My wife has previously been rejected for a US visit visa about 4 years ago. Once she gets her Canadian passport, is she eligible to travel to the US without a visa, or does she still have to apply for a visa at the US consulate?
Thx
R
Location: Western Hemisphere
Posted on: 21-03-06 14:36:44
She is eligible to travel to US without a visa since the Cdn passport allows her to.
However, the decision of her being allowed into the country still rests at the port of entry. If her prior visa rejection was due to lack of evidence or documentation, there should not be any issue now. If it is something more serious, there may be issues.
Just bear in mind that her name has already been noted in US database (whatever that might be) as a person whose visa was rejected. If (that's a big if) they check her name against their records, there's a possibility of more detailed questioning.
Hope this helps.
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Dimple2001
She had applied under her maiden name for the US visa, but the passport will be under my surname. Does that matter? Also, she was rejected on 214b. But does anybody know about anybody being rejected from entry due to previous rejections at the consulate?
Is there anyway to find out exactly what the reasons for her rejection were? Would a Congressman's office be able to find out? Thx
RD
Location: Western Hemisphere
Posted on: 21-03-06 17:00:30
Try this link.
http://www.immiseek.com/content_display.php?content=visareject#IS%20A%20DENIAL%20UNDER%20SECTION%20214(B)%20PERMANENT?
The link tells what 214b possibly is. You can deduce the reasons why she was rejected.
As far as I can tell from my experience, it all depends on the officer at the port of entry and the type of questions asked by the officer. For the most part, there might not be any issues entering US.
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Dimple2001
Quote:
Originally posted by rowdymon
She had applied under her maiden name for the US visa, but the passport will be under my surname. Does that matter? Also, she was rejected on 214b. But does anybody know about anybody being rejected from entry due to previous rejections at the consulate?
Is there anyway to find out exactly what the reasons for her rejection were? Would a Congressman's office be able to find out? Thx
RD
Rejected under 214 b
214 b states that appicant have no strong ties back in home country.
This means that the consulate officer was of the opinion that the applicant won't return to her home country, since it appears to him/her that she does not have strong ties in home country, for which she would otherwise return after the suceesful completion of the visa term.
This is one of most common reason for rejection in most of the Visitor visa cases.
But now that she is a citizen of Canada and holding a Canadina passport, I do not see much of a problem.
But if possible consult a lawyer before visiting US.
OK, thanks for that info. Now I'd like to add another layer of complexity. If everything stays on track for me, I expect to start an H1B job in the US in 4 months. Since she will still be an Indian citizen, she will require an interview at the US consulate for an H4 visa, right? Somebody once told me that H, L and R visas are exempt from the 214b rule. So would her prior rejections matter?
Thx
RD
Location: Western Hemisphere
Posted on: 21-03-06 17:22:13
Irrespective of what visa interview she goes to, she has to declare prior visa refusals in the application form. The consulate has the ability to pull all her records and see it in front of them during the interview.
Therefore, she would be asked further questions. Is it a major problem? Hard to say.
When it comes down to it, any visa can be rejected and I am sure there is a number clause that the consulate can attach to that rejection. Her options are to consult a lawyer and go well prepared with all the documents.
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Dimple2001
