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#1 mybabylove

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Posted 09 February 2011 - 10:11 PM

was very upset right now my daugthers grandmother was denied a tourist visa she supposed to bring my daughter here in the U.S they dont even check her papers I dont know if I can file a reconsideration with this case.

#2 Ampalaya

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Posted 09 February 2011 - 10:57 PM

was very upset right now my daugthers grandmother was denied a tourist visa she supposed to bring my daughter here in the U.S they dont even check her papers I dont know if I can file a reconsideration with this case.

Sorry but the way things are from so MANY filipinos going TNT over the years. Unless your grandma can show reasons she HAS TO/WILL return to the Philippines she doesn't stand much chance of getting a visitors visa!
I believe you only have 6 months for your anak to use her visa.

Edited by Ampalaya, 09 February 2011 - 11:06 PM.

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#3 mybabylove

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Posted 09 February 2011 - 11:18 PM

Sorry but the way things are from so MANY filipinos going TNT over the years. Unless your grandma can show reasons she HAS TO/WILL return to the Philippines she doesn't stand much chance of getting a visitors visa!
I believe you only have 6 months for your anak to use her visa.


hi Ampalaya she have bunches of evidence to show that she will return home but the thing is they dont even give her a chance to show. Yeap Im picking her up soon visa will expired end of may so i was looking for flights the cheapest I could get. I understand that being in a third world country its hard to get a visa.

#4 zzzlpr

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Posted 10 February 2011 - 04:02 AM

I don't mean to pick on you, but this is one of the reasons I highly suggest to bring the kid(s) with the mom.

You went through all the hassle and cost involved in leaving the kid to come later.

Wishing you the best,

Carlos.
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#5 MrkGrismer

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Posted 10 February 2011 - 02:10 PM

hi Ampalaya she have bunches of evidence to show that she will return home but the thing is they dont even give her a chance to show. Yeap Im picking her up soon visa will expired end of may so i was looking for flights the cheapest I could get. I understand that being in a third world country its hard to get a visa.


How old is your child? She may be able to fly by herself, or you might be able to take advantage of the airline's "unaccompanied minor" program. Many airlines have programs where for a small fee (last I check around $100) they will give an unaccompanied minor special attention. Pretty much somebody (airline staff) escorts the minor from the entrance of the airport thru everything and onto the plane (or at least to the waiting area), the flight attendants are made aware of the unaccompanied minor and then at the destination airport the minor is again escorted all the way to the waiting area. Much cheaper than a round trip ticket. If your child is old/mature enough that may be a good way to go.

In regards to the visa, a tourist visa in order to accompany a grandchild that is immigrating to the U.S. has a higher bar, it is readily apparent that the grandmother could end up staying in the U.S. 'to help take care of the child'. It is certainly far from unknown. Evidence of 'ties to the Philippines' would have to include things much more compelling than a daughter and granddaughter, and that's a pretty high bar.

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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#6 Ampalaya

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Posted 10 February 2011 - 04:18 PM

How old is your child? She may be able to fly by herself, or you might be able to take advantage of the airline's "unaccompanied minor" program. Many airlines have programs where for a small fee (last I check around $100) they will give an unaccompanied minor special attention. Pretty much somebody (airline staff) escorts the minor from the entrance of the airport thru everything and onto the plane (or at least to the waiting area), the flight attendants are made aware of the unaccompanied minor and then at the destination airport the minor is again escorted all the way to the waiting area. Much cheaper than a round trip ticket. If your child is old/mature enough that may be a good way to go.

In regards to the visa, a tourist visa in order to accompany a grandchild that is immigrating to the U.S. has a higher bar, it is readily apparent that the grandmother could end up staying in the U.S. 'to help take care of the child'. It is certainly far from unknown. Evidence of 'ties to the Philippines' would have to include things much more compelling than a daughter and granddaughter, and that's a pretty high bar.


Best if you can get her on a nonstop flight if she flys alone. Even if you have to fly to Hawaii and meet her it might be a LOT cheaper overall. You can get VERY cheap flights to Honolulu! Have fun naman!

"In regards to the visa, a tourist visa in order to accompany a grandchild that is immigrating to the U.S. has a higher bar, it is readily apparent that the grandmother could end up staying in the U.S. 'to help take care of the child'. It is certainly far from unknown. Evidence of 'ties to the Philippines' would have to include things much more compelling than a daughter and granddaughter, and that's a pretty high bar".

DITTO


"

Edited by Ampalaya, 10 February 2011 - 04:19 PM.

