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Compelling need to reapply 2 weeks after visa rejection

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  • Compelling need to reapply 2 weeks after visa rejection

    Hi All,

    Sorry for the long post, you might skip what you feel unnecessary. I just wanted to compile the complete case, so that minimum questions arise.

    Background
    I am a Pakistani national, living in Pakistan. My mother died 5 weeks after going to the US, due to sudden heart failure, in January. I contacted the American Express office who said that you need to show the proof of death in order to be considered for an expedited visa appointment. My father is in the US and informed that the death certificate would require few days. So he proceeded with her funeral and burial there. The Vital records certificate supposedly required or an expedited appointment was not received until around 4 weeks after her death. Once I had the death certificate, I proceeded with the DS-160, and to my dismay it didn’t inquire about the reason for my travel. Around February 14, there was a worldwide outage of online visa application services for about 5 days. Once rectified, I received an appointment date for Feb 27.

    At the embassy
    There were 4 windows for NIV processing and I was waiting right next to these and could hear all the interviews before my turn. Officers at 2 windows were having lengthy interviews and were approving visas for some and denying to some. The officer at the window right in front of me was taking lengthy interviews and granting visas to all, even to the ones who played it real bad. Not a single rejection, the max she did was to put a case on pending for missing documents. The officer in the last window wasn’t visible but she didn’t approve a single case. I had already lost some hope when my series started at that counter, but I proceeded with faith that the visa officer will take an unbiased interview and I had a strong case. But my interview wasn’t any different. Before jumping on to the interview.

    About me and my ties: I am 37 years old, married, have 4 kids, doing a very respectable job (managing a software project and also as a visiting faculty in a university) with an above average salary. I have accumulated paid leaves of around 7 weeks. I have credit cards, bank accounts, properties, car in my name. I am a regular tax payer. My children go to good private schools. I live in my family home. The documentary proofs of all these were with me at the time of interview.

    Reason for travel: I do not intend to go the US for leisure or business, rather for emotional support to my dad who has just lost his companion of around 50 years and is heart-broken in this old age. This is not the time for me to leave him alone, he needs me now more than ever. I need to get him back to life. My sister (US citizen) is there for over 10 years and though she has been visiting us, I had no plans to visit her. For me, no reason could be more compelling to go than emotional support for my father at this time. I'm not sure how this fits in the US culture, but condoling your near ones at the loss of a loved one is the least everyone does.

    Outcome
    During the interview, I was asked the following questions and then handed the ineligibility under clause 214(b) paper. They keep insisting that the visa officers are trained to judge by asking a few questions but my ties were not determined. My ties are so strong that I can’t shift to another city within the country, what to say of shifting outside the country.

    What next? I am planning to reapply as I need to support my father at this time, who is in his late seventies. I have heard there isn’t any cool off period, though it is suggested to wait for a few months. I would have little reason to go after few months, now is the time when he needs me. As per law, a new visa officer would take my interview. But based on my interview below, can someone hint at what went wrong?

    The Interview

    VO: Why do you want to go?
    My mother died in the US (not sure if I mentioned last month)
    VO: I’m sorry for your loss.
    Since none of us could make it to her funeral, so I want to go visit my Father and Sister.
    VO: When do you plan to go and for how long?
    It depends how early I get the passport, I plan to stay there 4 to 6 weeks but I have to be back before May.
    VO: Where does your father live?
    City name, TX
    VO: Is he a citizen?
    No, he is a LPR, but my sister is a citizen
    VO: So what do you do sir?
    I am a software lead developer.
    VO: What is your salary?
    My monthly salary is PKR ***,***/-
    VO: So why are you going now? (with a somewhat confused look)
    I want to be with my father at this time and also I want to visit my mother’s grave.
    VO: Have you ever travelled abroad? And where?
    Yes, I have been to India, Kuwait and Saudi Arabia.
    VO: Can I see your earlier passport?
    Slided the passport that had all those visas.
    VO: Please give me a minute, I need to enter some data.
    After entering date from my passport, slides back my passport along with a yellow page (which I later find to be Rejection under 214(b))
    VO: Sorry sir, but US laws are very strict and you do not qualify for a visa at this time.

    I didn’t continue the discussion as I believe there isn’t any point once she had made up her mind, though I felt that she was unfair to my case.

    Regards,
    broker

  • #2
    Before considering ties , they look at the purpose.

    To her, going at this time especially for 4-6 wks did not make any sense when funeral etc. was all over.
    It is different in their culture.

    that is why she asked again, " so why do you have to go now"?

    Reapplying , go for a shorter duration like 2 wks. Your purpose will at least match the duration.

    Comment


    • #3
      That makes sense, I also thought the same but since I am going for the first and probably the last time, I wanted to spend time with my father and sister. But probably I should have concealed the actual duration that I was going for. By the way, if I re-apply I'll automatically have to reduce it to about 3 weeks, since I need to get back before May. But what about the fact that it is already in their data.

      Anyways, thanks.

      Comment


      • #4
        Does this mean that my case has been irreversibly damaged? And any other points that I should keep in mind when I reapply.

        Regards,
        broker

        Comment


        • #5
          No irreversible damage. Just wait a few months ,
          then apply with a purpose just to meet them ( no need to mention demise).

          I would really advise against applying just now. you are very likely to be denied again.

          Comment


          • #6
            Originally posted by peace999 View Post
            No irreversible damage. Just wait a few months ,
            then apply with a purpose just to meet them ( no need to mention demise).

            I would really advise against applying just now. you are very likely to be denied again.
            I would agree, reapplying now would show desperation, although I was inclining towards taking a chance now, and if that too doesn't work, then attempt after a few months as you've suggested. But seems like I'll have to think it over.

            Thanks
            broker

            Comment


            • #7
              Have re-applied and will appear for interview on March 17. I just hope the outcome is in my favor this time around.

              Comment

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