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Noah Lott

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Everything posted by Noah Lott

  1. Noah Lott

    Overstay by 1 day of I-94 / visitor visa B2

    while consulting an immigration attorney might provide 'clarification'..please do not think that some letter from said attorney that tries to explain away their previous issues will somehow work some magic over a CO...because a seasoned CO should not even read said letter ...because it has NO value.....I sometimes read them later...for entertainment...a common one.."I assure that my client is fully aware of the rules and fully intends to abide by the terms of a tourist visa..'...or..'my client had every intention of returning after one month, but ..blah blah blah....'....so what? Who would believe such drivel? Totally meaningless...
  2. Noah Lott

    Overstay by 1 day of I-94 / visitor visa B2

    Very likely their visa has been cancelled electronically...yet again we read about people who prefer to push the limits of a privilege...then act surprised if that privilege is taken away from them...this time, the CO will be looking at their new application with a focus on what story they are telling....like 'length of visit' in which they write 'one month' when in reality they plan to stay 6 or more...probably like the first time when they wrote 'two months' then promptly overstayed by a day..so their new application may not be as quick and easy as is hoped for...word to the wise: do what you said in the time frame you said instead of playing word games...I cannot speak for other COs but I never appreciated being lied to (about the visit time, for ex)...because in my view, you lied to about one thing...what did you lie about? And since the applicant will almost never tell what else they lied about, I just denied their application because their credibility went to nothing....something to think seriously about... it's a virtual cinch that your parents were providing child care some time ago...and maybe they are about to do it again...who knows?
  3. Noah Lott

    Parents B2 Visa Refused

    hard to say...parts of your story are uneven, claiming they 'have to' tend to the farm, yet they can leave for 2 months, yet they 'have to' tend to rentals but can leave for two months...just sounds odd...and this is common....applicants claim they 'have to' tend to this or that, but yet they can go to the US for months....on the other hand, sounds like you did everything above board....I don't now....sounds like too much was said at the interview and things became blurred...
  4. Noah Lott

    Parents B2 Visa Refused

    to Rkas: (1) what is your status in the US (2) if F1, how did you arrive....B2->F1 or ? (3) or B1 to a magical H1b shortly after arrival? (4) a quick marriage after arrival on a B2? The answer to the above will be helpful so as to provide a better answer...but forget papers...they cannot make a weak case strong.
  5. just tell the truth.....be sure to tell the CO how many other employees from the new company have 'had' to go to the US for 'training.''''my guess is that number is somewhere around zero.
  6. Noah Lott

    H4 to B2 visa

    who is she planning to marry in the US?
  7. A note to all: this sort of B2 abuse, using it to provide extensive child care for months and months (when, on the application, the applicant likely wrote '2 months' as the proposed visit, knowing that was a lie) is what causes difficulties for future applicants, as COs will be leery of hearing the same tired stories and anticipating the abuse of the visa, many applications will get denied.....a tourist visa is for tourism, and no legitimate tourist 'needs' 6-8 months for a 'vacation.' the six month default entry period is to alleviate paperwork, not a green light to hang out working in the US...visa abusers cause problems for others, but no doubt, they don't care.
  8. Very risky, as by now USCIS knows she has been babysitting....her visa could easily be revoked...and then what? Better to abide by the terms of a B2 visa, which is NOT to work nor camp out for months and months pretending to be a tourist...LIMITED STAY means exactly that...ticket bookings are worthless.
  9. Noah Lott

    Help regarding sponsorship to parents.

    NO doubt....it's too bad because so many people do not understand the process and erroneously believe that some piece of paper, invitation, bank statement or three dimensional object when presented will guarantee visa issuance....there is no such object...and no seasoned CO takes the word of any interested third party regarding the bona fides of some B2 visa applicant....statistically, the more input an applicant gets from others, the less chance he or she succeed in getting the visa....memorized answers often lead to swift denials, idiotic trip planning is another (six months to 'visit' some cousin>>>really?)....fake documents foolishly bought will bring about a disastrous refusal (an ordinary 214b denial is no big deal, but bringing fake papers will forever label the applicant as a visa cheat)..and business trips that make no sense (12-16 weeks to 'meet clients and transfer knowledge' is a laughable reason and of course it really means the applicant will be working in the US...because no business meeting lasts months and 'requirement gathering' or 'knowledge transfer' and other silly phrases are quick paths to a denial....every year or two, somebody (usually an immigration attorney) comes up with some new and allegedly clever term to try and substantiate the alleged reason for a 'business trip'....but those not-so-clever phrases are just trying to fool a CO....in today's modern world of instant communication, no one has to spend weeks or months gathering requirements or meeting clients....that is just utter nonsense.... Again, forget papers and invitations....
  10. Noah Lott

    Help regarding sponsorship to parents.

