Dad's B2 Approved. Mom's denied.

Discussion in 'General B Visa and Related Issues' started by sriram1975, Dec 13, 2017.

  1. sriram1975

    sriram1975 Registered Users (C)

    So my parents applied for their second 10 year visa online. While applying through dropbox, my father's was called for interview with a request for CV. He is 73 years old. The fact that he worked in Saudi and OMan might have triggered that. Anyway he got his 10 year visa.

    My mom went for her interview as her dropbox also resulted in an interview at Chennai Consulate.
    Background: in 2015, they were supposed to depart on Dec 3rd to Chennai but their flights were cancelled by BA due to Chennai Floods resulting in closure of Chennai Airport for 4 days and re-booked a week later (which was 1 day past their visa expiration).

    During their subsequent US trip in 2016 August, at port-of-entry, their visa was cancelled due to their overstay but allowed to enter US for 6 months. It was their 9 year since they got their visa anyway and had to re-apply. Their last trip was their 8th trip in 10 years and the only one where they overstayed by 1 day.

    Mom's Interview
    Per my mother the consular officer (lady) asked her what she does in US and my mom said she spends time with grandkids, son etc. The officer remarked that you stay the full 6 months each time. Officer asked how many children and my mom remarked just my son. Then was asked if she had any property for which she told yes and proceeded to show the papers but was told no need.

    Then the officer also asked why she broke the rules and overstayed. My mom said because of Chennai floods. Then the officer remarked that you entered the US even after your visa was cancelled for which she explained it (but forgot to show the paperwork that DHS gave at PoE). The officer in the end told my mother that she broke the rule and overstayed. She has a 214(b) rejection.

    My Plan
    1) Write a letter that there has been some confusion on the circumstances that led to the overstay by 1 day and seek visa again
    2) Me writing a letter that my mother would love to join my dad to spend time with grandchildren and also that my parents don't want to settle here in the US due to my mothers 5 siblings and her mother whom she wants to visit and be in touch with etc.
    3) Provide the letter that DHS provided to each of my parents when they entered last time when their visas were cancelled
    4) Apply for new visa application again

    Any advise would be greatly appreciated. Am I missing anything? Anyone in similar boat that has any pointers?
     
  2. 1AurCitizen

    1AurCitizen Registered Users (C)

    She can apply again, but the odds of another CO overturning a colleague is zero. She can spend the $160 if she wants to, but I'd wait perhaps a year if I were her.

    The CO viewed your mother to be abusing/misusing her B2 by practically living in the US. B2 visas are for short, temporary visits. The 1-day overstay didn't help.
     
  3. sriram1975

    sriram1975 Registered Users (C)

    Thanks for the reply. I don't understand how it is a misuse if you stay within the limits of the visa duration. Almost everyone I know have parents coming and going. The one thing that might be a reason that I'm the only child. But how my dad got the visa just a week prior to her (although with a different officer) is baffling to me as they have been going and coming together and the overstay also happened exactly due to the same reason and was exactly by a day.
     
  4. 1AurCitizen

    1AurCitizen Registered Users (C)

    A visa is a privilege, not a right. Obviously the CO viewed her to have violated the terms of her previous visa and denied accordingly. An 180-day i94 does not necessarily equate to each duration of stay being 180 days. Would appear to CBP as lack of ties to home country.
     
  5. sriram1975

    sriram1975 Registered Users (C)

    Or the fact that they didn't want to settle here in the previous 8 trips should be a reason to prove that they have ties to get them back each time! It all depends which way you want to justify I guess. And no one says that a visa is a right. So the privilege thing is kinda moot to be said here
     
  6. 1AurCitizen

    1AurCitizen Registered Users (C)

    Well at the end of the day, it's the COs judgement that counts, and they've rendered theirs.
     
  7. 1AurCitizen

    1AurCitizen Registered Users (C)

    Apparently you've looked into "them settling here" in the past.
     
  8. sriram1975

    sriram1975 Registered Users (C)

    Wtf u talking about? Reading comprehension is not your strong suit I guess. I was saying the fact that they didn't look to immigrate any of the 8 previous trips should give some inkling on if they would settle abd abandon their home base! It didn't mean that they tried or that I tried for them to settle here. U don't have to act like a wise ass here. Answer if u can add anything pertinent. If ur going to state the obvious u add no value in wasting the internet bandwidth!
     
  9. sriram1975

    sriram1975 Registered Users (C)

    Well duh.. Thanks for stating the obvious! Appreciate ur wisdom!
     
  10. SusieQQQ

    SusieQQQ Well-Known Member

    I tend to agree with this. COs don’t look kindly on regular 6-month stays especially if it is to be looking after grandchildren, this is often discussed on forums and legal immigration pages. As for not being a problem - well, clearly it has become a problem.

