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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I'm a U.S. citizen living in Thailand. My wife has just

Customer Question

I'm a U.S. citizen living in Thailand. My wife has just received a ten year visa to the U.S. I'm trying to get my wife's daughter, my step daughter a tourist visa to travel with us to the states. We've tried two times and denied both times. I've since provided more documents such as itinerary and an I-134 affidavit from my nephew in New Orleans. Is there anything else we can do to help with the visa?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

What is your immigration status in Thailand?

How old is your step daughter?

Did they deny on 214(b) intent to return?

Judith

Customer: replied 1 year ago.
I'm on a marriage visa in Thailand. My daughter was denied on with the standard letter saying she didn't meet the needs of the officer.
Customer: replied 1 year ago.
She's 16 years old.
Customer: replied 1 year ago.
Hello
Expert:  Judith replied 1 year ago.

I am here

Expert:  Judith replied 1 year ago.

There was a delay with the posting of your response and me seeing it.

Customer: replied 1 year ago.
Ok
Customer: replied 1 year ago.
Waiting for an answer!
Expert:  Judith replied 1 year ago.

The best way is a history. If you and your wife and step-daughter have traveled to other countries and returned to Thailand that is favorable evidence .

If you and your wife travel to the US and then return to Thailand that is also favorable evidence.

It seems that the consular officer has doubts that if the entire family travels to the US you will not return.

What are your compelling ties to Thailand? Do you work there? Do you own your home there? How long have you been a resident there?

Judith

Expert:  Judith replied 1 year ago.

Sir, I am typing as fast as I can, I'm sorry but there are a lot of things that go into thing through a strategy when your step daughter has two refusals.

Judith

Expert:  Judith replied 1 year ago.

I need to see a complete picture of your situation. It is not black and white as you know so well. Your wife was very fortunate to get her visa. Now I need additional facts for your step daughter. Did your wife get the visa on first try?

Judith

Customer: replied 1 year ago.
I own a home with my wife but it's in her name. I've lived in Thailand for 20 years. My daughter has never been out of Thailand. She's lived with us since she was two years old. We have all the photos but the officers won't even look at them or any of the documents.
Customer: replied 1 year ago.
It took my wife 5 times
Customer: replied 1 year ago.
We're trying to go to a family reunion on October 24th in Mississippi. My daughter has never met my son and daughter in the states or most of my family.
Customer: replied 1 year ago.
My daughter was standing next to my wife when she received her ten year visa and my daughter was denied.
Expert:  Judith replied 1 year ago.

There is no appeal of a denial. You can however write a a letter to the chief of the nonimmigrant visa section and ask them to review your step-daughter's case and set out in the letter all of your compelling ties to Thailand. Since you have been there 20 years you must have substantial ties there now.

Put those in the letter. Explain your residential history there. Explain the purpose of the trip. If your parents are elderly and want to meet your family put that in the letter. Tell t hem about the family reunion and how important it is for your son and daughter to meet your step-daughter and wife.

Short of applying again or hiring a lawyer who specializes in consular processing that is the only way to try to get reconsideration.

That was a mean and nasty consular officer! Really most insensitive and mean.

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

Expert:  Judith replied 1 year ago.

In your letter put that that Foreign Affairs Manual clearly states that a visa should not be refused for a visitor visa by making part of the family remain in the home country to insure the return of the other family member(s).

You may also want to read this article written by a consular officer, very enlightening as to how they make their decisions.

http://www.ilw.com/articles/2009,0528-schwartz.shtm

Judith

Expert:  Judith replied 1 year ago.

It becomes very confusing when you open two threads. I will have the other closed out.

I know using an agency does create a "flag" because they often manufacture evidence and consul are very suspect of agencies working with visa applicants.

You are much better off filing the DS-160 yourselves online and going back in with the additional evidence of the reunion.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.

Judith

Customer: replied 1 year ago.
The DS-160 form was filled out my me the first time and the agent the second time with being denied both times. You've not offered any solutions. Writing to any manager doesn't help as I've done that before in my wife's case. Their reply was they allow their officers to make decisions and they stand by them. I can't believe someone with 34 years experience in immigration law wouldn't have better answers. It's plain and simple the officers only see a 16 year old girl wanting to go to the states. They can't take the time to look at all the documents which shows proof of her reasons for the trip. It seems when you try to do the right thing and apply the correct way you're deemed a possible problem.
Expert:  Judith replied 1 year ago.

Sir, I understand your frustration. No need to take out your disappointment with the system on me. I do not control the Dept of State and you know there is no appeal. Our system is not without it's flaws and I only wish I could fix them.

All the best and I'll hope you get a favorable decision and she can meet her family in the US.

Judith

Customer: replied 1 year ago.
You didn't offer any solutions. You should know it doesn't do any good to write to their manager as their answer is final.
Expert:  Judith replied 1 year ago.

Sir, I don't want to be adversarial but I have had many visa refusals turned around in my years by sending emails and calling the unit chiefs. So I cannot say that I know it does no good because I have experienced otherwise.

Again, I am hoping for a positive outcome for your step-daughter as I consider family unity a very very important aspect of immigration law. Nothing but good could come from her meeting her American relatives.

All the best,

Judith