    My own general approach (before retirement!)....if an applicant's relative had 'followed the rules' (no COS, went to the US on F1 or H1 or K1), then other family members seeking tourist visas would get the benefit of any doubt, as my belief was that if the family obeyed the rules and did not try shortcuts, their credibility as a whole was better than those who went on the ever popular 'requirement gathering' trip only to disappear after mind changing at baggage claim, or who miraculously found the love of their life 10 minutes after arrival got no benefit of any doubt from me...you fudge the process, I raised the bar for qualifying for other future mind changers from your family. Same for memorized answers....you got my memorized denial speech....try to fool me, well, don't miss, because you won't get a second chance.... bottom line: forget papers, stop the coaching and stay away from the process on behalf of other relatives or friends...you cannot make a positive difference, but you can easily make a negative one!
  11. Noah Lott

    H4 to F1

    You were admitted in F1 status, not H4...your parents' green card status does not affect you...they can file a petition for you, but that will take 7-9 years to become 'current'..and ONLY if you remain unmarried.
  12. Noah Lott

    Help regarding sponsorship to parents.

    I am beginning to believe that many people are just, well, how can I be polite.....?...slow learners.....for the umpteenth time on this site and many others, there is NO SUCH THING as SPONSORSHIP for B2 visa applicants... I repeat for the learning impaired....there is NO SUCH THING AS SPONSORSHIP FOR B2 visa applications! There are NO 'magic' answers nor documents one can say or bring that would guarantee visa issuance....NONE. Applicants can bring to their interview whatever they want, but a seasoned CO will not care much at all about a pile of documents, notarized or not (BTW, notarization does not mean the documents are real; that process only attests to the ID of the person who signed the silly papers)... The economic situation of friends or relatives of an applicant are meaningless....COs do not care about US bank accounts, house size of someone living in the US nor anything else. merely having a job or a bank account in one's country does not mean you get a visa...thousands of people have quit their jobs and emptied their bank accounts following visa issuance and have entered the US to stay and work illegally... Pointing to a spouse or child that will be left behind does not guarantee visa issuance, as again, thousands of people have abandoned their spouse and children to go and live and work in the US...happens all the time.... The adjudication process is largely SUBJECTIVE, and not based on papers nor promises, round trip airline tickets nor religious affiliation....at the end of the day, the applicant must convince the CO that they will abide by the terms of the tourist visa....and how they do that is up to the applicant and the CO...there are NO simple rules to follow that will result in visa issuance....no congressman nor senator can change the decision of a CO, nor can phone calls from some alleged 'big shot.'...won't happen. Anyone claiming to be a 'visa consultant' (or visa 'fixer) is just taking money from idiots....you use their services at your own considerable risk...whenever I encountered evidence of visa 'consulting', that applicant was instantly denied....why? Because they tried to fool me (or my colleagues) and that suggests that they had other motives for going to the US...and I wanted to send a message to the fixers....every client you send me will be denied rapidly...and repeatedly Immigration attorneys cannot positively influence a CO...but they can make a negative impression....why would anyone with a legit case need to hire an attorney? Answer: because there are other plans being hatched...and the sure fire cure to end that nonsense is a denial... Now some attorneys might disagree with me...so what? I never saw nor heard of a single case of a B2 applicant who brought a lot of stuff from some attorney, who then got issued, who returned....every one I ever heard of ran off into the sunset....there was a message for COs who pay attention...and this over a time span of years.....most of these successful visa recipients had either lied about having a US fiance or their own actual marital status - and the attorney helped with the cover up...I adopted a very simple policy....you show me something from some immigration attorney who is 'supporting' your application, and I as far I was concerned, your credibility just went to zero.... Again, documents mean nothing...documents cannot control the actions of a person admitted to the US....and finally, and I hope this gets through, COs do not care at all about the financial/personal/religious/'connected' status of anyone in the US....you will not be interviewed; only your relatives (or friends)... so, stop fretting over documents...none can turn a weak case into a strong one.... and please do not phone the CO and tell him or her about how you will somehow 'guarantee' that your relatives or friends will abide by our rules.....that is a sure fire way to worsen their chances......please re-read the above as many times as necessary so you will fully understand that the process never involves interested third parties....ever....
  13. Noah Lott

    B2 Tourist Visa for parents - 221(g)

    there is a strong possibility that everything will be just fine....as a former CO, if I had someone at the window who has possessed a valid visa for quite a while, used it once or twice without evidence of abuse, why would I not re-issue a new one? AFter all, if the applicant really wanted to vanish in the US, why wait until his or her visa has expired? That would make no sense...so, approve a new one and move on to another case (also saved me a boatload of time that I used to interview and adjudicate more challenging cases!)...this should be a slam dunk (i.e., an easy approval)...there are lots more questionable or bad cases out there...this is not one of them.
  14. Noah Lott

    Help regarding sponsorship to parents.

