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I want to sue US Embassy for the denial of my VISA?

Corporate Law Discussions

I want to sue US Embassy for the denial of my VISA?

Postby adin55 » Sat Mar 10, 2012 7:18 am

I'm running my US based LLC from foreign country and one of my partner is US citizen. 3 weeks ago he went under open heart surgery and he sent me letter to come to USA and fill your tax on time. I went to US embassy for the Interview they rejected my VISA and said it all can be done through online medium but i emphasized that it is a corporation tax so i have to be there to deal with my lawyer and collect 1099 forms. Now as a consequence of this rejection we are not able to submit all documents on time because I'm in foreign country and partner is in Hospital. Late tax filling will impose heavy penalty on our business. Please tell me if I can challenge the decision of Visa officer and get this penalty waived off or get a chance for VISA to USA ?
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I want to sue US Embassy for the denial of my VISA?

Postby jabin20 » Sat Mar 10, 2012 7:22 am

The US Embassy is part of the US Government so you're wasting your time.
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I want to sue US Embassy for the denial of my VISA?

Postby webb » Sat Mar 10, 2012 7:26 am

you don't have any grounds to sue, since you have no legal right to get a tourist or business visa to enter the US. How is it that you have a US based company and you don't already have a B1/B2 visa at the very least? you can't really challenge the decision of the interviewing officer. all you can really do is apply again and hope that you'll get a different decision the next time.
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I want to sue US Embassy for the denial of my VISA?

Postby ricard83 » Sat Mar 10, 2012 7:29 am

you don't have any grounds to sue, since you have no legal right to get a tourist or business visa to enter the US. How is it that you have a US based company and you don't already have a B1/B2 visa at the very least? you can't really challenge the decision of the interviewing officer. all you can really do is apply again and hope that you'll get a different decision the next time.
your US partner only had to ask an accountant to complete tthe books .. you have no right to enter the US at any time .. they gave you a reason for denial ...work on that ...
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I want to sue US Embassy for the denial of my VISA?

Postby nann » Sat Mar 10, 2012 7:31 am

You will have to deal with the tax office in a different way. You may consider getting asking for special handling of your case due to illness and the fact you are out of country. You may just need to hire another party (an accountant) to do the required things for the tax office. LAWSUIT you can try but it will be a waste of time and money. You still need to get the tax things done.
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I want to sue US Embassy for the denial of my VISA?

Postby tahmelapachme33 » Sat Mar 10, 2012 7:33 am

You can sure. You won't get anywhere.

You have until April 17th this yr to file your taxes. More than a month away. You have time for an accountant to mail you the forms and for you to mail them back, if you so wish.

You can also ask the IRS for an extension.

You are not a US citizen, therefore have NO automatic right to enter the country, even if your business is based there. You can ask for a visa. They can also deny you a visa, as you have already found out.
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I want to sue US Embassy for the denial of my VISA?

Postby lazaro94 » Sat Mar 10, 2012 7:41 am

You are, as Americans say, barking up the wrong tree. You cannot sue for visa denial. And there is NO just cause for giving you a US visa just to file an income tax return. You can communicate with your corporate attorney via phone, email, fax, etc. Your corporate accounting firm has to do the actual return, and can likewise communicate with corporate attorney. Everything is done online, and you have NO reason to travel to US. Get going with corporate attorney & accounting firm and have them get it done.

Need physical signature on the return? Ever hear of FedEx, UPS and DHL?
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I want to sue US Embassy for the denial of my VISA?

Postby osryd » Sat Mar 10, 2012 7:46 am

You are, as Americans say, barking up the wrong tree. You cannot sue for visa denial. And there is NO just cause for giving you a US visa just to file an income tax return. You can communicate with your corporate attorney via phone, email, fax, etc. Your corporate accounting firm has to do the actual return, and can likewise communicate with corporate attorney. Everything is done online, and you have NO reason to travel to US. Get going with corporate attorney & accounting firm and have them get it done.

Need physical signature on the return? Ever hear of FedEx, UPS and DHL?
You have NO base to sue. Your US partner can hire any US based accountant to file taxes for him. Why not US partner have same LLC tax accountant do the same work for him in the US? Why is it so important that you have to be here? I don't get it. Does not make any sense. It is totally useless for you to be there. Thats my point. Again, there are zillions tax experts who can do it for him in the US if needed.
My advise, please do not waste your time, money, energy on this.
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