The Immigration Problem
Mr. N just got married and everything looked good. His spouse has a great job offer in the US and was moving there to start work in a couple of weeks. She got her H1B visa at the consulate several weeks ago, but Mr. N had his H4 visa denied!
The Result
VisaPro helped Mr. N with a new H4 visa application and attend his second H4 visa interview. He was much better prepared this time and was able to answer all the consular officer’s questions and presented himself very well. At the end of the visa interview the consular officer granted the H4 visa. Mr. N is now residing in the US with his wife, beginning a new life together.
Inquiry Into The Background
Mr. N had been granted an F1 visa for the US in the past. Several years ago he had come to the US to pursue his Master’s degree on an F1 student visa. As a F1 student you have to continue to attend classes full-time to be maintaining F1 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 F1 reinstatement which 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 F1 student status the consular officer denied him the H4 visa, and as a consequence, the ability to live with his wife in the US. Mr. N now was faced at being separated from his new wife for several months (or years). How should he overcome this H4 visa rejection? Does he reapply? Or does he just accept the decision of the consular officer and wait it out?
Analysis Of The Problem
When Mr. N first came to us, he already had his H4 visa denied. 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 the 10 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.
VisaPro’s Successful Solution
- First, we prepared an extensive letter for Mr. N in support of his H4 visa application that outlined his background and the law that applied to his situation.
- Next, 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 H4 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.
Conclusion
Mr. N attended his second H4 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 or 10 year ban. We also showed that as an H4 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 H4 interview the consular officer granted the H4 visa. Mr. N is now residing in the US with his wife, beginning a new life together.
Our immigration lawyers have the experience to review and analyze difficult cases and formulate strategies for success. If you have a complicated case contact VisaPro immigration attorneys to review your situation and discuss your options.
Click here to add a comment
What VisaPro Customers Are Saying
Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"
Raymond Meyers, President, EBOZ, Inc
