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US Visa - denied twice

My nasty experience

Osav
post 17.Dec.2012, 01:18 PM
Post #1
Joined: 29.Oct.2011

Hi All

Recently I had nasty experience of being denied twice in US embassy for B1/B2 visa.

I am 42, living with my family here in Sweden for 2 years. I am owner of telecom business in Estonia since 2007, and in Sweden since 2009. We have partners in many countries, and in last few years I travelled to more than 20 countries, mostly in Europe, but I never been to States, because I did not want to go through visa hassles.

This time visit was really important, so I went to US embassy in Stockholm in June, when my longtime partner in US invited me to New York to discuss our common project.

I brought to embassy partner’s invitation, company registration paper and our contract. Unfortunately, I was not aware they require extra documents from Non-Nordic citizens (they are listed under “General Information”). The guy asked few questions and told me to wait. In the meantime all the other applicants passed, and I was the last one when he called me again. After more questions he returned my documents, telling me that he does not understand my business and marked standard refusal reason “not enough ties with Sweden”. I was so surprised, because I never was denied visa in before, but smiled and wished him a nice day.

What’s even more, the paper he gave to me says now I am ineligible for ESTA program, and has to apply for US visa when I get the Swedish passport.

I did not think it was fair, and when I told my friend in US about what happened, he said, why don’t you come here for the New Year, I’ll give you invitation, everyone I knew got US visas…

So I applied again for B2 (tourist visa), this time brought them all documents (permanent residence permit, company annual report, property ownership, etc.).
The interview was quick this time, the lady asked why my wife does not travel (she is staying at home with our little son, and she is pregnant), she asked me to pay $20 for visa issuance fee, (which is paid only by applicants who are approved), and took all my documents and passport.

However, two days later, I got email from the embassy, telling that my visa has been refused under section 214b of U.S. Immigration and Nationality Act, and they are sending back my passport along with refusal letter.
I was pissed off, as I spent about 3600 kronor to travel to Stockholm, and for visa application each time, all for nothing, besides got a cold while waiting to enter the embassy.

I understand, that “immigration to US is not a right”, as they say, but being the owner of business with l turnover of 4 million USD, and my wife and son waiting for me at home, I guess they could recognize that I do not dream to end up as illegal immigrant in USA.

Oh, yes - maybe the only reason is that I am Russian?

Now I wish I would not even try to apply for damn visa, so that I could see Grand Canyon with Swedish passport, now this country is closed for me long, maybe forever, without a reason.

So, if you are visa national, think twice before applying for US visa in Stockholm.
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Pursuivant
post 17.Dec.2012, 02:24 PM
Post #2
Joined: 12.Aug.2008

So, who is to blame for all this?

QUOTE
Unfortunately, I was not aware they require extra documents from Non-Nordic citizens (they are listed under “General Information”).

In other words, you need to look in the mirror. Your B1 was refused due to your own mistake, your B2 was refused for you having a black mark against your name... blaming your friend might help for a while, but it was you who listened to him.
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John.Smith
post 17.Dec.2012, 02:32 PM
Post #3
Location: Sweden
Joined: 12.Sep.2011

Making 2 visa applications in such close proximity rang some alarm bells.
What does a visa denial under INA section 214b mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214b, it means that you:

  • Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
  • Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)
What are considered strong ties to my home country?

Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:

  • Your job;
  • Your home; and/or
  • Your relationships with family and friends.
While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant's departure after a temporary visit.

Is a refusal under section 214b permanent?

No. A refusal, or ineligibility, under section 214b is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.
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Yorkshireman
post 17.Dec.2012, 03:26 PM
Post #4
Joined: 22.Nov.2011

Sounds like You applied first for a B1 (work visitor) then for a B2 (tourist) ...since you failed the 1st, then applying for a tourist visa and not having the family travel with You, most likely rang the not-a-tourist visit bell very loudly.
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organic225
post 17.Dec.2012, 06:05 PM
Post #5
Joined: 7.Apr.2012

QUOTE (Osav @ 17.Dec.2012, 01:18 PM) *
Hi AllRecently I had nasty experience of being denied twice in US embassy for B1/B2 visa.I am 42, living with my family here in Sweden for 2 years. I am owner of telecom busin ... (show full quote)

I understand your need to vent, as you've undoubtedly had a frustrating experience. Hopefully next time you will pay closer attention to the requirements.
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Osav
post 17.Dec.2012, 07:24 PM
Post #6
Joined: 29.Oct.2011

I think the reason of 1st denial was the fact I was living in Sweden less than 2 years by then, with temporary resident permit. They do not care about the fact I have job and family here.

