QUESTION
What if my husband was denied visa because of his tattoos?
Asked on Jan 24th, 2012 on Immigration - California
More details to this question:
My husband's visa was denied in ES due to the embassy's assumption that he is a gang member because of non-gang related tattoos. Husband was denied his visa at the US consulate in San Salvador. He has no criminal convictions, no criminal history in ES, just some tattoos: 1. the salvadorian flags shield; 2. the letters E and S; 3. a clown. We were denied two times with no explanation just the law INA 212(a)(3)(a)(ii) and confirmation from the consul manager that his tattoos were a main factor in the denial. We have kids. I live in California. We were never given any formal denial letter. What can I do at this point?
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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I would suggest you or he do some research on the gang-related tattoos and establish these are not the same and why he got them. The burden is on him to show admissibility so that is what needs to be done. Even former gang-affiliation is not by itself enough reason for denial but he needs to establish his good moral character now.
Answered on Feb 20th, 2012 at 6:14 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You should contact your local federal congress member because the denial must be reasonable. He or she can inquire.
Answered on Feb 20th, 2012 at 10:00 AM