What's it take for Mexican citizens to secure travel visa to USA?
December 30, 2021 10:11 AM Subscribe
Asking for friend who has has not seen daughter and mother for many years. Is there any way to facilitate this family reunion?
Friend cannot leave USA to visit them. When daughter and mother apply for Visa in Mexico City their applications have been denied seemingly out of hand on multiple occasions. What are the criteria the United States government uses to determine which Mexican citizens are eligible for a Visa?
Over the years friend has paid thousands of dollars to immigration lawyers (in United States) who have not helped at all.
Btw, mother and daughter do not wish to live/remain here... but I imagine that's what the concern is on the part of the American government.
Friend cannot leave USA to visit them. When daughter and mother apply for Visa in Mexico City their applications have been denied seemingly out of hand on multiple occasions. What are the criteria the United States government uses to determine which Mexican citizens are eligible for a Visa?
Over the years friend has paid thousands of dollars to immigration lawyers (in United States) who have not helped at all.
Btw, mother and daughter do not wish to live/remain here... but I imagine that's what the concern is on the part of the American government.
It might help if you can elaborate on why the lawyers were of no help: did they try to do some things that failed for some reason, or did they just take the money and do nothing?
posted by The Pluto Gangsta at 1:05 PM on December 30, 2021
posted by The Pluto Gangsta at 1:05 PM on December 30, 2021
Response by poster: @The Pluto Gangsta... friend hired an attorney in Mexico... never met him, simply a referral. Atty had friend set up a shell business in the name of, (or owned by) mother.
Attorney told them to put money in the business bank account. This was supposed to "prove" that mother has substance and resources (my words) and reassure that they would return to Mexico.
Friend deposited about 80,000 pesos (4,000 USD) into the business account.
The attorney also set up appt at US consulate, pulled together various documentation. Attorney charged the equivalent of around $4,000 USD for this. This is a huge amount of money for friend.
When they arrived at consulate there was zero interest in the paperwork relating to the business... Visa application was stamped "denied" and mother and daughter were sent on their way.
The people in question are not sophisticated and somewhat desperate to see each other. It wouldn't surprise me if a cynical attorney took advantage of them.
posted by elf27 at 1:49 PM on December 30, 2021
Attorney told them to put money in the business bank account. This was supposed to "prove" that mother has substance and resources (my words) and reassure that they would return to Mexico.
Friend deposited about 80,000 pesos (4,000 USD) into the business account.
The attorney also set up appt at US consulate, pulled together various documentation. Attorney charged the equivalent of around $4,000 USD for this. This is a huge amount of money for friend.
When they arrived at consulate there was zero interest in the paperwork relating to the business... Visa application was stamped "denied" and mother and daughter were sent on their way.
The people in question are not sophisticated and somewhat desperate to see each other. It wouldn't surprise me if a cynical attorney took advantage of them.
posted by elf27 at 1:49 PM on December 30, 2021
I think it might make sense to talk to another attorney, but maybe see if you can get a referral through a reputable nonprofit. Catholic Charities does a huge amount of immigration work in Latin American communities, and they may be able to refer you to a lawyer who knows what they're doing and isn't going to scam you.
(I don't work in immigration law, and this is not legal advice, but I work in a related nonprofit legal field and know a decent number of immigration lawyers. If you want to message me some details about where the folks in question are located, I'm happy to ask around and see if anyone I know knows someone who might be able to help.)
posted by decathecting at 6:47 PM on December 30, 2021
(I don't work in immigration law, and this is not legal advice, but I work in a related nonprofit legal field and know a decent number of immigration lawyers. If you want to message me some details about where the folks in question are located, I'm happy to ask around and see if anyone I know knows someone who might be able to help.)
posted by decathecting at 6:47 PM on December 30, 2021
They got ripped off by a shady lawyer gambling on a “loophole” they heard about from other lawyers; do as decathecing suggests.
posted by aramaic at 8:33 PM on December 30, 2021
posted by aramaic at 8:33 PM on December 30, 2021
Unfortunately, if I’m understanding correctly that they’re applying for visitors (B1/B2) visas and being refused under 214(b) (by far the most common visitors visa refusal, which comes down to not being able to show enough ties to your home country to overcome the presumption that you’ll seek to stay in the U.S.), this isn’t a situation where an attorney can offer much help. There’s no legal argument that can win the day - they just need to convince the interviewer that they intend to travel to the U.S. as tourists and return to Mexico. As this sad situation shows, this can be difficult or impossible, especially after some scam artist convinced them to claim to have a shell company that was likely quite transparent and damaged their credibility.
The best option is likely to look into options like dum spiro spero suggests. I assume your friend can’t travel to Mexico because they aren’t in the U.S. legally and wouldn’t be able to return - if that’s correct, they may still be able to apply for something like advanced humanitarian parole to leave the country and return for a specific humanitarian reason (I’m NOT an expert on this - definitely need to do some more research before pursuing that option). If I’m wrong and your friend can travel outside the U.S. but just not to Mexico, they could look into meeting up in countries with friendlier travel policies.
posted by exutima at 6:00 AM on December 31, 2021 [3 favorites]
The best option is likely to look into options like dum spiro spero suggests. I assume your friend can’t travel to Mexico because they aren’t in the U.S. legally and wouldn’t be able to return - if that’s correct, they may still be able to apply for something like advanced humanitarian parole to leave the country and return for a specific humanitarian reason (I’m NOT an expert on this - definitely need to do some more research before pursuing that option). If I’m wrong and your friend can travel outside the U.S. but just not to Mexico, they could look into meeting up in countries with friendlier travel policies.
posted by exutima at 6:00 AM on December 31, 2021 [3 favorites]
I don't know the criteria but when I was in the Peace Corps in Nicaragua I heard from someone who worked at the embassy that they basically deny 99% of visa applications. It is very, very hard for Latin Americans to legally enter the US (for tourism or otherwise) if they are poor or working class. The assumption is that they are applying for a tourist visa as a way in to stay and work as exutima explains above. I'm sorry for your friend's situation. It is really awful and unfair. The friendship park or meeting up in a different country might be the most feasible option. Depending on the daughter's age and situation perhaps she could try going on a student visa/school trip/exchange student program to get into the US.
posted by emd3737 at 8:28 AM on December 31, 2021
posted by emd3737 at 8:28 AM on December 31, 2021
This thread is closed to new comments.
Unlike the US-Canada Peace Arch Park, there's a fence between the two sections, but might still be worth it if it's been that long.
Alternatively: family goes to Vancouver, and they meet at Peach Arch Park, which is just a big grassy area.
posted by dum spiro spero at 11:48 AM on December 30, 2021 [1 favorite]