Trying to get US Visitor Visa from Canada

[lb_thir13en]

Hi there,

I just got back from the US consulate in Toronto with a denial for my visitor visa application. The reason for the denial is that I haven't been living long enough in Canada. Does anyone know if there is a recommended time that I have to prove I've been here in order to not seem like I'm about to go back and settle there again?

Long story short, I moved to the US with my parents when I was 15 from Europe, had a student visa there, went to university, then got an H1B visa and worked there for 5 years. I got my Canadian PR card in 2017 (my H1B was going to expire Fall of 2018). I moved to Toronto at the beginning of October, but what I wanted was to get a visitor US visa for a couple of years at least, so I can go and visit my parents whenever, for birthdays, holidays etc, maybe a week or two at a time. I have a job here in Canada, I live here now, but they turned me away regardless and they didn't even offer me a chance to explain. The lady at the counter literally asked me 3 questions and denied me, without looking over any of the paperwork that I brought with me.

How am I supposed to see my parents and friends? I had no idea I would get denied for such a silly reason. I understand the fear they have behind it, but when is it a good enough time to relieve them of the worry that I might want to settle there? Because I don't. Canada is my home now and I couldn't be happier. I actually want to get citizenship here, but both of my parents have Green Cards in the States and bought a house there, and they are not going anywhere. I just want to go visit once in a while and see them and spend time with them. What is so criminal about that. I don't understand.

 

[steaky]

How am I supposed to see my parents and friends? I had no idea I would get denied for such a silly reason. I understand the fear they have behind it, but when is it a good enough time to relieve them of the worry that I might want to settle there? Because I don't. Canada is my home now and I couldn't be happier. I actually want to get citizenship here, but both of my parents have Green Cards in the States and bought a house there, and they are not going anywhere. I just want to go visit once in a while and see them and spend time with them. What is so criminal about that. I don't understand.

You can meet them at Peach Arch park at the BC/WA border.

 

[rish888]

Try applying again. It seems odd given that you have lived in the US (thus have a proven record of respecting immigration legislation) and you have Canadian PR, which puts you at a pretty low risk of staying illegally in the U.S.

Maybe the lady was having a bad day or something, just apply again and hopefully you get a visa.

Just fyi, I'm not sure if you're married or not, but if you're unmarried your parents can petition to get you a green card. Once they become citizens they can petition to get you a green card regardless of your marital status.

 

[Joshua1]

both of my parents have Green Cards in the States

They denied you for 2 reasons:

1. they assume you're gonna stay there because your parents are green card holders... it sounds silly, since you had a work visa... they consider these to be non related

2. as you correctly assumed, you have not been here long enough... I assume that you are single... no kids etc. These support the assertion above

 

[MumTraveller]

I have been living in Canada for 4 months on work permit. My wife would be joining me soon. We are planning to visit US in couple of months. We were thinking to apply mine and my wife's visa from Canada since we will be applying together. Is there a constraint for a documented address of Canada for my wife, since we are thinking to apply for US visitor visa soon after my wife arrives in Canada. I have all the proof of residence, income and bank statements. We will be showing her proof of residence, employment and bank statement from home country. will that be sufficient to show intent to go back?

 

[SeniorStakes]

Hi there,

I just got back from the US consulate in Toronto with a denial for my visitor visa application. The reason for the denial is that I haven't been living long enough in Canada. Does anyone know if there is a recommended time that I have to prove I've been here in order to not seem like I'm about to go back and settle there again?

Long story short, I moved to the US with my parents when I was 15 from Europe, had a student visa there, went to university, then got an H1B visa and worked there for 5 years. I got my Canadian PR card in 2017 (my H1B was going to expire Fall of 2018). I moved to Toronto at the beginning of October, but what I wanted was to get a visitor US visa for a couple of years at least, so I can go and visit my parents whenever, for birthdays, holidays etc, maybe a week or two at a time. I have a job here in Canada, I live here now, but they turned me away regardless and they didn't even offer me a chance to explain. The lady at the counter literally asked me 3 questions and denied me, without looking over any of the paperwork that I brought with me.

How am I supposed to see my parents and friends? I had no idea I would get denied for such a silly reason. I understand the fear they have behind it, but when is it a good enough time to relieve them of the worry that I might want to settle there? Because I don't. Canada is my home now and I couldn't be happier. I actually want to get citizenship here, but both of my parents have Green Cards in the States and bought a house there, and they are not going anywhere. I just want to go visit once in a while and see them and spend time with them. What is so criminal about that. I don't understand.