If I would bring them documents about my business in other countries, they perhaps would decide I have no ties with Sweden (the guy noticed UK stamps in my passport and asked me what I did there, I explained that I flew to Portugal via UK for business).

Travelling without family: they want that someone would stay at home, if whole family applies for the US visa for the 1st time, they considered as immigrants. Only having history of travels to US I would have a chance to bring my family there for holidays.

The reason of 2nd denial, yes, it was perhaps 1st denial, they might think I am desperate to enter US for any reason.

Anyway, I will not bother to apply for US visas anymore, at least until I get the Swedish passport, then if I want to travel there with my family, I will have to pass this humiliating experience again, I wonder what they would say then.

I think there is no other country, treating everyone as illegal immigrant by default, and especialy one should avoid to apply for US visas in a different country, than where his/her passport is issued.
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Yorkshireman
post 17.Dec.2012, 08:01 PM
Post #7
Joined: 22.Nov.2011

QUOTE (Osav @ 17.Dec.2012, 07:24 PM) *
I think there is no other country, treating everyone as illegal immigrant by default, and especialy one should avoid to apply for US visas in a different country, than where h ... (show full quote)

Maybe You misunderstand the starting point. Even Sweden has an overall rule for issuing of temporary permits, and that rule is ...if the likelyhood that the person the visa is being issued to is that they will not respect the expiration/duration of the permit and leave the country when necessary, they will not issue one.
Hence, earlier this year when the Syrian youth footballers were refused temporary permits to come to Sweden to play in the Gothia Cup. The reasoning was exactly that, due to the troubles in Syria it was unlikely the footballers would return home, so they could not have permits.
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Pursuivant
post 18.Dec.2012, 11:56 AM
Post #8
Joined: 12.Aug.2008

QUOTE
If I would bring them documents about my business in other countries, they perhaps would decide I have no ties with Sweden (the guy noticed UK stamps in my passport and asked me what I did there, I explained that I flew to Portugal via UK for business).

Well... DUH! of course if you have a business that requires travelling, you travel. Thats what a travelling salesman does, travels. Without proof of business and travelling, you could be a drug mule all anyone can tell...
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althegreatest
post 18.Dec.2012, 10:41 PM
Post #9
Joined: 10.Aug.2009

QUOTE (Osav @ 17.Dec.2012, 07:24 PM) *
at least until I get the Swedish passport, then if I want to travel there with my family, I will have to pass this humiliating experience again, I wonder what they would say then. . ,

As far as i know being naturalised as a Swede only makes things worse for yourself. You might travel visa free but they still have the right to deny you entry at any port of entry in the US and believe you me -they will!
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axiom
post 19.Dec.2012, 03:15 PM
Post #10
Location: Stockholm
Joined: 24.May.2011

I do find it interesting that once you have been denied a visa you are disqualified from the ESTA programme , however it is what it is, I think it makes sense for someone who moves to Sweden and is interested in visiting the USA to wait until they have gained Swedish Citizenship, otherwise if you get a rejection, you are treated as a visa national for ever.
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Case officer
post 19.Dec.2012, 06:41 PM
Post #11
Joined: 25.Jul.2012

QUOTE (althegreatest @ 18.Dec.2012, 10:41 PM) *
As far as i know being naturalised as a Swede only makes things worse for yourself. You might travel visa free but they still have the right to deny you entry at any port of e ... (show full quote)

I'm meeting a lot of the attitude that as soon as you get a Swedish passport you can travel to the US or other countries as much as you like. The Swedish passport will say your place of birth and you may still be denied entry at the border control for any spurious reason.
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Vi
post 19.Dec.2012, 08:44 PM
Post #12
Location: Skåne
Joined: 22.Apr.2008

It was only some flying students who were let into US that led do Sep 11 ... So the consular officials are too cautious to allow anyone with even a slight doubt that they would be considered responsible for that in the future ... So its possible that they prefer to piss off some people for the extra security it might provide.

I have similar experiance , though it went to Administrative Processing .. But the outcome was OK.
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