A complex immigration problem Friends. PLEASE HELP.

R

Raju in Philly

Registered Users (C)
Hi Friends,:confused:
First of all let me start by saying thank you such for reading my posting. I really need answers for my complex situation and I really hope you guys can help. I really appreciate it. I really apologize for this long post.

Here is my background: I came to the US on F1 (Student visa) Graduated :)and married my wife a USC and I am currently a USC as of 2009:). Married in 2003 :)and I got my Green card in 2005. I am the only son and my parents and elder married sister live in Bombay, India.

My parent’s details: My dad is 69 years old and my mom is 61 years old. They have been to almost 20 countries in Europe and South East Asia on tourist visas. They wanted to come to my wedding in 2003 on a tourist visa but were rejected.:mad: Reason--“Your son does not have a green card so you can’t go”. Then in 2006 they applied again and were rejected again (this time I had a green card) Reason for rejection: :mad:“Let your son be a USC and then he can apply for a GC for you and then you guys can go there but for now sorry you cant go”. Both the times they applied in Mumbai US consulate. My Dad owns a successful business and my mom is a housewife and they own a house. The visa rejections really don’t make any sense. My honest guess is the consulate believes that my parents will go on a visitor visa to US and never come back which is NOT the case. They just want to stay with me for 1or2 months and then go back to Bombay. They giving all these reasons really make no sense in spite of my dad having a good business and having been to almost all over the world.

My questions:
1) Since my parents were rejected twice for a tourist visa would it hurt their chance of ever coming to the US on a Green card?
2) Very soon I am applying for my parent’s green card and I was wondering should I just apply for my mom alone and not my dad or should I apply for both? I at least want one of my parents to see our life here in the US if not both.
3) I have heard that if a elder couple comes to the US on a green card they have to sell off all their assets in their home country (since you know having property in home country raises a red flag in the eye of the consulate thinking that the couple are just using the green card just for a trip and that they really don’t have any desire of settling in the US and that they will be back in Bombay after the trip is this true?
4) My mom can’t speak English (but my dad can) and would need a translator and so I was wondering what kind of questions can she expect in a green card interview in Bombay India?
5) Looking at my case is there a chance that my parents will be denied green card at the consulate or is it pretty much guaranteed? If not then what are the major reason a GC application is rejected?
6) What is the total cost associated per applicant from my side here in the US and what are the costs for my parents in Bombay India during this whole process?
7) I will be applying for my parents or parent (whatever you guys recommend) next month. What happens if I loose my job before I apply next month? Can my wife sponsor or I have to have a job in order to sponsor my parents? IF I loose my job can my wife at least start the process you know like filing the I-130 and affidavit of support? Or me not having a job they will deny a GC to my parents in the Bombay interview.

I am really looking forward to your answers guys. I really appreciate your suggestions/opinions and comments guys. Thank you so much.

Raju :confused:
 
Rejection of tourist visa does not mean their immigrant visa (green card) will be rejected. IF they qualify and have all documentation an immigrant visa cannot be denied.

You will have to first become a US citizen, then you can apply for parents' green card. You can apply for one or both parents; it is your choice.

No need to sell off property in India before comning ot US - what you heard is bogus.

If needed a translator will be provided at the consulate.

Cost will be around $2000 per person plus cost of medicals in India.

You or wife can sponsor and should be making a certain amount in order to financially support your parents. Having a job definitely helps. Either of you will have to sign a legally binding document called affidavit of support which requires you to provide support to your permanent resident parents for a perod of 5 years.
 
Raju,
Consuls have no choice infront of 212(b). I know at times it makes no sense to the applicant and their families, but the consuls have to assume everyone is a potential immigrant unless proven otherwise.

Raju in Philly said:
The visa rejections really don’t make any sense. My honest guess is the consulate believes that my parents will go on a visitor visa to US and never come back which is NOT the case.
Click to expand...

A1: Not at all. Prior NIV rejections do not influence GC decisions on their own.
A2: If both want to live in the US, apply for both.
A3: Not true.
A4: Parent-child based GC questions are straight forward.
A5: Denials of such GCs can only be on security and medical grounds.
A6: Search the forums for costs and form lists.
A7: You can use a financial co-sponsor.

