued.

Again, the above is not the case for Florida.

Not the case for my State either, Immigartion is a federal issue, just did a quick Google, here is the top one, there were loads of others:

Limits on Attending Publicly Funded Schools

If you wish to attend "public" high school (grades 9-12) in the United States on an F-1 visa, you must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education, and your attendance cannot exceed a total of 12 months. F-1 visa students are prohibited from attending public elementary schools and publicly funded adult education programs in the United States.

[v2002]

GOOD to see you type in BOLD... but dear friend first read ...WHAT DID I WRITE IN MY POSTS BEFORE YOU POST.


Not the case for my State either, Immigartion is a federal issue, just did a quick Google, here is the top one, there were loads of others:

Limits on Attending Publicly Funded Schools

If you wish to attend "public" high school (grades 9-12) in the United States on an F-1 visa, you must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education, and your attendance cannot exceed a total of 12 months. F-1 visa students are prohibited from attending public elementary schools and publicly funded adult education programs in the United States.

[Bayfield]

GOOD to see you type in BOLD... but dear friend first read ...WHAT DID I WRITE IN MY POSTS BEFORE YOU POST.


F1 visa is issued for after school education.(high scool) It can be for four year college or a cummunity college for two years.

[v2002]

Oh thank you bayfield for the UPDATE :D
What do you think is my POSTS all about? Why dont you first read my POSTs from post # 34 and than see who you really need to quote ..... me or someone else. It would be really nice if members really read the posts on the thread before they jumped to respond .:D :D
F1 visa is issued for after school education.(high scool) It can be for four year college or a cummunity college for two years.

[v2002]

I think you need to tell that to traci lol.:D



Or may be to poster of post#34... Which is you bayfield.:rofl: :rofl: :rofl: :rofl:

[v2002]

Kay I guess I could use a bottle of wine now .... may be I will post here like some of the members too....Drinking and POsting mix would be real fun lol :D :D
Now Kay I need it real bad.. because poor bayfield read the POSTS and decided to LoG off........ hmmm wonder why not post something lol... Boy I am high without a drink lol :D:D