Can the interview officer at the American Consulate deny a case based on a single incorrect answer from the applicant? And, what was the one question that caused the denial?
First of all, the officer does have the authority to deny a case based on a single “wrong” answer. A consular officer must be reasonably sure that the applicant should get the type of visa that is being requested. If he has strong doubts, then he is required to deny the visa application.
Consular officers also consider other things beside the answers to the interview questions. They observe how the applicant interacts with them and with the consulate’s Vietnamese translators. And they notice the composure and the attitude of the applicant. If the officer perceives or feels that the applicant is hiding a material truth, something that would make him ineligible, then the consul will deny the case. The denial letter may say the real reason for the denial, or it may just give some reasons chosen at random.
Now, what was the one question that caused the applicant to be denied? The officer asked, “What is your purpose in going to America?”
This is a very simple question, but to get a visa, it must be answered in the right way. In this case, the applicant said, “I am going to America to work and make money”. That was the wrong answer.
Why was it wrong? Doesn’t everyone want to work and earn money? Doesn’t everyone want to work, save money, care for their family and also send some money home to the family in Vietnam?
If the applicant was going to America sponsored by an employer, or to invest in a business, or to work in a summer job, the answer would have been correct. However, in this case, the applicant was applying for an immigrant visa to join her husband in the US. The only acceptable answer for the consul would be,”To be reunited with my husband and raise a family”.
Since the applicant just mentioned earning a living and did not include her husband in the answer, the consul decided that it was a marriage for immigration purposes. The visa was denied.
In this case, could the applicant submit an appeal, to say that she felt too shy to say that she wanted to go to America to be with her husband, or to say that she felt that the consul’s question was too personal? Unfortunately, her original answer is on record, and no amount of appeal can erase that. No matter what she thought, she lost her chance at a visa because she avoided giving the answer that the consul wanted to hear.
Does everyone in America marry for romantic reasons? No. Is it possible that people in America get married because of money? Yes. But, at the American consulate, when applying for a visa as a spouse, there is only one correct answer and that answer must refer only to the marital relationship.
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Q.1. In general, is it possible to appeal a consular officer’s decision?
A.1. An appeal can be made to the Chief of the Immigrant Visa Section of the Consulate. If this appeal is not successful, the next step would be to request an Advisory Opinion from the Visa Office of the Department of State. It can take a year or more to get the response from the State Department.
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Q.2. How much time is allowed to submit an appeal?
A.2. The regulation says that the consulate should keep the case open for one year after the interview. However, sometimes they make a decision in less than a year and return the petition to CIS in America for review and possible revocation. The applicant is not told about the returned petition until after the consulate has closed the case.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
14550 Magnolia St. #104 Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
First of all, the officer does have the authority to deny a case based on a single “wrong” answer. A consular officer must be reasonably sure that the applicant should get the type of visa that is being requested. If he has strong doubts, then he is required to deny the visa application.
Consular officers also consider other things beside the answers to the interview questions. They observe how the applicant interacts with them and with the consulate’s Vietnamese translators. And they notice the composure and the attitude of the applicant. If the officer perceives or feels that the applicant is hiding a material truth, something that would make him ineligible, then the consul will deny the case. The denial letter may say the real reason for the denial, or it may just give some reasons chosen at random.
Now, what was the one question that caused the applicant to be denied? The officer asked, “What is your purpose in going to America?”
This is a very simple question, but to get a visa, it must be answered in the right way. In this case, the applicant said, “I am going to America to work and make money”. That was the wrong answer.
Why was it wrong? Doesn’t everyone want to work and earn money? Doesn’t everyone want to work, save money, care for their family and also send some money home to the family in Vietnam?
If the applicant was going to America sponsored by an employer, or to invest in a business, or to work in a summer job, the answer would have been correct. However, in this case, the applicant was applying for an immigrant visa to join her husband in the US. The only acceptable answer for the consul would be,”To be reunited with my husband and raise a family”.
Since the applicant just mentioned earning a living and did not include her husband in the answer, the consul decided that it was a marriage for immigration purposes. The visa was denied.
In this case, could the applicant submit an appeal, to say that she felt too shy to say that she wanted to go to America to be with her husband, or to say that she felt that the consul’s question was too personal? Unfortunately, her original answer is on record, and no amount of appeal can erase that. No matter what she thought, she lost her chance at a visa because she avoided giving the answer that the consul wanted to hear.
Does everyone in America marry for romantic reasons? No. Is it possible that people in America get married because of money? Yes. But, at the American consulate, when applying for a visa as a spouse, there is only one correct answer and that answer must refer only to the marital relationship.
-------------------------------------------------------------------------------------
Q.1. In general, is it possible to appeal a consular officer’s decision?
A.1. An appeal can be made to the Chief of the Immigrant Visa Section of the Consulate. If this appeal is not successful, the next step would be to request an Advisory Opinion from the Visa Office of the Department of State. It can take a year or more to get the response from the State Department.
-------------------------------------------------------------------------------------
Q.2. How much time is allowed to submit an appeal?
A.2. The regulation says that the consulate should keep the case open for one year after the interview. However, sometimes they make a decision in less than a year and return the petition to CIS in America for review and possible revocation. The applicant is not told about the returned petition until after the consulate has closed the case.
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
14550 Magnolia St. #104 Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
42 Dang Thi Nhu, P. Nguyen Thai Binh, Q1, HCM (848) 3914-7638
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