Raju in Philly said:
My questions:
1) Since my parents were rejected twice for a tourist visa would it hurt their chance of ever coming to the US on a Green card?
2) Very soon I am applying for my parent’s green card and I was wondering should I just apply for my mom alone and not my dad or should I apply for both? I at least want one of my parents to see our life here in the US if not both.
3) I have heard that if a elder couple comes to the US on a green card they have to sell off all their assets in their home country (since you know having property in home country raises a red flag in the eye of the consulate thinking that the couple are just using the green card just for a trip and that they really don’t have any desire of settling in the US and that they will be back in Bombay after the trip is this true?
4) My mom can’t speak English (but my dad can) and would need a translator and so I was wondering what kind of questions can she expect in a green card interview in Bombay India?
5) Looking at my case is there a chance that my parents will be denied green card at the consulate or is it pretty much guaranteed? If not then what are the major reason a GC application is rejected?
6) What is the total cost associated per applicant from my side here in the US and what are the costs for my parents in Bombay India during this whole process?
7) I will be applying for my parents or parent (whatever you guys recommend) next month. What happens if I loose my job before I apply next month? Can my wife sponsor or I have to have a job in order to sponsor my parents? IF I loose my job can my wife at least start the process you know like filing the I-130 and affidavit of support? Or me not having a job they will deny a GC to my parents in the Bombay interview.

I am really looking forward to your answers guys. I really appreciate your suggestions/opinions and comments guys. Thank you so much.

Raju :confused:
Click to expand...
 
Questions guys

Hello nkm-oct23,
Thank you so much for your quick response I really appreciate it. Now my response to your answers to my questions A1) Well I am very much relieved to know that previous tourist visa rejections do not count negative on a GC application. I am sure my parents will be thrilled to know that. GREAT NEWS A2) I am a USC so I am all ready to file for my parents the problem is I am not sure if I want to apply for both my parents since my dad is not that interested in coming to the US and living here 7-8 months straight and on the other hand my mom is desperate and can’t wait to come here so I was wondering if I just apply for my mom would it raise any problems. I just don’t want this time the consulate saying --- “Why is your husband not going with you need to apply as a couple sorry you are denied”. Also my mom wants to see if they can adjust to the life here like weather, food, culture etc.. etc for a long period of time since I am sure in order to keep the residency she will have to at least stay here for 7-8 months straight am I right? A3) Great news again no need to sell anything that is good I am sure my dad is happy about that. A4) Great to know the consulate has translators but what I was wondering was what kind of questions can be expected by my mom from the consulate so we can coach her good and she can answer questions with confidence. At her age she really gets nervous. A5) Cost is $2000?? Per person?? I thought it is like $800 per person (you know I-130 for $355 and $400 for affidavit + medical cost in India may be I am wrong) A6) Once again great news that we both can sponsor or even my wife can sponsor on her own that is cool. Who says daughter in laws hate their mother in laws? Awaiting your response. And once again thank you so much for your help.

Raju

Hello Triple Citizen,
Thank you so much for your quick response I really appreciate it. As far as the tourist visa rejections are concerned I do understand that everyone is considered to be a potential immigrant but they should at least have the courtesy of giving the applicant enough time and consideration to at least understand individual cases and then decide the visa factor. My parents told me that both the times the visa officer did not even look at any of their documents nor did he/she wanted to listen to my parents it is almost like “thank you for applying thanks for the $150 per applicant (or what ever they charge these days) but I have made up my mind and saying try back next time come again” I am sorry but it really does not make any sense. So basically they are forcing my parents to live in the US rather then give them a tourist visa which they could use just for visits. And this time since they will apply as a GC applicants they don’t have to prove that they will come back to India? Wow that really makes so much sense. We as Americans so desperately need to change these ridiculous laws. Hope you agree.
Thank you so much for all your help. I really appreciate it.

Raju
 
Raju in Philly said:
We as Americans so desperately need to change these ridiculous laws. Hope you agree.
Click to expand...

If you hang around this forum long enough you will see many cases of newly naturalized citizens getting their parents to visit on a B visa and then filing the I-485. Your parents are the collateral damage from this, unfortunately.
 
Thanks Guys

Hello TheRealCanadian,
Thank you for your response. I think you are absolutely right. It is the straight forward people who always pay the price.

Hello Triple Citizen,
Once again thank you for your response. Like I said before it is a ridiculous system. 45-60 second to decide on a application? Amazing joke. Can you imagine the uproar if they did the same stuff to us here as Americans? Can you imagine going to a driver license place or any other official documentation departments here taking appointments like 3 months in advance and then standing in line for hours and then finally getting to the window and the guy says “thanks for coming and paying $300 but sorry NO DRIVERS LICENCE or Documentation for you today go home” I was wondering what our reaction would be?. But then again this stuff goes on in foreign land to foreigners so anything goes. Great way to make excellent money though.

Raju
 
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