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Hi guys, I wonder if you could shed some light on the reason for this refusal.
My wife filed for asylum in USA in July 2016 from her 10 year b2 visa which has now expired. She is from Venezuela.
I?m a British citizen and met her on vacation, We got married and she moved to England with me in January 2018. She retracted her pending asylum and has status in the uk to live and work on her spouse visa.
We want to visit her her parents and sister who are also in USA with pending asylum cases, since they are unable to leave the country. After a short interview yesterday she was refused on 214b.
The officer yesterday asked her where her parents lived and why she was in the USA for 18 months. I am under the impression the officer also assumed ( possibly from miscommunication on my wife?s part) that she was granted asylum, and after she requested to see her asylum document, my wife handed her the pending asylum papers she had before and the Officer told her that ? they are the wrong papers?. And then refused the visa.
I know people with pending asylum are exempt from the overstaying rules i.e the 3 and 10 year bars as per the immigration refusal handbook.
Can anyone see any logical reason I?m missing? Is it to do with her having asylum there before or her parents having asylum there? Or a misunderstanding in the interview? If she is happily married in another country, there surely is no threat that she will move back to the USA illegally!
Thanks for your time
Stefan
My wife filed for asylum in USA in July 2016 from her 10 year b2 visa which has now expired. She is from Venezuela.
I?m a British citizen and met her on vacation, We got married and she moved to England with me in January 2018. She retracted her pending asylum and has status in the uk to live and work on her spouse visa.
We want to visit her her parents and sister who are also in USA with pending asylum cases, since they are unable to leave the country. After a short interview yesterday she was refused on 214b.
The officer yesterday asked her where her parents lived and why she was in the USA for 18 months. I am under the impression the officer also assumed ( possibly from miscommunication on my wife?s part) that she was granted asylum, and after she requested to see her asylum document, my wife handed her the pending asylum papers she had before and the Officer told her that ? they are the wrong papers?. And then refused the visa.
I know people with pending asylum are exempt from the overstaying rules i.e the 3 and 10 year bars as per the immigration refusal handbook.
Can anyone see any logical reason I?m missing? Is it to do with her having asylum there before or her parents having asylum there? Or a misunderstanding in the interview? If she is happily married in another country, there surely is no threat that she will move back to the USA illegally!
Thanks for your time
Stefan
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