H1B refused, Visitor Visa refused, trying third time, Please Help

[roadrunner17]

Let me give you guys a little background.

I was on student visa in UK when I applied for H1b which was refused because they 'thought' my univ is bogus. This was 5 years back.

I applied for visitor visa in Aug 2006 when I was on student permit in Canada. Again they refused it. This time they said I don't have strong ties and wouldn't return.

Mistake I made in previous applications was I didn't show that my family is in US (Mom Dad green card holder and Brother Citizen of US).

I got PR of Canada on Jan 2008, got married in Canada, my wife is Canadian citizen, I am working for well known wireless company as permanent employee at very decent position. I have house and two cars plus decent bank balance in Canada.

I want to again apply for visitor visa to meet my family as my brother is expecting a baby in May 2009. I am thinking of being 100% honest this time and I will mention that I have family there.

What you guys suggest? How good chance I have this time? Any advice will be appreciated. Thanks for reading

[txh1b]

Lying on visa application could lead to permanent denial. Your chances of getting the visa are slim.

[roadrunner17]

Thanks txh1b

Yes I understand we should not lie on the visa application but my couple of friends got rejected just because their parents were in US.

So I was kinda double minded to show my family ties there or not. In end decided not to show. Anyways if I don't get Visa this time, I guess I would wait till I get Canadian Citizenship. One more year of wait I guess.

One thing more, I changed my name in Canada from "John Smith" to "John Smith McDonald". I also have name change certificate from Canada but on my Indian passport my name is still "John Smith" and last name filed is empty.

In previous two applications I used my last name as 'Smith' which is my middle name. Now when I apply for Visa do I need to mention my last name as "Smith" or "McDonald".


Thanks

[txh1b]

You have to mention your current last name and also list all names used in the past on the forms. They ask for it.

[roadrunner17]

Thanks Sir

What you suggest, how should I reply if Visa Officer ask me why I didn't declare in my previous application that I have family in US?

[roadrunner17]

Anyone wants to share any tips or suggestions?

[roadrunner17]

So my visa got refused

I went to consulate yesterday and they refused my visa. This what happened: -

V.O : Good Morning, How are you sir?

Me : I am doing great and how are you?

V.O : Good thanks

V.O : are you permanent resident here?

Me : YES

V.O : How long have you been in Canada

ME : I came here in Jan 2006

V.O: where are you working?

Me: I am working at YYYY as YYYYY

V.O: How long have you been with YYYY ?

Me: I will complete 2 years in May 2009

V.O: Do you have family here?

Me: yes, my wife and In-Laws

V:O: You have family in States?

Me: Yes, My parents and brother.

At this point, she flipped my DS157 to double check if I wrote it down and then started typing her notes on the computer. Then pulled up pink refusal letter.

V.O : Sir, I deemed you are potential Immigrant and you have strong ties in US. Therefore I won't be able to give you visa today.

Me: I understand I have strong ties in US but I have even stronger ties in Canada.
- I own a house, I am paying mortgage,
- I own cars also paying installments,
- I am contributing to my pension and RRSP plans,
- I have full time permanent job here
- My wife and in-laws are here
- I am permanent resident here
- I have saving accounts
- I have all the reasons to come back.

V.O: Sir decision is made.
Me: Thanks and have a wonderful day
V.O: you too

Visa officer didn't look at single document, She already made her mind when she came to know I have family in US that I will not come back and she didn't consider my other circumstances.

I failed to understand what else I can show to demonstrate my ties with Canada. Even if I get those documents most likely they wont give me chance to demonstrate it.

My strong family ties in US is permanent situation, I cant change it. Does that mean I will never get US visa?

[txh1b]

Your denial is not surprising. You can try again after a while. Sometimes, they just get tired and grant you a visa.

Here's an example.

http://www.immihelp.com/forum/showthread.php?t=60181

[roadrunner17]

How much time you recommend me to wait before applying again? Ideally I wanted to go in May to see my new born Nephew and spend some time with my family.

It's not like I haven't seen my family. They always come to see me after 3-4 months but my parents are getting old. They can't travel so much. That's why I want to go n see them rather have them travel.

Good thing about this application is, they know now I have family there. I can apply for Canadian citizen in jan 2010 and I will get Citizenship in end of 2010 but I don't want to wait that long.

Please suggest how early I should apply?

[txh1b]

You can apply again next week, as early as you want to. But unless something changes significantly, VOs will not be convinced to grant you a visa. Hence it is better if you re-apply after a few months.