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#7 James in Austin Tx

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Posted 10 February 2011 - 04:47 PM

I know you, Ray, I and others usually speak out about this but sometimes for whatever reason it just isnt listend to by some coming here.. Oh well you can lead a horse to the water but ya cant make him drink it..


I don't mean to pick on you, but this is one of the reasons I highly suggest to bring the kid(s) with the mom.

You went through all the hassle and cost involved in leaving the kid to come later.

Wishing you the best,

Carlos.



#8 Ampalaya

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Posted 10 February 2011 - 09:08 PM

I know you, Ray, I and others usually speak out about this but sometimes for whatever reason it just isnt listend to by some coming here.. Oh well you can lead a horse to the water but ya cant make him drink it..



I've done NUMEROUS post stating "A bird in the hand is worth 2 in the bush"
Otherwise BRING the child when you come! I've seen RB state the same thing MANY times.
Bottom line is hopefully she will get the kid here no matter how she does it!
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#9 MrkGrismer

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Posted 10 February 2011 - 09:16 PM

I know you, Ray, I and others usually speak out about this but sometimes for whatever reason it just isnt listend to by some coming here.. Oh well you can lead a horse to the water but ya cant make him drink it..


Maybe it is more common with Filipinas, maybe not, but many people get an idea in their heads and they just can't even hear advice that contradicts it.

Had a friend that asked me for some advice on an R/C Helicopter, I was like "I wouldn't get that one, I'd rather spend $30 and get one from a more reputable brand where I could get parts for it anywhere." The first time he needed parts for it the one place that carried them was out-of-stock. Odd thing to me was he was acting as if I never said any of the things I said. Most likely he just never heard them.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#10 James in Austin Tx

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Posted 11 February 2011 - 04:08 AM

Selective hearing :unsure:


Maybe it is more common with Filipinas, maybe not, but many people get an idea in their heads and they just can't even hear advice that contradicts it.

Had a friend that asked me for some advice on an R/C Helicopter, I was like "I wouldn't get that one, I'd rather spend $30 and get one from a more reputable brand where I could get parts for it anywhere." The first time he needed parts for it the one place that carried them was out-of-stock. Odd thing to me was he was acting as if I never said any of the things I said. Most likely he just never heard them.



#11 Sonia M

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Posted 11 February 2011 - 05:38 AM

was very upset right now my daugthers grandmother was denied a tourist visa she supposed to bring my daughter here in the U.S they dont even check her papers I dont know if I can file a reconsideration with this case.


Hi Babylove Wife,
I enjoyed reading your CR1 blog. Your child visa journey does somehow resemble with my two teenage sons' immigration process about 2 years ago. For sure, your joy is going to double or triple or even more once you finally get her here.
I understand how you feel for your mother's visa denial. I had the same experience the first time I applied for tourist visa. The consul did not even flip over the 'mountainous' documents I brought in during the interview. The guaranteed question that most consuls ask the tourist visa applicants is immediately "What is the purpose of your travel?"
I learned it later that the interview with the USEM especially with B1/B2 is a 'fill-in-the-blank' type of a question. One question demands merely ONE answer. But most of the applicants respond to consuls defensively by treating the question as an essay type of interview. Consuls are not like judges in the court who need explanation. They want a short, concise, practical answer. When asked what is the purpose of the trip, the answer should ONLY be either business or pleasure. PERIOD. The applicants need not justify nor elaborate anything unless he is specifically asked to clarify otherwise. Most of those who have been denied of visa were very anxious and defensive to express their unnecessary rants while the truth of the matter is, the consuls donít really care. LOL.
If you think your mother has strong ties to the Phils proving she will/need to return, you might want to consider sending her back to the embassy and let take a second chance to get a tourist visa. You'll never know until she tries it again.
She does not have to mention about bringing a minor immigrant with her but simply say, it will only be a pleasure trip. Remember, one question, one answer! Let the consul do the follow- up questioning like "What kind of pleasure trip?". That's the time she can simply answer "to visit my daughter and her American husband. Period!"
My two sons were only 17 & 18 when they flew here by themselves in 2009. The first son who was 18 that time stood as the adult companion of the second son who was considered minor that time. As a Mom, I was nervous and dubious too if they could get here safe and sound by themselves. Budget was tight too so we could not afford flying to the Phils to pick them up from there. I sent them prepaid AT&T card so they would have some means of easy access to call us anytime during their entire trip. They made it through though. We are very proud of them. They are smart and brave.
Of course, having two young travelers is entirely a different situation with your daughter to fly just by herself.

