The
scene
- You just got
married and everything
is looking good.
Your spouse has
a great job offer
in the US and
is moving there
to start work
in a couple of
weeks. She got
her H-1B
visa at the consulate
several weeks
ago, but yours
was denied. You
are now faced
at being separated
from your new
wife for several
months (or years).
Do you reapply?
or do you just
accept the decision
of the consular
officer and wait
it out? A client,
Mr. N, came to
VisaPro with this
scenario recently.
The
background
- Mr. N had been
granted a visa
for the US in
the past. Several
years ago he had
come to the US
to pursue his
Master's degree
on an F-1
visa. As a student
you have to continue
to attend classes
full-time to maintain
your status. Unfortunately
Mr. N had some
medical issues,
he suffered from
clinical depression,
which prevented
him from attending
school. He did
not finish his
classes one semester,
was denied readmission,
and his student
status was terminated.
He worked with
the school to
get treatment
for his depression
and was given
a second chance.
He applied for
reinstatement
of his student
status and was
approved, allowing
him to continue
his studies. At
this point we
wish we could
say that everything
worked out and
he finished his
degree program
and returned to
India. But the
depression continued
to affect his
school work. He
transferred to
another school
and started over.
Unfortunately
he was no more
successful at
the new school
and soon dropped
out. He again
found himself
out of status.
Since he was no
longer in school
he no longer had
access to the
treatment that
he had been receiving
for the depression.
It took him several
years before he
was able to return
to India. Once
back in India
he was able to
get treatment
and has now overcome
the depression.
However because
he had failed
to maintain his
student status
the consular officer
denied him the
H-4
visa, and as a
consequence, the
ability to live
with his wife
in the US.
The
solution
-- When he
first came to
us Mr. N had already
been denied an
H-4 visa so we
were facing an
uphill battle.
We sat down with
Mr. N and got
a complete history.
To his credit
Mr. N had been
forth coming and
truthful with
the consular officer
at his first interview
- he did not try
to hide any of
his background.
Our analysis showed
that even though
Mr. N had been
out of status
in the US for
over 3 years he
was not subject
to the10 year
ban for being
an overstay. Because
he had entered
the US as a student
he was granted
duration of status,
meaning that he
did not have a
set date that
he had to leave
the US. Because
he did not have
a set date to
leave the US he
never "overstayed
his authorized
stay in the US,"
and therefore
never triggered
the bar. With
this in hand we
prepared an extensive
letter for Mr.
N that outlined
his background
and the law that
applied to his
situation. We
also obtained
extensive documentation
from his doctors
showing that his
depression was
no longer the
problem that it
had been when
he was in the
US as a student.
The final step
in the process
was to prepare
Mr. N for his
second visa interview.
We went through
the process with
him several times
to prepare him
for the type of
questions that
he was likely
to receive and
how to phrase
his answers.
The
result
- Mr. N attended
his second interview,
but this time
he was much better
prepared. He was
able to answer
all the consular
officer's questions
and presented
himself very well.
Our letter showed
that while he
had been out of
status he never
had an overstay,
therefore he did
not trigger the
3/10 year bans.
We also showed
that as an H-4
he was not subject
to the "intending
immigrant" provisions
in Section 214(b),
the section used
most often by
consular officers
to deny visa applications.
All of
the hard work
and preparation
paid off, because
at the end of
the interview
the consular officer
granted the H-4
visa. Mr. N is
now residing in
the US with his
wife, beginning
a new life together.
Our lawyers have
the experience
to review and
analyze difficult
cases and formulate
strategies for
success. We would
be happy to review
your case and
discuss your options.
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