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214b and 212

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  • 214b and 212

    Hi,
    I was refused access to the United States for the following reason:

    Unable to overcome Section 214 (b) of INA; therefore inadmissible under Section212(a) (7) (A) (i) (I) of the INA.

    I wasn't documented enough...

    I want to visit a friend that I met last summer. I am under 35 years old.
    He will host me and provide me with what I need for food. I might have a love interest with him, but would not know yet as I met him for less than 2 weeks back in sept 2010.

    I have my house and job at home (I took a sabbatical year). I think I can justify my ties and bonds correctly, but I have obviously not been able to have credibility about my intent of coming back because of that love interest.

    I want my chance to visit that US citizen for a few months and I want to return home after that visit (if a relationship develops, I'll then act accordingly).

    What is a valid proof of "intention to visit for pleasure" and not "intention of getting married" when an officer has already been suspecting that...?

    Is it possible to go to the USA visit a "boyfriend" for pleasure? How long before trying again after I have been stopped once?

    I understood that they suggested I go through immigration process... but I DO NOT want to move to the US now! (I might; in the future... if I pursue a love story there but there's no way I can know right now f I'll wish to change my life... )

    Can I do any arrangement (papers?) in which I engage myself to "not get married" in the next 6 months or so??

    Can I do anything like asking to report myself (to the police or border) every week to prove that I will return?

    How do I reverse the officer's thought process if he unfortunately thinks I will not return and might intent of getting married....???

    Thanks!

  • #2
    Your chances are looking bleak at the moment as to overcome 214 (b) , you will need to have a valid reason to travel.
    Visiting a boyfriend does not provide a strong enough reason and besides you are single and have not worked in the past 1 year.

    The VO will look at all this.

    For B2 Visa to be issued, you will need to provide

    1. Strong ties to Home Country
    2. Financial Stability to take care of your trip ( if sponsored then you need to establish the relationship with the sponsor ). Sponsorship by a Friend met a couple of years back here is very weak.
    3. Remember you will need to always tell the truth.

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    • #3
      re:214b--FOIA and budget needed??

      Hi,
      thanks for this quick and straight forward answer. I really appreciate.

      I did have income from home last year while traveling (differed pay from the last 3 1/2 years at my job) and I worked in Dec 2010 and Jan 2011 on my permanent job before taking a sabbatical starting last February. (I'd like to specify that I'm Canadian so that I can't ask for a visa before actually being at the airport with plane ticket and luggage.)

      I do not think that I will need sponsorship but:

      How much money does a tourist need to have for everyday that is spent in the US?
      Do the VO only looks at cash money or do my line of credit and credit cards count?

      You say that I need "to have a valid reason to travel".
      I did tell the truth and it hasn't changed that I only want to visit my friend right now. The VO assumed he is my boyfriend so; is it absolutely IMPOSSIBLE to travel to the US to visit a boyfriend?
      (I have Lots to explore with kayak and hiking boots around my friend's place, but the main reason stays the same: visit my friend and get to know him better, while enjoying the outdoors).

      A last question:
      I would like to make sure that I understood well what happened when I was returned home from the airport... (I was in shock...).
      Can I access the information written in my passenger file? (Freedom of information act?)
      How can I access the info and is this going to be harmful to me when I demand to visit the US next time??

      Thank you for the help and precious information.
      Last edited by enlasnubes; 03-21-2011, 05:11 PM. Reason: add labels in the title

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