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F2 Visa Denied Twice Due To Change of Status Claim

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  • F2 Visa Denied Twice Due To Change of Status Claim

    Hello,

    I have a question regarding my older brother who was here on F2 visa from January 2016 - December 2016. He was with his family that consists of his wife who is here on F1 visa, his daughter (6 years old) F2 visa and his US citizen son (3 years old). They are from Iraq.
    My brother and his family all went back to Iraq during the winter break last December due to a family emergency.
    They all applied for the US visa to because their visas were expired that time. They did the interview early January 2017 at the US embassy in Baghdad. The counselor officer told them everything was looking good and she would be approving their visas. His wife and his daughter got their visas issued after three days except for my brother. His visa was under administrative processing.
    His wife, daughter, and son traveled back to the US assuming that my brother would join them back in a few days.
    Then, his visa got suspended due to the EO then again got reinstated again after EO restraining order. Early this month, he checked his visa status it was issued then later was contacted by the embassy in order to pick up his passport. He went there and was surprised by an unexpected interview by the consular officer who asked me some trivial questions. One of the questions was about his daughter status; the counselor officer claimed someone has filed an immigration change (Asylum) of status for here. My brother tried to explain to the officer that never happened but the officer ruled out by canceling his visa without prejudice. After two weeks, he scheduled another interview at the US embassy in Baghdad but his application got rejected again upon asking the same question by the counselor. He had letters of declarations signed by him and his wife stating they never filed anything for their daughter. He doesn't know what to do know, we are trying to find a way to find out about his daughter's status. He had brought the following with him at the interview that showed the following:
    1- A letter from the university showing the current and previous status of his daughter.
    2- Letters of declarations signed by him and his wife confirming they have never filed anything for his daughter.
    3- Letter from the university showing my brother previous legal status in the US.
    His family has literally torn apart; his wife is a half way there completing her master’s degree and she is all by herself no family or friends around here. Her doctor provided a statement about here addressed to the US embassy explaining how devastated she currently is.
    We don't know what to do at the moment, we know that he will get refused again if he applied again. He contacted the USCIS and state department to check up on his daughter's status they told him she is on a valid US visa. Your further help would be highly appreciated.

    Thanks,

    NZR

  • #2
    Anyone could help?

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