US visitor's visa for PR

[mattthedog]

Hello Everyone,

I have a question in regards to my not-so-successful previous history with US embassy and getting their B1/B2 visitors visa.

A few words about me: I'm just over 30 yo, single, no family in Canada, educated (Masters Degree from foreign country plus local college diploma in IT here in Toronto), years of work experience, good stable job (technically its self-employed and I've had it for about a year but good income), ahve been living in Canada since 2012 (almost 5 years)

Just got my pr a week ago and need a US visa since I want to take a direct flight from NYC to my home city to visit my dad that I haven't seen in like 4 years. Problem is I was refused two times prior to that so I need some advise on what the strategy should be when I talk to the VO at the US embassy.

First rejection I got back in 2012 in my home country when I just got my Canadian student visa. When I came for an interview the guy saw my Canadian visa and asked for my plans. To which I replied that I'm gonna study, then work and, who knows, maybe will stay in Canada (Then I realized it was a stupid answer however my reasoning was that as long as I did not have any immigration plans for the US i should be good. This of course turned out not to be the case). However one thing to note - the guy did not make any notes in the system and just gave me the refusal sheet 214b.

Second time I applied after being in Canada for almost a year still on my student visa. The officer asked me a question: "what are you planning on doing after graduating?" to which I replied that I have not decided yet but its possible that I may return home after studies are done (hoping I would 1) not be struck again for saying I got plans for staying in Canada and 2) it really was the case since I was in a bit of a difficult financial situation and though I could run out of money at the time). But then VO saw that I applied for the greencard that year (I did this every year and not only for myself and never thought it would be a problem when you apply for the US visitor's visa) and refused me for the second time. After that he said there is nothing wrong with me its just I need ties etc. BTW, after that I stopped applying for the greencard ever since.

Now finally, I have just received my PR in Canada (haven't landed yet) and I need US visa to get a direct flight to my home country from NYC (I'm in Toronto) to see my dad that I haven't seen for like a few years. I can take a flight from Toronto as well but there are no direct ones and I hate layovers.

I really don't want to step on the same rack again by saying something I shouldn't. The reality is: I DO NOT want to immigrate to the US and this is truly ridiculous for them to think that I would want to overstay my visa in the US based on my situation. Like why in the hell would I sacrifice my good job, years of education plus qualified work and precious status I worked so hard to get for staying illegally in the US??? To have no rights after all and loose my PR??? And what is the point of that especially since I will be able to get my Canadian passport in 2 years and not ask for this damn visa at all??

So I need to plan how should I conduct the conversation with a VO this time. So therefore there is one pivotal question: Should I let him lead the convo by replying to his/her questions or just start defending my case right off the bat even before they ask me anything? (I've got plenty of things I can say that can support my case). Or just wait for him/her to finish and if I'm refused again say something like: "I think there has been a misunderstanding, please let me give you the facts to consider etc.. (They did not ask for any docs ever before... Did not even ask about my job, experience, what I was doing before...nothing).

Please advise.

 

[bellaluna]

Well...you pretty much set yourself up for failure the first two times by having far too flexible future plans. Although to be honest, even before the interview, the decision was already pretty much made...it's profiling.

I assume your self-employment is more for tax reasons, and it's a pretty common setup in Canada. Anyway, since you've had this job for five years and already got PR status, you should be good for this next application. I think your circumstances are in your favor this time. The best tip I can offer you is do not offer more information than what you are asked, contrary to what you were planning to do: always answer to the point and no more than that (Q: how long have you been working? A: 5 years, Q: What is your status in Canada? A: permanent resident, Q: What is your annual salary? A: $XXXX, etc.)

You won't know until you try, just go ahead. Good luck.

 

[next2015]

Hi,
I think the idea of you controlling the conversation is unrealistic - we both know the officer will ask the questions, you simply give the answers. If you talk too much, you're likely to rub the officer the wrong way - not good! From your story, it seems to me like you answer the questions excessively. You need to give precise answers - a simple direct answer, one that won't prompt more questions on a subject.

My advice... Land in Canada, then apply for a visa. It's a much easier route. You said, you hate stops in your flight route, but I think that's a small price to pay for someone that hasn't seen their dad in 4 years. The chances of accepting your visa application are much higher in Canada.

Good luck.