I hope you will be able to figure out the best, easiest and fastest options to get your daughter to finally live here with you.

God bless!


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#12 edvillas

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Posted 03 November 2013 - 07:42 AM

a child has an appointment w/USCIS (inthe usa) to attend an hearing/ceremony, and has been denied.

 any suggestions,

 

they the embassy  said do the COB form here when its already been filed w/uscis.



#13 rbacon

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Posted 03 November 2013 - 03:55 PM

a child has an appointment w/USCIS (inthe usa) to attend an hearing/ceremony, and has been denied.

 any suggestions,

 

they the embassy  said do the COB form here when its already been filed w/uscis.

Ed,

 

Your message and question aren't clear.  Can you clarify what you are asking?  What was the hearing for?  Was there a clear denial, or request for more evidence?  If the child is in the U.S., what are you referring to by "..they the embassy said do the COB...?"



#14 edvillas

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Posted 14 November 2013 - 05:38 AM

Ed,

 

Your message and question aren't clear.  Can you clarify what you are asking?  What was the hearing for?  Was there a clear denial, or request for more evidence?  If the child is in the U.S., what are you referring to by "..they the embassy said do the COB...?"

the child has a hearing w/the uscis , the header states: ""

you are schedule to appear at the time and place indicated below for your citizenship hearing"

 

yes it was a "clear"denial , as evidence was shown that the "hearing and other submitted paperwork"

regarding this case was given to the embassy..

 

what i am asking . is what should be the next step? as this case is pending after 4+yrs now

 

the COB is the certificate of birth abroad


Edited by edvillas, 14 November 2013 - 05:39 AM.


#15 rbacon

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Posted 14 November 2013 - 06:29 AM

Ed,

 

Are you saying that the denial occurred 4 years ago?  If so, what has been done since then?

 

If this child is clearly eligible for derivative U.S. citizenship based in U.S. citizenship of the parent, there are additional hurdles that must be satisfied

 

1.  Has there been DNA testing?

2.  If the U.S. citizen parent was naturalized, how long had the U.S. citizen parent spent in the U.S. before claiming citizenship for the child?   If the denial was based on lack of U.S. residency time of the parent, then he may have to petition the child as an immigrant first, then apply for citienship after the child is in the U.S.

3.  Have there been Embassy requests for additional evidence that have not bee responded to by the parent(s)?

 

I'm sorry that I can't give more specific responses, but the information you are providing doesn't tell us much.  For example, you say below that the child has a hearing with USCIS.  This implies the child is in the U.S.

 

Maybe if you give more specific background info, we can give you better answers or suggestions

 

1.  Where is the child now?

2   What benefit was denied, and when, and by which agency (USCIS or Embassy)?

 

--Ray B

 

 

the child has a hearing w/the uscis , the header states: ""

you are schedule to appear at the time and place indicated below for your citizenship hearing"

 

yes it was a "clear"denial , as evidence was shown that the "hearing and other submitted paperwork"

regarding this case was given to the embassy..

 

what i am asking . is what should be the next step? as this case is pending after 4+yrs now

 

the COB is the certificate of birth abroad



#16 edvillas

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Posted 14 November 2013 - 06:50 AM

 

Ed,

 

Are you saying that the denial occurred 4 years ago?  If so, what has been done since then?

 

If this child is clearly eligible for derivative U.S. citizenship based in U.S. citizenship of the parent, there are additional hurdles that must be satisfied

 

1.  Has there been DNA testing?

2.  If the U.S. citizen parent was naturalized, how long had the U.S. citizen parent spent in the U.S. before claiming citizenship for the child?   If the denial was based on lack of U.S. residency time of the parent, then he may have to petition the child as an immigrant first, then apply for citienship after the child is in the U.S.

3.  Have there been Embassy requests for additional evidence that have not bee responded to by the parent(s)?

 

I'm sorry that I can't give more specific responses, but the information you are providing doesn't tell us much.  For example, you say below that the child has a hearing with USCIS.  This implies the child is in the U.S.

 

Maybe if you give more specific background info, we can give you better answers or suggestions

 

1.  Where is the child now?

2   What benefit was denied, and when, and by which agency (USCIS or Embassy)?

 

--Ray B

 

 

 

 

...............................................................

