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  1. #1

    Default Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    I totally believe that as an intending B1-B2 visitor to the US, it is the prerogative of the host country (as in this case the US) to allow or not to allow a visa; both morally and legally. The unchallenged discretion of the embassy where one applies:
    A refusal without assigning a reason is excellent as long as one is not assumed to be a liar both morally or legally if we really have any care for human values.
    Moreover,
    “The first sentence of INA 214(b) states that: "every alien (other than a nonimmigrant described in subparagraph (l) or (v) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except sub clause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)."
    The US Law 214 (b) presumes every nonimmigrant applicant who goes for pleasure and to meet friends….to be an intending immigrant……….etc etc!
    So the moment you apply for a US visa under B1-B2 in DS-160 the Visa officer is bound to consider you a liar applying for nonimmigrant visa under this category, until you can prove it otherwise.
    At interviews, the DS-160 becomes the main document and what they ask you becomes the only source, beside prior intelligence etc…etc, they have on their computers…; for the Visa Officers to develop their assumptions to confirm or reject this immigrant category and decide to give or refuse the visa (all done within a span of around five minutes).
    Morally, it is fine to refuse a visa and also not give the applicant any reason why. So when the VFS help desk says in their public response “…….visa refusal is based on the discretion of the Embassy.” It is good.
    Legally, when you are not even asked to prove your links to your home country and the Vo has a free hand to ask or not even attempt to ascertain this where is the transparency in all this by US law under section 214 (b)?

    Further, when the Visa officer is already bound by law to assume all nonimmigrant applicants as intending immigrants, and he hardly has time, where does justice and human ethics go? And when there is no appeal in a US court or any US administration process against this biased section 214 (b) of US law…..is it fair to the applicant?
    In any event, the embassy Visa officers are forced into a decision due to law, short time they have and the quantity of people to certify the applicant to be a liar when they reject the applicant’s visa and provide him with the 214(b) booklet as reasons that he is an intending immigrant…..!
    Refusal of a visa is no insult; but this certification of applicant to be a liar definitely IS.

  2. #2
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    Default Re: "Does 214 (B) Violates Human Rights with No Provisions of Appeal in the U.S. ”

    I agree. If I were you, I would be so outraged I would not want to ever step foot in that countries embassy, let alone enter their self righteous country. Stand up for morality, refuse to go to that country. I will applaud your moral standing.

  3. #3
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    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    The short answer to the question, "Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights"? No.

  4. #4

    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    Mr. Knowitall Sir,

    With all due respects and regards!

    I truly appreciate your “NO” to the “Presumption”…..and add…..

    1. When Club’s in India displayed “Dogs and Indians not allowed” it was presumed a dog and an Indian were not fit to join the club. There was no Human Rights violation.
    2. When M.K.Gandhi was presumed to be a colored man not fit to travel in the First class compartment train at Pietermaritzburg. There was no Human Rights violation.
    3. When Rosa Parks was asked by the bus driver to vacate her seat for the whites. There was no Human Rights violation.

    The violation became effective when:-
    1. One had to prove you were not a dog or an Indian to be allowed into the club.
    2. Or Gandhi was thrown out from the first class compartment.
    3. Or when Rosa Parks got arrested for her refusal to vacate the seat for a white man.

    My question was and still is:-
    “Does 214 (b) violates Human Rights with no provisions of appeal in the US?”
    A. Till the moment I did not get the 214 b booklet I did not even know if any such law existed, for an applicant to satisfy the presumed assumption, that I was open to be called a liar, if I was an intending immigrant; when I had specifically applied on the DS-160 for a B1-B2 nonimmigrant Visa . There was no Human Rights violation. (true)
    B. The moment I am refused the visa and given the 214 b duly certified by a US embassy official, it violated my human right by certifying that I had lied, for I had immigrant intent on a non immigrant visa. A confirmation for me to seek and ask:-
    “Does 214 (b) violates Human Rights with no provisions of appeal in the US?”
    Thank you, for being kind enough to have replied. I have no wish to defame any one, will accept being called a liar too; But think, how many people go to the US embassies and get to be called liars and don’t even know about it!

    Lol.

    Truly yours,
    -Jai

  5. #5
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    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    You seem to be thinking that "Human Rights" is some sort of universal law.

    Is that correct?

  6. #6

    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    For you Mr. Dogmatique Sir,

    Hahahahaahahahahhaha! TRUE.

    A quote for you:-

    "In the United States Senate, one of the things I observed in the early days - and it's still used - and that is that you take someone's argument and then you misrepresent it and misstate and disagree with it. And it's very effective. I've done it myself a number of times. But eventually, eventually people catch on." -Sen. Edward M. Kennedy, speaking at the National Press Club in Washington.

    And for you Mr. Knowitall Sir,

    "Problems cannot be solved at the same level of awareness that created them."

    -- Albert Einstein (1879 - 1955)

    Lol Does one need a lawyer for moral obligation, due from a great country like the United States of America on HUMAN RIGHTS?

    With all due respects to every one.

    -Jai

  7. #7
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    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    Quote Quoting jai kumar garg
    View Post
    Hahahahaahahahahhaha! TRUE.

    A quote for you:-

    "In the United States Senate, one of the things I observed in the early days - and it's still used - and that is that you take someone's argument and then you misrepresent it and misstate and disagree with it. And it's very effective. I've done it myself a number of times. But eventually, eventually people catch on." -Sen. Edward M. Kennedy, speaking at the National Press Club in Washington


    And you're posting because...?

    Go troll elsewhere. Thanks.

  8. #8
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    Default Re: Does a Presumption of Intent to Immigrate, INA 214(B), Violate Human Rights

    You are free to retain the world's best lawyer, spend every penny you can raise, and litigate the issue to the Supreme Court. The answer you get will still be "no".

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