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Noah Lott

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Everything posted by Noah Lott

  1. Noah Lott

    uscis site visit after project ended

    don't you just love all these 'workers' who have displaced American workers with questionable H1bs?
  2. question #1: why will you return to your country following studies when you have been gone for 6+ years? question #2: see question one.
  3. Noah Lott

    Travel on B2 visa twice within 4 months

    they might also revoke her visa, since she would appear to be using it to live in the US
  4. Noah Lott

    Overstay on B1/B2 Visa i539 pending.

    ' Alien admitted until specified date; violates status; departs after date specified. Subject ...the OP violated status by working, even if not paid.
  5. Noah Lott

    Visiting visa for 1 year child

    it likely will raise issues...
  6. Noah Lott

    Overstay on B1/B2 Visa i539 pending.

    and it does not matter whether you were paid or not, work= work which is not allowed while in B2 status....and no one will believe you sat at a desk doing crossword puzzles for 8 months.
  7. Noah Lott

    Overstay on B1/B2 Visa i539 pending.

    working while in B2 status, however, meant that you violated status, which can cause other issues.
  8. Noah Lott

    F2 dependent visa got rejected

    you mean 'The University of Online Diplomas'? I believe that Ponte is correct....the CO now knows with a 100% certainty that neither you or your spouse will be returning following 'studies.'
  9. Noah Lott

    Overstay on B1/B2 Visa i539 pending.

    while the airline may board you (they cannot tell if your B2 has been revoked), imagine what the border folks will think...'hmmm..here's a person who said one thing to us, then quickly abandoned that story and went on to camp out in the US waiting around for some nebulous change of status to try and stay here....why wouldn't this person try it again?'....of course, you will show them some round trip tickets, which are worthless, you will claim that your earlier attempt to do a COS and stay was some last minute decision, etc, etc....but they should not believe you....because the last time you 'visited' you remained 'on vacation' for more than a year....what 'job' rewards its employees with an 15 month paid vacation? No job...which meant you were working under the table during your last 'visit'...and no doubt have plans to do it all over again...I would bring a couple of good books to read for the quick round trip flight back home. Your visa has been electronically revoked due to the overstay and while you can certainly apply for a new one, well, just read the above and think about how a CO will view your last 'visit' and compare what you said during your first interview with what actually took place....COs do not like being lied to....at all. While you may futilely try to argue that you just 'changed my mind' (which oddly seems to occur right after baggage claim), the CO's response (one that I used each and every time I heard that sentence) should be 'last time you applied we believed you were a bona fide B2 recipient...but this time, we have changed our mind.' Mind changing works both ways.
  10. she is no longer eligible as the son/daughter (unmarried) of an LPR....she must wait until her mom becomes a USC, then that wait will be several years.
  11. one thing is certain...you are NOT a returning resident....you have remained outside the US for more than a year for reasons that WERE in your control....this process will have to begin anew, with whatever category you are able to qualify for....which sounds like adult child of an LPR, which is around 7-8 years....if they are citizens, then around 3 years.
  12. no one can forget being arrested and fingerprinted, especially if it happened in a foreign country.....you lied, the CO knew it and now your case will undergo admin processing and the embassy will not be in a hurry....liars do not get preferential treatment..instead they get to wait and wait and wait...so the COs can process the cases in which people did not lie...simple.
  13. Noah Lott

    F2 dependent visa got rejected

    If your son is a USC, sure, but now the CO knows that your husband is not returning following yet more studies, as he just finished and did not return....the COs do not like being lied to or told stories... there are no magic answers that anyone can give you that will fool the CO...the situation now has become obvious....and nothing you can say can change that....oh sure, you can pay someone to draft a job letter back home for the future (a common tactic)...but I always asked the applicants who gave me one of those the following: 'if you (or your spouse) does not return to take this 'job', what legally will happen to him/her? If the answer is nothing, then such a job letter is meaningless...and no country has severe punishment waiting for those who do not take those phony job offers.
  14. Noah Lott

    Dad's second B2 visa rejected (approved for Mom)

    diplomas, college attendance,etc, are meaningless in B2 applications, especially for renewals...something else is amiss...I noticed you dodged my question about your father's age when they visited some time ago and spent 5-6 months in the US twice, I believe)...so what was his 'occupation' back then, what was it the second time they visited and how was it that any company doled out a 5-6 month paid vacation? That, in my opinion, is where the the problem(s) is/are...
  15. Noah Lott

    Dad's second B2 visa rejected (approved for Mom)

    It seems odd that his renewal was denied...if everything was exactly as you stated regarding their prior visa use, I do not understand why his renewal application would have been denied...credibility is the best asset an applicant can have...and since he has traveled a couple of times and returned, well, that's pretty darn good... Was your dad of working age when he stayed nearly 6 months each time? If so, what was his alleged occupation? What job gives a 6 month vacation? (no job) So it may well be that the CO believed that he was working during his visits....that will be difficult to overcome..no letters will sway the mind of a CO..no promises from you either...that is about the only thing I can think of...
  16. Noah Lott