Hi, Just curious, were you finally able to reunite with your parents?

 

[jakklondon]

Hi there,

I just got back from the US consulate in Toronto with a denial for my visitor visa application. The reason for the denial is that I haven't been living long enough in Canada. Does anyone know if there is a recommended time that I have to prove I've been here in order to not seem like I'm about to go back and settle there again?

Long story short, I moved to the US with my parents when I was 15 from Europe, had a student visa there, went to university, then got an H1B visa and worked there for 5 years. I got my Canadian PR card in 2017 (my H1B was going to expire Fall of 2018). I moved to Toronto at the beginning of October, but what I wanted was to get a visitor US visa for a couple of years at least, so I can go and visit my parents whenever, for birthdays, holidays etc, maybe a week or two at a time. I have a job here in Canada, I live here now, but they turned me away regardless and they didn't even offer me a chance to explain. The lady at the counter literally asked me 3 questions and denied me, without looking over any of the paperwork that I brought with me.

How am I supposed to see my parents and friends? I had no idea I would get denied for such a silly reason. I understand the fear they have behind it, but when is it a good enough time to relieve them of the worry that I might want to settle there? Because I don't. Canada is my home now and I couldn't be happier. I actually want to get citizenship here, but both of my parents have Green Cards in the States and bought a house there, and they are not going anywhere. I just want to go visit once in a while and see them and spend time with them. What is so criminal about that. I don't understand.

Irony of your situation is that as you were denied US non-immigrant visa, Biden administrated implemented wide-open border policy on the South, which resulted in chaos and hundreds of thousands of illegal migrants pouring in. As if this wasn't absurd enough, Biden promised up to $450,000 in settlements for each family of illegal migrants that was separated during Trump administration. And in the meantime you can't get a temp visa to see your parents in the US. Welcome to crazy post-covid world we live in.

Now, to answer your question: there is no time written in stone that it takes for you to overcome the denial. The issue you have is a presumption that you have intention to immigrate to the US. This presumption in universal, but in your case is harder to rebut because you have two parents, US LPRs, and you had H-1b (dual intent) visa when you lived in the US. In the eyes of consulate, you are an intending immigrant who has all means to stay, get a job and establish yourself in the US.

Having said above, you can do two things. First, you can try to re-apply for non-immigrant visa next year (and once a year thereafter), in the hopes that you will have better officer or just better luck next time. Perhaps, you should make an appointment and see some consulate employees before you go back seeking a visa. This way you can informally introduce yourself and your paperwork, that substantiates your claim that you are too well established in Canada to give it up for uncertain future in the US. Second, if above doesn't work then wait until eligible and apply for Canadian citizenship ASAP. As bearer of Canadian passport, you will be visa exempt and able to travel to US anytime you wish.

 

[Naturgrl]

Irony of your situation is that as you were denied US non-immigrant visa, Biden administrated implemented wide-open border policy on the South, which resulted in chaos and hundreds of thousands of illegal migrants pouring in. As if this wasn't absurd enough, Biden promised up to $450,000 in settlements for each family of illegal migrants that was separated during Trump administration. And in the meantime you can't get a temp visa to see your parents in the US. Welcome to crazy post-covid world we live in.

Now, to answer your question: there is no time written in stone that it takes for you to overcome the denial. The issue you have is a presumption that you have intention to immigrate to the US. This presumption in universal, but in your case is harder to rebut because you have two parents, US LPRs, and you had H-1b (dual intent) visa when you lived in the US. In the eyes of consulate, you are an intending immigrant who has all means to stay, get a job and establish yourself in the US.

Having said above, you can do two things. First, you can try to re-apply for non-immigrant visa next year (and once a year thereafter), in the hopes that you will have better officer or just better luck next time. Perhaps, you should make an appointment and see some consulate employees before you go back seeking a visa. This way you can informally introduce yourself and your paperwork, that substantiates your claim that you are too well established in Canada to give it up for uncertain future in the US. Second, if above doesn't work then wait until eligible and apply for Canadian citizenship ASAP. As bearer of Canadian passport, you will be visa exempt and able to travel to US anytime you wish.

The post is from 2018 so nothing to do with Biden.

 

[jakklondon]

The post is from 2018 so nothing to do with Biden.

There you go to my ignore list. Next!

 

[Copingwithlife]

There you go to my ignore list. Next!

I’m positive they’ll be losing sleep over that ….
How about you just go ignore everyone then you can end up just replying to yourself
Should end up being an spine tingling conversation
Problem solved