    Now, i wonder if you are going to be as rude and abusive to me as you were to 1aurcitizen because it’s not what you want to hear? By all means go ahead and submit another application, but there’s no point asking for advice on forums if you just want to ignore it and insult the people who give you considered answers.
     
  11. 1AurCitizen

    1AurCitizen Registered Users (C)

    I'd mind my language if I were you.
    One of your previous threads had language with respect to looking at a green card option for your parents; remember this?

    Calm down and try not to be abusive to fellow members.
     
  12. sriram1975

    sriram1975 Registered Users (C)

    Just because I'm asking for advice doesn't me
    Just because I'm asking for advice, doesn't mean you can make assumptions and talk. Ask questions. The tone of the answer is what bothered me. I know what the CO's view is. Your answer assuming that my mother was trying to immigrate is what I think is what is crazy. The reason I was exploring about Green Card was I wasn't sure if the overstay would affect them in getting a visa again. They don't want to settle here. Their view is to come and visit as they are able and then it is upto us to go visit. Don't dig some old post and try to justify your attitude later. You might know more or want to be helpful, but you might want to learn on how to be helpful without sounding brash. I tried to overlook it in your first response but it continued.
     
  13. sriram1975

    sriram1975 Registered Users (C)

    My parents don't come here to take care of grandchildren. Don't assume things based on what you see elsewhere. My wife is stay at home and my parents come here only to spend time with grandkids. It is not the babysitting service they come here for. Please don't generalize or assume.

    I've been an active member of these forums in the past and was helpful to people when they asked for help in thread or in Private Message but not in the tone or manner in which 1aurcitizen responded. Again, being helpful is one thing. Being an ass/smartass in the response is unwarranted.

    Again, no one comes here blind without knowing what needs to be done. I'm not expecting to hear what I want to hear. I wouldn't waste time posting in the first place if that were the case. You might want to pause to think about it before you say things like that.
     
    Last edited: Dec 14, 2017
  14. sriram1975

    sriram1975 Registered Users (C)

    The CO kept repeating the overstay and then breaking rules by entering after VISA was cancelled on their next trip. That is where I think she based her decision from my perspective. My mom said she told in the end that because she broke the rules and stayed is why she is being denied. Now if they deny her again, I'm forced to consider sponsoring their GC which would be against what they want. But at the same time my youngest child who is 1 yr old would miss out. My older kids 10 and 6 are missing grandparents too.
     
  15. SusieQQQ

    SusieQQQ Well-Known Member

    Yup, it’s a sad fact of life that emigrating means taking kids away from their grandparents. You’re lucky that you can even contemplate your parents visiting. My mother is unable to travel and my children have to make do with infrequent visits to our home country to see her, and even that I know is lucky compared to some other people. Emigration involves compromises on family and this is one of them. It’s not something however to blame on US immigration policies, after all you were the one who chose to move to the US in the first place.
     
  16. sriram1975

    sriram1975 Registered Users (C)

    I agree Susie. Its all relative to where we are at in life. My "problem" is trivial to yours and so on. My wife's parents are heart patients and they are unable to travel. I'm not complaining about US immigration as the country was/is built on the premise of immigration which I have stood to benefit. I was just thinking out aloud in opening this thread as to why the Consular Officer would focus on the overstay for my mother when another Consular Officer was very understanding of the whole situation that led to the overstay by a day. I even have the email that British Airways sent where they rescheduled the flights to one week later. I appreciate your response.

    I'll update this thread as to what happens in her second interview. I plan to do it in Jan sometime.
     
  17. 1AurCitizen

    1AurCitizen Registered Users (C)

    I don't like members here using such language. So watch your language please. (How this passed the filter is beyond me).
    If you determine others to be brash, feel free to ignore their advice. If you post on these fora, be prepared to accept ALL sorts of advice, even stuff you don't agree with. Your past postings are fair game for anyone offering advice. Ok?
     
    SusieQQQ likes this.
  18. sriram1975

    sriram1975 Registered Users (C)

    I'd suggest you don't show your bitterness or contempt or any prejudice in answering queries. My past posting might have had a context at that point of time that you might not know. You are not in CSI or Law and Order series to try and put two and two together and form some kind of intent.. LMAO! . Answer if you can to the pertinent point. What I asked last year is of no relevance (not to mention your inability in understanding it anyway!) here to this thread and query. I still don't know what you are trying to achieve here with your arguments.
     
  19. 1AurCitizen

    1AurCitizen Registered Users (C)

    I'd appreciate if you lay off foul language.
    You made a post, were offered appropriate immigration/visa -related advice by informed members.

    Thereafter you descended into inappropriate territory by questioning others reading comprehension skills AND foul language (mods have been notified). This forum is no place for that.

    As adults here.. keep us posted on the interview.
     
  20. Britsimon

    Britsimon Super Moderator

    A respected member here has asked you to mind your language. Now I am adding to that "request". There is no need to use the words or tone you have. Please be respectful from this point. There is no need to reply to me in any way. Just observe this request.
     

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