    Dad's second B2 visa rejected (approved for Mom)

    As a follow up, how can I be so sure that questions were asked? Because (1) it would violate the ethics of a CO to go against the very oath they took when joining the FS, (2) a CO has to write some notes on denials into the computer data base....what, is the CO going to make up a story? And by doing so, violate those ethics again? Why? What's the upside? This is a classic tale of woe spun by no doubt disappointed and unsuccessful visa applicants, designed to cast blame on a CO while pretending to be a hapless victim of injustice.....a CO would not be doing their job if all they did was deny an application without a single question being asked...after all, how can they make a determination of the applicant's bona fides by remaining silent? Makes no sense and does not happen. I've interviewed 10's of thousands of applicants, been surrounded by colleagues interviewing thousands, and have never ever witnessed a situation in which a colleague just denied an application as soon as the applicant stepped to the window...so his version of what allegedly did not happen is far from the truth.
  17. were you arrested? Yes Did you lie to the CO? Yes What do you think will happen, that the CO will ignore the lie and just issue a visa, taking your word for anything? No. Because you apparently lied, the CO will take as much time as he or she wants to get the real story, whatever it may be. An attorney can do nothing except make a phone call, one that a CO does not need to even answer.
  18. Noah Lott

    Dad's second B2 visa rejected (approved for Mom)

    first, the very idea that no questions were asked is ludicrous...no CO just denies an application with an interview...no doubt your dad claimed this nonsense took place, which is patently false...it is tiresome to read these bogus claims that no questions were asked....that does not happen ...period. Second, you do not apply for him; he reapplies if he wishes. Third, you cannot make sure that his next application will be approved, as there is NOTHING you can do to positively influence the outcome of anyone's interview. Fourth, an attorney cannot positively affect the outcome of his interview and in fact, will only make things worse (a CO asks him or herself, 'why is this guy hiring an attorney? To cover up something.'...) Did not ask any questions....baloney.
  19. Noah Lott

    Can apply Visitor for mother when i am in india

    She applies, not you.
  20. Noah Lott

    Visitor Visa denied due to insufficient funds

    How many times must one state that there is no such thing as sponsorship for B2 visa applicants....???? 1000? 2000? 50,000? There is NO mechanism in place to legally force a third party to pay for anything on behalf of a B2 applicant..a CO will not be impressed and issue a visa when he or she learns that someone else is paying for the trip, etc....it will not be of any positive benefit to any applicant whatsoever.....why? Because no one can be legally compelled to pay for airline tickets, food or entertainment expense, etc, for another person seeking a B2 visa....COs understand that relatives (and occasionally friends, or 'friends') might well subsidize a trip in some way, but that fact will not make a weak case better or a bad case good....at best, it's a neutral thing...the concern to some extent, about the financial position of an applicant is this: does the applicant have sufficient funds to actually pay for the proposed trip to the US in its entirety...and what proportion of that person's income/savings is allocated to that expense? If some applicant wants to go to Disneyworld for 4 weeks along with his wife and 2 kids, expect to spend about $8000.....including airfare, hotel, food, tickets, souvenirs, etc...at least...and if the applicant has $418.00 in the bank, then who is really paying for this or what is the real purpose of this visa request? Or is the applicant proposing to spend 100% of their savings just to see Mickey Mouse? (that would make no sense whatsoever) COs do not want B2 visa holders to take up unlawful employment and some third party who offers to pay for that person's trip will not satisfy that particular concern... COs don't want to see B2 applicants spend their entire alleged savings on one trip to the US...or else why would that person return, broke? I imagine other things said by your relatives did not inspire confidence in the CO and that is why their applications were denied...
  21. Noah Lott

