USA visa Asylum issue

[YoyoTofi]

Hi All,

I went last Friday to the consular of USA in Toronto for a visa appointment for Business purposes and I brought a letter from my company that they need me to travel and so on, Also I applied to the visa with my RTD not with my National Passport.

To let you know about myself, I was a refugee but now I hold a PR status. I came to Canada through USA border.

The visa officer asked me how I became a refugee, So I told her that I came from middle east to United State then I went to Canada through USA, She said my visa will be rejected because of that. Also she said United State won’t give a visa for a person he claimed refugee through USA and she told me you must claim asylum when you reached US at that time.

I was shocked and couldn’t say anything because I thought since I have a PR card so the visa won’t be hard to get beside I have two visa for USA before, I left the office with very sad feelings and broken hopes.

I know some refugee claimant in this form who came to Canada through USA have got visa to visit USA but I don’t know why is that happened to me.

I need the visa, my situation is really bad and I could loss my job because my company need someone who have the ability to travel.

Please help.

 

[scylla]

There's really nothing you can do but apply for the US visa and hope for the best. It's impossible for any of us to say whether you will be refused or approved.

Good luck - hope you are approved.

 

[WishuWereHere]

Sorry to hear that but that is really not a good way to reject a visa?! Keep us posted if you plan to apply next time.

 

[YoyoTofi]

There's really nothing you can do but apply for the US visa and hope for the best. It's impossible for any of us to say whether you will be refused or approved.

Good luck - hope you are approved.

Thanks scylla, I really need a good luck.

Couple questions 4 you :


-Have you ever heard about such law/rule or a situation similar to mine?

-I will try to apply again but I am afraid that the answer will be same since they can see everything on my file so do you have any idea about what to tell them? Should I mention that i know people same my situation and they got their visa?

 

[YoyoTofi]

Sorry to hear that but that is really not a good way to reject a visa?! Keep us posted if you plan to apply next time.

Man, I feel have no luck even if I applied again and I am sure there is people have same case as mine and they got a visa for USA.

 

[scylla]

-Have you ever heard about such law/rule or a situation similar to mine?

-I will try to apply again but I am afraid that the answer will be same since they can see everything on my file so do you have any idea about what to tell them? Should I mention that i know people same my situation and they got their visa?

It's not about laws or rules. The US is free to approve or refuse whoever they want to when it comes to visitor visas. Although they probably do have general guidelines they follow. And yes - I have certainly hear of many cases where individuals who have PR status in Canada have been refused visitor visas to the US (this includes many people who came to Canada as regular immigrants and not refugees). I'm not sure there's any point reapplying until you have been in Canada longer and have stronger ties to this country.

No - I certainly would NOT mention that you know people in the same situation as yourself who got their visa. It's not about what has happened to others - each application is individual. Mentioning that other people with the same situation have been approved will probably be taken negatively by US immigration - it will sound like you're telling them what to do.

 

[CanV]

Hi All,

I went last Friday to the consular of USA in Toronto for a visa appointment for Business purposes and I brought a letter from my company that they need me to travel and so on, Also I applied to the visa with my RTD not with my National Passport.

To let you know about myself, I was a refugee but now I hold a PR status. I came to Canada through USA border.

The visa officer asked me how I became a refugee, So I told her that I came from middle east to United State then I went to Canada through USA, She said my visa will be rejected because of that. Also she said United State won't give a visa for a person he claimed refugee through USA and she told me you must claim asylum when you reached US at that time.

I was shocked and couldn't say anything because I thought since I have a PR card so the visa won't be hard to get beside I have two visa for USA before, I left the office with very sad feelings and broken hopes.

I know some refugee claimant in this form who came to Canada through USA have got visa to visit USA but I don't know why is that happened to me.

I need the visa, my situation is really bad and I could loss my job because my company need someone who have the ability to travel.

Please help.

You did not break any US laws. The officer can refuse you for multiple reasons but what you did does not fall under any ineligibility section of the INA. Provide the section you were refused under so we may recommend what you need to do to overcome the decision in your visa application.

 

[YoyoTofi]

You did not break any US laws. The officer can refuse you for multiple reasons but what you did does not fall under any ineligibility section of the INA. Provide the section you were refused under so we may recommend what you need to do to overcome the decision in your visa application.

The officer gave me a pink paper and it said "This is to inform you that you have been found ineligible for a nonimmigrant visa under Section 214(b) of the U.S. immigrant and Nationally Act. A denial under section 214(b) means that you were not able demonstrate that your intended activities in the United State would be consistent with the classification of nonimmigrant visa for which you applied,........etc"

CanV, FYI I did demonstrate my ties to Canada and I show him that I have a full time job position beside a family and kid who were born and Canada and above all that I am holding PR status and I show them my PR card.

Thanks CanV, You do not know how much is this important to me and I would appreciate any help you provide.

 

[Lammawitch]

Ok, your visa refusal has nothing to do with your refugee status nor where you did or didn't claim asylum.

It's because "you were not able demonstrate that your intended activities in the United State would be consistent with the classification of nonimmigrant visa for which you applied,........etc"

So, which visa did you apply for? A B1?

And what duties did you/the company specify you were to perform while in the U.S. ?

So, at a guess: either you applied for the wrong visa, or your intended activities do t meet the criteria for business.

Oh, & P.S. : the VO was probably talking about this:
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
in relation to your refugee claim, (but it's a moot point as Canada granted you asylum ).

 

[YoyoTofi]

Ok, your visa refusal has nothing to do with your refugee status nor where you did or didn't claim asylum.

It's because "you were not able demonstrate that your intended activities in the United State would be consistent with the classification of nonimmigrant visa for which you applied,........etc"

So, which visa did you apply for? A B1?

And what duties did you/the company specify you were to perform while in the U.S. ?

So, at a guess: either you applied for the wrong visa, or your intended activities do t meet the criteria for business.

Oh, & P.S. : the VO was probably talking about this:
http://www.cic.gc.ca/english/department/laws-policy/menu-safethird.asp
in relation to your refugee claim, (but it's a moot point as Canada granted you asylum ).

Hi Lammawitch,

Thanks for your words on this subject, I did apply under B1/B2 category which is includes both types "tourist and business".

For the records, This was the third time I got a refusal under section 214(b) but this time they told me because of my claim to Canada through USA.

The officer did not bother her self to look on the letter from my Employee, And this letter was very detailed, It was about doing an After sales services in the united state and I know many people working with me got their visa very easy and they used same letter and same steps.

Lastly, the officer advised me that I should not apply again because this is a waste of money and is impossible to give the visa because I should claim a refugee in the USA not in Canada.

Any more advises? Please?

 

[scylla]

If you've been refused three times then I agree there is no point applying again this year. You should wait until you have been a PR of Canada for a longer period of time before you try reapplying. This will allow you to establish stronger ties to Canada which will hopefully override the concerns the US has about allowing you to enter. I would wait at least six months before trying to apply again - or a year if possible. Good luck.