Options After a B2 Denial
Hello,
My husband (British citizen) and I (Canadian citizen) have been living in Canada for just over a year, having moved from Scotland in Sept '09. We have a business and a house in Scotland, but decided to give Canada a try this past year to make sure that Scotland is the best choice to make our permanent home. We have come to the conclusion that it is but have decided to go on a holiday before we head back.
We are planning a climbing trip to the US, starting January '10. Today he had an appointment with the US Embassy to get approval on his B2 Visitor Application but was denied because he didn't show enough proof of ties back to the UK. We had underestimated the amount of "evidence" they would need to see, and the mortgage statements were simply not enough.
We are totally at their mercy here and I am unsure how to proceed. They said that we couldn't simply re-apply and bring further evidence and that the best thing to do would be "to go back to Scotland for 4 - 5 months to re-establish yourselves there before re-applying". Is there nothing we can do? I'm trying to consult an immigration lawyer but before I pay all the cash for the consultation fee I want to know that there is still hope.
Thank you very much in advance for your advice.
Re: Options After a B2 Denial
I can't promise you either that the USCIS will revisit the decision on a faster schedule than they've described, or that an immigration lawyer will help. I do suggest consulting an immigration lawyer with the details; but I suggest trying to get a free consultation and only hiring the lawyer if there's a substantial chance of success.
Is there something in your husband's background that is at play here? Normally I would expect a U.K. citizen to enter under visa waiver, rather than seeking a visa. Does he have a past overstay?
As you know, if all else fails, there are some wonderful mountains in Canada.
Re: Options After a B2 Denial
Thanks very much for the response, Mr Knowitall.
Nothing amiss in my husband's background at all. No overstays or anything to that effect. What we assumed was lacking, was a lot more evidence to prove ties back to the UK - although the immigration officer did say it wasn't so much further evidence, but more so our situation. He said, because we had a little more financial freedom (I'm thinking more money in our savings but not sure), that we were candidates for possibly deciding to just stay in the US. This makes absolutely no sense since we can't get work there without the proper immigration steps being followed, nor do we want to since we're returning to a successful business in the UK in 2010. He also said he had no way of checking our documents (eg. business ownership, house mortgage documents, etc) since they were from the UK. Is this true?
We looked at the VWP (in retrospect, wishing we had gone that route) but it's only for a 3 month stay, so we thought we would try for the lengthier B2 visa. Could you tell me if he will be denied qualification for the VWP now because of this recent B2 refusal?
I'm currently trying to consult an immigration lawyer, but still waiting for her to respond with what she thinks our options are. Hard to stay patient when our January departure looms so quickly! Canada might have been an option if it were more climbable in the winter (ice climbing is no longer a part of our skill sets).
Thanks again for your advice. Feeling quite desperate for answers at this point.