Immigration Atty. Michael Gurfinkel
"I truly believe that one of the hardest parts of a consul’s job is refusing a visa to a person who desperately needs to go to the US for some dire emergency, such as a sickly relative or for a funeral. However, Congress has enacted Section 214(b), and consuls are required by law, to follow the law."
In a previous, article, Idiscussed visa refusals under Section 214(b). Here is more information about visa refusals under Section 214(b).
Many people applying for visitor, student, or certain other non-immigrant visas are saddened when their visa application is refused. At their interview, they are handed a sheet of paper, advising them that their visa was refused under Section 214(b).
Some of these visa applicants have a very urgent need to go to the US, such as a sickly or dying relative, attend a funeral, etc., and cannot understand why the consul would refuse a visa under such heart-wrenching circumstances. They become even more frustrated when an acquaintance is issued a visitor’s visa in order to go to Disneyland, or because that acquaintance told the consul that they want to go shopping on Rodeo Drive. How is it possible that one person can be issued a visitor visa to go shopping, but another person is refused the visitor’s visa in order to attend a close relative’s funeral? In this article, I will discuss various aspects of a Section 214(b) refusal.
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age) remained the same at September 1, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date remained the same at July 1, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date moved forward by 7 days from August 1, 1986 to August 8, 1986.
I am sure that most people are aware of the controversy surrounding Willie Revillame’s comments about airing Cory’s funeral procession during a live broadcast of Wowowee. Willie felt it was awkward, inappropriate, and out of place for people to be laughing, dancing, and singing on Wowowee, while there was an on-screen video feed of a funeral. He would have favored a taped-delayed broadcast of Wowowee, so the funeral procession could have full, live coverage.
Willie meant well, and intended well. And even his harshest critics and detractors would have to honestly admit or agree that he was right: it was awkward and out of place to have a live broadcast of people laughing and having a good time along side the image of a coffin making its way down the streets of Manila.
In a previous article, I had discussed various types of petitions and the family members who are (and are not) included under those petitions. Here are more petitions and who is included under them.
Married child of US citizen (F-3)
• Spouse: A spouse is allowed as a derivative beneficiary.
• Children: Children are allowed to be included as derivative beneficiaries.
Dear Atty. Gurfinkel:
Many years ago, I was petitioned by my sister when I was young and single. While waiting for my priority date to become current, I got married and had children.
My priority date is now current and I am about to be processed for my visa. Would my kids and spouse be able to immigrate with me even though they are not listed in the petition?
Very truly yours,
D.M.
IN a previous article, I discussed the differences between a non-immigrant visa and an I-94 (white, postcard-size document stabled in your passport upon entry into the US.) In this article, I will discuss the differences between the expiration dates on the visa and on the I-94.
Expiration dates
The expiration on a visa is different from the date stamped on your I-94 by the CBP officer. The expiration date on the visa indicates the time period during which you can travel to the US. The date on the I-94 indicates the length of time that you are allowed to stay in the US on THIS PARTICULAR TRIP. Therefore, if you have a 10 year multiple entry visa, but the CBP officer gave you 6 months for this trip, then the length of time that you can lawfully stay in the US on this particular trip is 6 months, not 10 years. Similarly, if your visa expires in 2 weeks, but the CBP officer gives you 6 months on the I-94, you are allowed to stay the 6 months. (However, you would then need to apply for, (or renew) your expired visa when you return to the Philippines in order to travel back to the US).
Petitions by citizens
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age) moved forward by 14 days from September 1, 1993 to September 15, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 1 month and 7 days from July 1, 1991 to August 8, 1991.
Many people are confused between the expiration date on their non-immigrant visa and the expiration date on their I-94 (the little white postcard-sized arrival/departure record stapled in your passport upon arrival in the US).
For example, a person may have a 10-year multiple visitor’s visa, but the Customs and Border Protection (CBP) only gives him only 6 months to stay in America for a visit. On the other hand, a person’s visitor’s visa may be expiring in 2 weeks, but the CBP officer allows him to remain in America for 6 months. So, which document controls, and what are the differences between a visa and an I-94?
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