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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28196
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Good afternoon, Would highly appreciate if you provide me

Customer Question

Good afternoon,
Would highly appreciate if you provide me your advise please on my following question: Have applied for visitor visa (non Immigrant) for short visit of Miami USA and the visa application was refused as ineligible for a nonimmigrant visa under Section 214(b) of the U.S. Immigration and Nationality Act. My question is WHERE MAY I APPEAL?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
There is no right of appeal but you can request reconsideration from the chief of the consular section and the Consul General.
What Embassy refused your visa based on lack of intent to return?
What documents did you bring to prove your compelling ties to your country?
What was purpose of visit to Miami?
Judith
Customer: replied 1 year ago.
Hello Judith, thank you for your interest in my case.
First point is clear, it is referring to our country where I submitted the application, but what about US, where to communicate and appeal regarding my visa refusal in the US?
-The American Consular Section in Skopje , the R. of Macedonia refused my visa and as noted -under Section 214(b) of the U.S. Immigration and Nationality Act. A denial under Section 214(b) means/not able to demonstrate that my intended activities in the United States would be consistent with the classification of the nonimmigrant visa for which I've applied.
- The entire documentation asked from the American Consular Section in Skopje I provided them, also the translate asked...plus I'm married for 17 years, have wife and three minor children, business on my name , also I provided Notarized Declaration of my father, where he is stating that my father leaves to me for an inheritance real property apprised in approximate above EUR 5 Million, which document is not considered in my opinion.
- The purpose of my trip in Miami is to accompany my minor daughter, which is 15 years old, she is winner of the first prize as model in a international online contest which is organized from US company from Miami, and the winner price is a professional photo shooting in period from three days in their premises in Miami, the travelling and the accommodation expenses are all included in the winner’s prize and covered from the US company including the insurance for both of us. Since my daughter is 15 years old, it is necessary to be in the presence of one of her parents, i.e.me. The company from US provided invitation letter to the US Embassy in Skopje stating clearly the time frame and the purpose of the issuing visitor visa - non immigrant for both of us.
Highly appreciate your kind advise,
Awaiting.
Expert:  Judith replied 1 year ago.
There is no appeal in the US. There is no appeal through the Dept of State or the Embassy. There is no appeal at all. The denial is totally discretionary and your only option is to request reconsideration or file another visa application and take in compelling evidence of your ties, such as ownership of your residence or a long term binding lease, employment where you have held the position for a considerable period of time and have developed a career at it and would not abandon it, I have heard recently several rejections of legitimate visa applications in Skopje. It appears there is a pattern developing.You would need to send the request for review and reconsideration to:Barton J. PutneyDeputy Chief of MissionStr. "Samoilova" Nr.21 1000 SkopjeRepublic of MacedoniaYou can send a request for an advisory opinion to the Visa Office at the Dept of State in Washington but it will not be well received because they defer to the discretionary determination of the visa officer. Your better chance is to request review and reconsideration.Here is the address for the Advisory Opinion and the format the request has to take:Jeffrey Gorsky,Chief Advisory OpinionsDOS Office of Legislation, Regulations and Advisory Assistance2401 E Street NWWDC###-##-####ISA OFFICE INQUIRY FORMPOST:Date of Inquiry:Nature of Inquiry:Communication Problems?Post Procedure Response?Advisory Opinion?Security Clearance?Have you contacted post directly?Yes? No?When:How:Phone? Mail? Fax? E-Mail?Name of person you contacted (if known):Attach correspondence, if any:Full Name(s)*, Nationality, and Place and Date of Birth of Foreign National:Current Visa Status in U.S., if any:Type of Visa:Immigrant? (Category)Nonimmigrant? (Category)IV Case Number:NIV Appointment Number:Address:Phone:My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
Dear Judith,
Thank you for so far explanation, let me ASAP provide several information not mentioned in the previous points in order to double check the respond on this sensitive issue.
Expert:  Judith replied 1 year ago.
OK.
Judith