Department of State, Advisory Option

[finecur]

Hi, I have US green card and would like to have my mother visit us. But she was rejected of B2 visa three times in Beijing, China. I talked to an immigration lawyer, he believe the reason to reject her visa is unlawful. He suggested we ask the Department of State issue an Advisory Opinion and then take it to the Embassy at Beijing. Anyone heard of the "Advisory Opinion"? How it works? Is it very effective?

Thanks,

ff

[rathi]

Hi ff,
A B2 visitor visa issuance to any foreign national is a privilage offered by US and IT IS NOT A RIGHT. You can not insist a consulate to issue someone visa.
I dont think any advisory opinion will do any favour to you except may be, it may hamper your mother's future application.
Instead of doing all that, try to find out what really is weak point in your mother's application and try to do something about it.

[finecur]

My mother came to US on B2 at May 2002. She stayed 6 months and we got an extension so she stayed for another 6 months. Then in about May 2003there was SARS (a deadly disease) in China so we applied for another extension. We believed it was a very strong case because even the US government at that time asked people did not go to China. This extension was rejected however at Oct 2003. In about 10 days after we receieved the rejection letter, my mother went back to China.

Now we try to get my mother here at B2. But for three times, her B2 application was rejected at Beijing Embassy because the immigration officer said she stayed here too long in 2003. My immigration lawyer believes there was no over-stay. And even there was, it should not have any impact because it was 4 years ago. He suggest us ask Department of State to issue an Advisory Opinion and then take it too Beijing Embassy.