    Mom's second visit denied

    You may believe my responses as condescending, but they re the by product of more than 20 years of working in and around the interviewing process...people often try to play word games, say one thing, then do another...etc... as to 'meeting' a new born, the child is not even conscious enough to shake hands and say, 'how are you?'... I understand that older folks stay a while due to various factors...but given the facts as you have stated them do not jive with why her second application was denied, because credibility is the best asset an applicant can have, and if she did write or state she was planning a 6 month visit, which she apparently did, then the only other issue will be that of child care on such a basis as to allow your wife to return to work (not just an occasional Saturday night when you and the wife wander off to a movie or something)... But something is missing....because if this case is exactly as your described, the interview should have lasted almost 30 seconds and been approved...a person who pretty much does what they said in the approximate time frame they stated, then returned, is not the sort of case that needs a deeper look....there too many questionable cases waiting to be interviewed that might take a bit of extra time...and a CO learns to conserve time by issuing the 'easy' cases to leave time for the more challenging ones... However, the denial suggests a disconnect somewhere, and based on my own considerable experience (many tens of thousands of applicants interviewed, time spent as a fraud manager, time spent interacting with INS (old days) and DHS following 9/11, plus having trained and observed dozens of new officers, well, guess what I learned? People often do not tell the truth (or the entire truth)...and when that fact comes to light, that the applicant lied in some fashion, well, credibility goes down the drain in a hurry and there is no time (realistically) to hold the applicant's hand and spend 25 minutes going over each detail, each story, each excuse, etc....and listen to a dozen apologies and/or promises not to do X again, etc, that are meaningless at that point in time...interview over, next applicant.... It may sound cold or abrupt, but COs do not have the luxury of being able to spend 15 minutes with every B2 applicant..there are long lines in the waiting area and they want people out the door by 4 if possible, 5 at the latest...ideally COs are trained to conduct interviews in about 3 minutes...to do that, one needs to recognize quickly the good cases, approve them, move them along...use the saved time to tackle more challenging cases, uncover fraud or find other trends that can help shape more efficient decision making... You call it condescending, I call it the real world. One of us has a perspective about such things that the other does not. Is the current methodology perfect? No. Efficient? Generally yes, at least on a volume basis...there were (and are) ways to improve the accuracy but within the approximate time constraints faced by COs, their boss has to really care enough to train them thoroughly on how to interview,...something I did at several different assignments...there are a lot of useful techniques to get the answer, that do not rely on documents or third party opinions....and a few other things that are again, a by product of more effective training, a more responsible focus by COs and supervisors who randomly spot check visas issued and denied, to gauge how thorough a CO is across a broad spectrum. It is not an easy job and one does not get the job by merely filling out an application... There are good COs, a few bad ones (who have sold visas for $$ or 'favors') and a lot of middle of the road types...it is the supervisor who must take the time to thoroughly train his or her staff on how to do this job in the best way possible, to develop the interviewing and judgment skills to reach a conclusion that is as accurate as is practical...while adhering to our laws...and also recognizing how porous our borders are....Congress has made as many loopholes as laws, and that is where the problems begin. If, for example, any COS was disallowed except from a K1 visa, things might be better for a lot of future applicants. But with the current situation, it is far too easy for people to have the ever popular mind change at baggage claim....I have long lobbied my representatives to close some of the loopholes (which, BTW, would not cost American taxpayers a penny!!!) but special interests who want cheap labor are able to stuff enough cash into the legislators' pockets to drown out my requests...) the end result are COs who are the first line of defense against illegal immigration and other complexities that arise when unqualified people are allowed access to the US or who are not tracked down to be removed or who fund true love ten minutes after their deportation hearing....close many of these loopholes and other doors might open.
  22. Noah Lott

    USA Visitor Visa for my Nephew

    As a follow up, if the nephew is relatively young and tries to point his parents as the reason he would return, well, that is not a strong enough reason, as people have left parents, spouses and children to remain in the US, trying to find a new life there and then figure out ways to bring the left behind relatives to the US... if anyone doubts this statement, then please, by all means, look up section 214b in the Immigration & Nationality Act, and see if merely having parents stay put in one's country of residence automatically qualifies anyone for a B2 visa...I can save you some time....there is no mention of anything specific in our laws regarding what constitutes strong ties that if true, would guarantee visa issuance...no papers, no notarized documents, no bank accounts, homes or farmland, left behind relatives nor even employment can guarantee anyone be granted a B2 visa...it is a totally subjective process, not driven by documents nor other members of one's family that may remain behind, nor property itself...it is totally subject to the judgment of a CO regarding his or her belief that the applicant will abide by the terms of that visa...if the applicant does not convince the CO, then by law the application must be refused. This is in stark contrast to the basic qualification standard for most immigrant visas, which are largely document driven, assuming of course, that, say, in the case of a marriage, that the relationship appears bona fide, or, in the case of an employment-based immigrant visa, that the applicant possess the requisite skill(s) and that the other supporting information be accurate...(usually beginning with papers to a large extent).
  23. Noah Lott

    USA Visitor Visa for my Nephew

    If the nephew is a young adult, he probably did not establish concrete reasons as to why he would return..the 'assist someone to travel' is, by and large, a bogus excuse, often designed to elicit sympathy from a CO and approve a B2 visa for someone who is not qualified to get one. Airlines can easily assist folks in their international travels, and are often trained in that very skill, so there is no need for a third party to 'assist'... If the nephew is a child (12-17 or so), same problem...why does he really 'need' to go and what will motivate him to return instead of remaining in the US to try and establish a better life for himself? Reapplying will be futile, as nothing has changed in the nephew's life and economic situation in the last few days...if all that is offered the next time he applies is a new reason for going, that is not a material change in his circumstances; instead, it will tend to show desperation in the second request. Remember, the reasons why someone wants to GO to the US on a B2 visa are nowhere near as important as to why the individual would LEAVE the US following a visit of appropriate duration.
  24. Noah Lott

    Mom's second visit denied

    sure, there is nothing wrong with seeing a newborn, but the 'meet' aspect seems odd....but the bottom line is that issue of child care likely arose and that is what is likely causing problems...and will continue to do so, regardless of what papers are thrust through the window towards the CO...
  25. Noah Lott

    Mom's second visit denied

    how does one 'acquaint' oneself with an infant?
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