Boyfriend's Tourism Visa Rejected - Advice?

[clooz]

I second the advice to get help from an reliable immigration attorney, who specializes in this situation. In my experience, US immigration procedures and questions are not common sense, and common sense assumptions can cause more problems.

The interview official who recommends approval of a visa application is making an in-part discretionary decision - they are taking the risk that the persons they approve will not turn out to be a problem. If they are unsure, then refusal is an option. So the experience of the attorney in preparing people for interview is essential. The attorney should also be at the interview to interject to stop the official from asking disallowed questions that could uncover grounds for refusal. The attorney can also correct mis-statements before they become part of the record.

As a routine step, your immigration attorney (perhaps you with your boyfriend's help) can send in a freedom of information act request to pull the file that immigration have on your boyfriend. It used to be about $15 and a one page form. The file will hopefully contain just his prior US school history, but it might contain incorrect information that you'll want to correct. Depending on the case, immigration can look at everything including speeding tickets. You need to know what they have so you can prepare.

 

[GS_Dirtboy]

Your Porteño boyfriend is guilty until he proves he is innocent. There is a standard presumption by US Immigration that he will stay illegally in the US if they give him a visa. He needs to establish that he will NOT do that. He establishes that by:

1. Having strong ties to Argentina - children, parents, property, significant employment, etc. It doesn't seem he has this.
2. Doing EXACTLY what he says to US Immigration he will do. It sounds like he's done something different in the past. Immigration doesn't like that.
3. Not having a reason to stay illegally in the US. He has a reason to stay; you.

Getting married isn't an easy solution. Once you are married here he will then need to file for a spousal visa. He can't enter the US until this is completed. The last I heard this was taking 14 months or so.

Sorry for the bad news. Good luck!

GS

Be careful of the trick interview questions like: If you are dating then why don't you get married? There is only one way to answer that question that doesn't automatically deny you a tourist visa.

 

[garryl]

bad US immigration officer!
This is very common.

Resubmit the application with new material, or getting married.

 

[ghost]

bad US immigration officer!
This is very common.

Resubmit the application with new material, or getting married.

How do you determine "Bad Immigration Officer" when the boy friend already has a record of gaming the system?