What if my husband was denied visa because of his tattoos? 3 Answers as of February 20, 2012
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?Free Case Evaluation by a Local Lawyer!
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Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 2/20/2012
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
You should contact your local federal congress member because the denial must be reasonable. He or she can inquire.
Answer Applies to: California
Replied: 2/20/2012
World Esquire Law Firm | Aime Katambwe
INA 212(a)(3)(a)(ii) deals with a suspicion by a Consular Officer that a person is more likely than not to come to the US to engage in unlawful activities in the US. The question is: what does the CO know about your husband? Has he been to the US before? Has he engaged in unlawful activities in the US before? Was he previously removed from the US? On what grounds? Having tattoos is not ground for a visa denial. So, try and figure out what in your husband's past leads the CO to deny him a visa and then consult with competent counsel to help you figure a way out of ES and into the US.
Answer Applies to: California
Replied: 2/17/2012
