US tourist visa after being denied but with transit visa

US tourist visa after being denied but with transit visa - Passport on Top of a Planner

My sister-in-law from Nicaragua was denied a tourist visa to visit us in the U.S. about 2 years ago. Since then, he has gotten a transit visa for the U.S. and has traveled through the U.S. to the Netherlands to visit her boyfriend.

She will be going to the Netherlands again soon and we would love it if she could visit us but I'm not sure if she has a chance at a visa now. Before she was working and now she isn't, but it seems to me she has demonstrated that she would not be coming her to stay illegally, because she has traveled here in transit (just to make connecting flights). Is it worth applying for a visa? Could she apply while she is in Holland and if so, how would that effect her odds of getting the visa?



Best Answer

I think it would be less likely she would be granted a visa if she applied for it in the Netherlands instead of her home country.

Unlike many countries, the US will allow people to apply for a nonimmigrant visa from any country they're legally present in, even as a tourist (unless they've had a previous visa cancelled at the border, then they must do it from their home country). So, she can apply for it there.

The problem is twofold: First, that the US embassy there will find it much more difficult to verify any relevant documents from Nicaragua, and if they are unable to verify information, the visa could be refused. Second, that she might not have the documents with her to begin with!

Then again, if she is relying on her boyfriend to support her, it may be better to apply for the visa in the Netherlands, as his information would be more relevant, and easier to verify from the Netherlands. But this would be a stronger case if they were already married.




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Can you get a visa after being denied?

After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.

Do I need transit visa for USA if I have visitor visa?

If you already have a valid visitor (B) visa, you may be able to use it to transit the United States. If you are a citizen of a participating country, you may be able to transit the United States on the Visa Waiver Program.

What if US tourist visa is denied?

While you can't appeal the consular officer's decision, the good news is that the decision is not permanent and you can reapply for a visa at any time after your refusal.



10 Reasons Your US Visa May be Denied




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