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  • B2 visa on AP for over a year

    Hello Everyone,
    Wanted to share experience of my mother's B2 visa renewal.
    Her visa was going to expire in March 2019 so she submitted a renewal application in Dec 2018. The application went into AP and there was no change in status for a year. After consulting with a local agent we decided to withdraw the application and reapply. She went for interview again on Feb 3. The VO asked very few questions and said the ***** words " Your visa is approved, enjoy your stay in US". Alas the happiness was short lived since she got an email the very next day stating her application for a nonimmigrant visa has been refused under Section 221(g) of the U.S. Immigration and Nationality Act.They requested form DS 5535 to be filled and returned back. Yesterday she collected her passport with a green slip in it. Was it a wrong move to withdraw previous application and reapply?

    I understand several folks had their visa in AP however in her case there was no response for almost a year. Anyone had that much of a wait before they heard something?

    Both me and my sister live in US on H1B visa so she frequently visited us on her prior visa, sometimes even twice a year. When she was here she would stay on an average for 1-2 months. We are wondering if the frequent visits is the cause of red flag?
    Another thing we noticed is that the prior visa is stamped on her expired passport. Last 2 times she traveled to US was on a new passport (this one does not have the visa stamp). There is no travel history associated with the new passport. Either there is a glitch or the entry was logged in under the old passport number (which has the visa). Not sure if this discrepancy is the reason.
    In any case not sure how this can be corrected, we are going to email them with a scanned copy of the entry stamps on new passport to see if it helps.

    I also read in forums about people asking help from local senators. Has that worked out? I see even senators get the same standard reply.

    Finally, do you guys know of any way we can find the reasoning for AP like the RTI in India (wishful thinking).

    Any other tips and suggestions are welcome.

  • #2
    I think, the withdrawal & reapplying of visa triggered a red flag, showing you are desperate to get the visa. Did she got her first visa when either of you (you & your sister) were not in USA?

    Frequent visit won't be a problem, as long as the stay is limited - for example if she is staying more time in USA, then her home country - its an issue. Did you ever happen to apply for her extension of stay?

    Stamping on the old passport could be another thing to think about.

    There is no RTI & they are not obliged to respond to you with reason of denial/AP.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Libra_14,
      Thanks for your reply. The only reason we withdrew and reapplied was it was over a year and there was no response to AP. We have had experience with AP with some of our friends and relatives but nothing lasted more than a few weeks so a year with no progress forced us to consider that option.
      She applied for visa right after I came to US. My sister was till in India at that time.

      We had never applied for extension of stay since none of the stay exceeded 6 months.

      For the stamp on old passport, do you have any suggestions?

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      • #4
        Originally posted by vaidyaadi View Post
        She applied for visa right after I came to US. My sister was till in India at that time.
        This could be another reason, that both of her kids are in USA & she can be an potential immigrant.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment

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