Los Angeles, CA asked in Immigration Law for California

Q: Is there a better visa option for US entry besides the B2 visa? Rejected twice

My partner is Irish, 24, single, & live with his parents. He applied for a B2 visa & was rejected 2ce last year, not strong enough ties to home. The 2nd time he brought a letter from his job & still received the rejection. Since then he has traveled to Asia for 4 months & recently returned home. He got his job back and has been working for 1 month now. Please see my Qs below:

1. What are the chances of getting denied again for the B2 visa? How much longer should he wait to apply again? Assuming it will look better if he works for longer.

2. Do special events like a wedding/graduation/visiting colleges help?

3. When he applies for the B2 again how many months should he say he is staying for?

4. Is there another visa that will be better?

5. Did traveling in Asia hurt his chances?

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1 Lawyer Answer

Nasir Khan Esq.

Answered
  • Immigration Law Lawyer
  • Murrieta, CA
  • Licensed in California

A: Hi there,

Given the facts provided, here's the best answer I can give right now.

1) The chances of being denied are pretty good, given that the US already doesn't believe he wants to return home.

2) Special events in Ireland help to prove he has something to return to. Special events in the US help prove he has something limited in the future to attend, boosting the case for a visit.

3) He should state he is staying only for the duration of whatever event he wants to visit for.

4) There may be many other visas which will work, but any attorney would need to ask you tons of questions before determining which would be best.

5) Traveling to Asia does not hurt his chances, but its largely country specific. If he traveled to Afghanistan, say, that might raise a couple flags. Singapore, not so much.

You mentioned he was your "partner". Does that mean you are married? If so, having disclosed that fact might be the reason he's being rejected. Ireland is a visa waiver country though, so if he wants to come to the US for about 90 days without getting a visa, he can do so right at the airport. For a more detailed answer, I'd suggest contacting an experienced immigration attorney.

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