    And no one can 'be responsible' for another person while they are in the US...you cannot legally control their actions nor behavior, nor force them back aboard an airplane when their visit is concluded.....I have never figured out why so many people believe otherwise...but ask yourselves...where in the US Constitution does it state that a person residing in the US, whether a citizen, LPR or whatever, somehow gains legal authority over another person who entered the United States? Answer: such a 'rule' or 'law' does not exist.
  15. Noah Lott

    Help regarding sponsorship to parents.

    nothing about your situation, other than perhaps being in a lawful status, matters to their interview...so back away from the entire process...the COs are not going to look at your bank statements, house photos, tax status nor magazine subscriptions....what matters most is that the parents convince the Co they will return and not camp out, providing child care....
  16. Noah Lott

    B2 Tourist Visa for parents - 221(g)

    Documents are essentially worthless...you should expect nothing, as you will not be the one interviewed.....no coaching, no silly W2's or bank statements of yours are needed/required nor appreciated....just stay out of the process....the more you get involved (or try to), the less chance of success he will have....likely he was selected at random from the pool of folks who otherwise would qualify for the interview process...just have him follow the directions given by the embassy and stop trying to figure out some clever way of fooling the COs....it won't work
  17. the OP claims she would return, but no one will believe that ...a B2 visa is for someone who fully intends to return after a brief visit, not for someone who will seek a COS if the opportunity appears....
  18. Noah Lott

    B2 Visitor visa applicant working in another country

    you do nothing...they apply, they qualify (or not) based on the merits of their case, whatever it may be...you cannot play any positive role in their application process....what will likely be relevant is: (a) how long they have been working in Sweden (b) what skills he may bring to the US (after his work is over, which should not be soon) (c) what this trip is going to cost relative to its purpose....why would anyone spend thousands for a 'housewarming' party?
  19. slight correction: a return ticket is not a requirement for a B2 approval - it is not a part of the process....but the above response highlights the problem....WHY would she return after a couple of weeks? No, not because of an elderly relative who allegedly needs her care (but who can survive just fine in her absence) nor because of empty promises, etc....a B2 application will indeed look like what it is....a back door attempt to circumvent another visa process.... but of course, she can apply.....but forget letters, bank documents or anything else you can think of.....because at the end of the day, she will NOT be returning any sooner than you will be....
  20. Noah Lott

    Opt extension rejected and cannot start H1b

    time to return home....there is no magic fix or loophole....remember, you likely told the consular officer that you would be returning home after your studies....why not do exactly that?
  21. Noah Lott

    I94 expire before Visitor Visa extension

    Child care is not a valid reason for an extension, and once their denial arrives, they must leave the US immediately (and most likely, their visas will be revoked electronically)...their chances of another re-entry after having camped out for many many months will be close to nil....tourist visas are for tourism, not for living (and working) in the US....if they lose this visa, it will be years before they get another one...
  22. Noah Lott

    Sponsoring Tourist Visa for Cousins/Relatives

    often makes little sense for a married woman to leave her family and spend thousands on some two week trip to visit some cousin....
  23. Noah Lott

    Sponsoring Tourist Visa for Cousins/Relatives

    It is best to not be a part of the visa process....no coaching, no loading bank accounts up with cash at the last minute, etc.... During the 2-3 minute interview, a good CO is going to be 'testing' the applicant's credibility, with clever questions designed to demonstrate credibility or not.....memorized answers are bad....inconsistencies are bad....letters from relatives are not worth the paper they are printed on...job letters are meaningless....bank statements have more ways to hurt an applicant than to help (in most cases)...papers mean nothing....promises mean even less.....some of the internal questions we ask ourselves (as a former CO): 1- does this trip make sense? (that is, if the applicant is proposing to spend an inordinate sum of money relative to their current economic situation, why? Why would a person want to spend their life savings for a two week trip to Disneyland? Only if they plan to work illegally in the US to pay for the trip!~ 2- Does the applicant have a portable job skill that will entice the applicant to work without permission? 3- Has the applicant skipped over answers to certain questions by trying to deflect the question to another topic? ( an unwise choice) 4- What isn't the applicant telling me and how might I discover that information, if relevant? While some contributors mention 'brevity' as an asset, brevity will fail if an open-ended question is asked and answered with a one or two word response.....for ex, 'I see you wrote on your application that you plan to 'visit' for 5 months....how are you going to keep your job during that absence?'.,...and if the answer is the applicant trying to shove some silly letter from his/her employer through the window, well, that will not benefit the applicant! Or, as a follow up to the above question, 'how are you going to support yourself for those 5 months' might be asked and if the answer is yet another paper coming through the window, well, the applicant has not yet given me a credible reply....so I will continue to probe....until the inconsistencies appear (and they usually do in this type of situation)...often times, some applicants have, in a moment of frustration trying to come up with the 'magic answers' to the above questions, quickly say something like, 'oh...well....I'm just gonna stay for two weeks....I've changed my mind!'....hmmmmm....that sounds like baloney to me....and guess what the outcome of that interview will be (or was)? Don't try to play word games or weave some tale that is so unbelievable that no one from planet Earth would ever buy it....(one of my favorites: (when an applicant was asked how they were going to support themselves during a six month 'visit'..): ' a bunch of friends are going to be visiting me in the US and each one will bring me some money!"...Who has friends like that? Again, applicants should not try to put on an act or dodge questions...
  24. Noah Lott

    H1B RFE and need to travel

    Is your I-20 still valid and your SEVIS still good? If so, then y...but your school coordinator (International) should know this stuff..ask him or her...