B-2 Visa ApplicationTo Visit Spouse Rejected Twice

The successful case of Tsang and Associates: His wife holds a green card, and after he applied for a B-2 family visit visa and was rejected twice, he finally proved that he had no intention of immigrating to obtain the visa.

Applicant: Mr. Chen
Spouse information: Ms. He holds a US permanent resident card/green card
Application Category: B-1/B-2 Visa Tourism/Medical Treatment
Number of rejections: Twice rejected by the US embassy in Beijing

basic situation:
After graduating from Jilin University, Ms. He applied for H-1B to work in a company in the United States in 2003, and then she also changed her status to a green card. She and her husband, Mr. Chen, are separated from each other. The husband has been working in China. Ms. He sometimes returns to China to visit relatives, but she never returned to China after she became pregnant. Since she is a high-risk diabetic patient, she hopes that her husband can come to the United States to take care of her, so Chen Mr. has applied for tourist visa twice. But these two applications were made difficult and refused by the consulate. The reason for refusing relatives to visit was because they believed that Ms. Liu’s husband had plans to emigrate, and they did not have complete and complete data, so they refused Mr. Chen’s visa. Ms. He’s child was about to be born before Christmas, and she was in a state of anxiety. After communicating with Tsang & Associates Law Firm (Tsang & Associates Law Firm), she decided to entrust the legal team of Joseph Tsang Zang Dikai to handle it in early November. After proper analysis and arrangement, we supplemented sufficient proof materials and assisted Mr. Chen to go to the US embassy in Beijing for a visa again. Mr. Chen also successfully interviewed at the Beijing embassy in early December.

Difficulties and keys to success in this case:
How to successfully help the beneficiary apply for a B-2 certificate in a short period of time
When Ms. He was about to give birth and was afraid that her husband would not be able to visit her in a short period of time, our lawyer quickly communicated with Ms. Liu and assisted Ms. He and her husband to prepare all the documents we needed. Sufficient and detailed lawyer’s letter; at the same time, our lawyers in China also helped Ms. Liu’s husband to counsel, let the client be familiar with the key points and precautions of re-signing, and coordinate with the consulate. With the efforts of both parties, Mr. Chen finally Before the child was born, he successfully obtained the B-2 family visit visa.

If the spouse has a green card, how to prove that the husband has no immigrant intention
Although Mr. Chen has no tendency to immigrate, because Ms. He already has a green card and lives in the United States, the husband and wife have been separated for a long time, and the child is about to be born. This makes immigration officials suspect that Mr. Chen will use this opportunity to enter the United States and stay. Mr. Chen has a high-paying and good job in China. At this stage, Mr. Chen will not consider giving up his current job. In addition, he had the opportunity to get a green card the year before, but because of work and his parents, he chose Stay at home first. In order to make the embassy no longer doubt Mr. Chen, we asked Mr. Chen to prepare enough proof of work and financial resources, as well as the information of his parents based on years of experience, and patiently guided him on how to explain to the immigration officials.

Case result:
Half a month after the visa interview appointment, more than 50 pages of materials were prepared during the period, and Mr. Chen was approved after the interview at the Beijing embassy.

Lawyer Comments:
Attorney Joseph Tsang has a precise grasp of U.S. immigration laws and policies, and the documents are well-founded; Attorney Chen Jie from Shanghai has 12 years of practical experience in visas to the United States, from her own visa experience to different types of visas for various customers The situation is very familiar. For some misunderstandings about visas to the United States, there are the following suggestions:

I have already applied for immigration, or my immediate family member is a U.S. citizen or green card, which does not mean that I cannot apply for a non-immigrant visa to come to the United States during the immigrant waiting period. As long as the visa officer can be convinced that there is no intention of immigrating when applying for a visa, and after a short stay in the United States after obtaining the visa, he will still return to the original country of residence as scheduled, that is, the purpose of going to the United States, the necessity of going to the United States, and the firm binding force of returning home , It is still possible to obtain a visa to come to the United States to study, do business, travel, visit relatives and friends and other activities. For example, the green card wife/child applies for B-2 to visit relatives in the United States, and the parents go to the United States to visit the children of green cards or citizens.

Our successful cases include: I-526 waiting for B-2 to visit relatives, retired old couple to visit foreign son-in-law in the United States, main applicant who has applied for EB-5 investment immigration to obtain F-2 visa to study in the United States; CR -1 Spouse immigration application B-2 visa to visit relatives in the United States; F-4 siblings apply for R-1 visa to work in the United States during the immigration waiting list.

If you have the above questions, welcome to contact us.

(Note: To protect customer privacy, the customer’s name is a pseudonym)