 

 

the child is here in the RP

the benefit denied was the b1/b2 visa

so the child could attend the "citizenship hearing"

 

 

 

 embassy has not requested any additional info yet. as no CRBA(birth abroad) was not filed as certain paper work could not be obtained w/in the short time period,( then that would be another $? spent)

the father is a US born citizen ,


Edited by edvillas, 14 November 2013 - 06:54 AM.


#17 Fritz

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Posted 14 November 2013 - 09:47 AM

The child needs either a formal award of citizenship by the Embassy (FS-240) or an immigrant visa to enter the US and gain citizenship by naturalization.

If the child is the natural born child of a US citizen who meets the requirements for passing citizenship to their children file for the FS-240. If neither parent meets the requirements for passing on derivative citizenship or the child is adopted or age 21+ an immigrant visa is required. This is why the B visa was denied ... it was the wrong visa for the purpose.
 

NOTE: Only biological children of Americans may qualify for a CRBA/Derivative U.S. Citizenship. Adoption of a child by an American citizen does not confer U.S. citizenship on the child. However, adopted children may be eligible for citizenship through naturalization, pursuant to a lawful admission into the U.S. as a permanent resident. See our Adoption information or the Department of State's Child Citizenship Act of 2000 page for more information.


US Embassy Manila instructions for children who have or will gain derivative US citizenship from parents.

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#18 rbacon

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Posted 14 November 2013 - 02:28 PM

 

the child is here in the RP

the benefit denied was the b1/b2 visa

so the child could attend the "citizenship hearing"

 

 

 

 embassy has not requested any additional info yet. as no CRBA(birth abroad) was not filed as certain paper work could not be obtained w/in the short time period,( then that would be another $? spent)

the father is a US born citizen ,

Ed,

 

Read Fritz' response.  

 

It doesn't sound as if anything was done correctly.  If the child's father was a U.S.-born citizen and paternity can be proven with correct documentation, then the child's U.S. citizenship and passport could be obtained through the Embassy.

 

To apply for a visitor (B2) visa for a chlid who obviously qualified for U.S. citizenship for purpose of having his citizenship recognized in the U.S. indicates a misunderstanding of the visa purpose.

 

--Ray B



#19 edvillas

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Posted 08 February 2014 - 05:51 AM

a child has an appointment w/USCIS (inthe usa) to attend an hearing/ceremony, and has been denied.

 any suggestions,

 

they the embassy  said do the COB form here when its already been filed w/uscis.

 

The child needs either a formal award of citizenship by the Embassy (FS-240) or an immigrant visa to enter the US and gain citizenship by naturalization.

If the child is the natural born child of a US citizen who meets the requirements for passing citizenship to their children file for the FS-240. If neither parent meets the requirements for passing on derivative citizenship or the child is adopted or age 21+ an immigrant visa is required. This is why the B visa was denied ... it was the wrong visa for the purpose.
 

US Embassy Manila instructions for children who have or will gain derivative US citizenship from parents.

The adventure continues
Fritz

 

thanks to all who have replied, your info has been read and helpful.

I finally received the "RIGHT" and most correct answer, That pertains to my situation

just a few days ago and would like to share

in addition.most of the info listed below was confirmed by an american embassy official in the "citizen affairs office"

If you have applied for naturalization of your child under Section 322
by filing form N-600K and you have a definite interview date and place
with USCIS in the USA, your child should be granted a visitor visa for
this purpose.

When you request the visa at the consulate, you should specify that it
is for the express purpose of having your child naturalized under
Section 322.  If the consular officer is unsure about the procedure,
you should ask him/her to refer to Part 9 of the Foreign Affairs
Manual, in particular: 9 FAM 42.21 where it is stated:
"...You may therefore receive applications for B-2 nonimmigrant visas
(NIVs) to attend Section 322 naturalization hearings (see 9 FAM 41.31
N14.6). You are encouraged to give positive consideration to such
cases whenever possible, and should not force or encourage such
parents and children to undergo the immigrant visa process if they do
not intend to reside in the United States."

You will have to reschedule your appointment with the USCIS in Dallas
before renewing your visa request.

I would like to thank the site/forum. as they have been of help to find the "right"answer.

americansabroad.org


#20 Fritz

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Posted 08 February 2014 - 04:08 PM

It does seem odd that these instructions are at odds with all published information available to the general public. But this is US immigration we are dealing with after all.

Thank you for posting that interesting set of instructions. Perhaps you should forward them to the Embassy. I am sure the staff there will be interested to know that their posted instructions are incorrect.

The adventures continue
Fritz

May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!





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