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J1 by 4th time refused 'cause DV???????????

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  • J1 by 4th time refused 'cause DV???????????

    okay this gotta be so odd, first, does some1 knows where can i find out about the limitations or restrictions for been applying J1???
    here is my case. J1 no subject to INA 212(e).

    last week i applied for J1 Visa for 4th time but also always coming back to my home country with NOT over staying at all last 3 times/years.
    i also wanna mention that i've been applying for the (DV) Lottery for the last 4 or 5 years, every year since my country can participate.

    well last week in my interview the officer was getting all my paper work but than later she just stop looking at my paper work, keyboarding on her computer than she came with "hooo seems that you have applied for 2008(DV) Lottery” (while i have applied since 4 or 5 years back to 2008) than she just went like, “i am sorry you are not illegible for a visa cause you are in the (DV) Lottery"... but than gave me a paper with 214(b)??? i still have the same "strong ties to my country" or even more than years before (i mean what’s the difference of the last 3 times applying for J1 but also the DV and always got my J1??? (did i win DV or what? hahaha yea right) anyways the last 4 years DV Lottery Instructions (pdf) page 9 chapter 29 says "PERSONS WHO ARE ALREADY RIGISTRERED FOR AN INMIGRANT VISA IN ANOTHER CATEGORY MAY APPLY FOR DV PROGRAM" or am I interpreting that wrongly???

    i didn’t say nothing but take my papers and walk away , well why this frikin year they are finding that i have applied for (DV) Lottery when in every year back to 2008 i have applied for DVs as well applying every summer J1 without any problem!!! i wonder if my husby has something to do with it, since he is in DV too but not applying for a visa now.
    my sponsor told me that i can still apply again and see if i can still get my J1 but honestly I don’t wanna waste more money since they might be blacklisted me or something but also I don’t wanna get worst my file/profile/visa or whatever in them system and get refused it again.

    well hope some one have an idea, thoughts or help would be very thankful.

    Thanks to all…



  • #2
    Originally posted by artie
    "PERSONS WHO ARE ALREADY RIGISTRERED FOR AN INMIGRANT VISA IN ANOTHER CATEGORY MAY APPLY FOR DV PROGRAM" or am I interpreting that wrongly???
    But J1 is NOT immigrant visa. It is a non-immigrant visa. Last couple of times, you just got lucky.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      okay.

      Originally posted by txh1b
      But J1 is NOT immigrant visa. It is a non-immigrant visa. Last couple of times, you just got lucky. "PERSONS WHO ARE ALREADY RIGISTRERED FOR AN INMIGRANT VISA IN ANOTHER CATEGORY MAY APPLY FOR DV PROGRAM" or am I interpreting that wrongly???

      okay, help me plsss. thats for the DV lottery right, whats the difference/limitations or restrictions for applying j1??? make sense?

      Comment


      • #4
        F1/J1/Visitor visa applicants should have non-immigrant intent for the VO to approve a visa in these categories and the burden to prove that is upon the applicant.

        You have clearly indicated an immigrant intent by applying for DV, 4 times. Now, it will be difficult for the VOs to see a non-immigrant intent.

        It is a tough case for an approval.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          F1/J1/Visitor visa applicants should have non-immigrant intent for the VO to approve a visa in these categories and the burden to prove that is upon the applicant.

          You have clearly indicated an immigrant intent by applying for DV, 4 times. Now, it will be difficult for the VOs to see a non-immigrant intent.

          It is a tough case for an approval.

          sorry whats VO????

          the rest i got what you mean, is too bad and so sad to see that for so much people that over stay or try to immigrate to USA I cant get my visa again, as you can see and I mentioned I have applied for the DV few years before (that makes me look intentions to immigrate right) but as I said also even that I have applied for DV before and also I have had get a Visa before I respect the rules and I come back every year as my Visa says my staying period, I’ve been in USA before with my visa but also applied for the DV but even thou I got back to my home country I don’t wanna be illegal, so what I mean is that okay, I might have the intentions to immigrate but straight, legally, not over staying and braking my visa rules, you know what I mean??? ‘cause if that would be the case since years before I would stay, right? So is sad to see the officers get wrong ideas because of so much people try to brake visas rules and over staying but not like me…

          Comment


          • #6
            Visa Officer (VO)

            The immigration law says "No immigrant intent" for the visa types here. Hence, even if you decide to legally do it, it is tough as the law says so.

            Same is the case for a visitor if he has immigrant intent or if he has family in US, VOs are more careful.

            I would suggest you to try your luck again for the J1 visa if you are keen.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              thanks...

              Originally posted by txh1b
              Visa Officer (VO)

              The immigration law says "No immigrant intent" for the visa types here. Hence, even if you decide to legally do it, it is tough as the law says so.

              Same is the case for a visitor if he has immigrant intent or if he has family in US, VOs are more careful.

              I would suggest you to try your luck again for the J1 visa if you are keen.

              gotcha "txh1b" thanks mate...

              Comment


              • #8
                hey txh1b...

                txh1b-
                do you think that if get a some letter or something like that from a friend/s that i have in USA would help or it could make things worst??? Thanks…

                Comment


                • #9
                  depends on who your friend is and what the letter says...
                  Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

                  Comment


                  • #10
                    actually...

                    Originally posted by PraetorianXI
                    depends on who your friend is and what the letter says...
                    actually i have no idea but as i read here about some letters, but i dont know what they could say, and what do you mean whos my friend???
                    thanks PraetorianXI ...

                    Comment


                    • #11
                      is your friend some college student kid or a senator, congressman, CEO, etc.

                      I meant your friend's connections.
                      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

                      Comment


                      • #12
                        thanks for replying back "PraetorianXI"

                        Originally posted by PraetorianXI
                        is your friend some college student kid or a senator, congressman, CEO, etc.

                        I meant your friend's connections.

                        hehehe I am not that important to have congressman friends or senators. Anyways what I meant friends by simple people that I know back there in USA, very well employed though, the program that usually I go is work & travel so there is no any type of class mates or something like that.
                        By the ways I was pretty busy with school things "finals' that’s why I didn’t reply back but here I am since I still have time to get another try at the embassy, so I still ask you "PraetorianXI" do you think a letter from them would be some help or it could make thangs worst???

                        thanks for let me know but also I already know that “The information you obtain from “you ” at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation”.

                        Thanks "PraetorianXI" ….

                        Comment

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