Parent of GC holder denied US visitor visa

S

Singh6

Registered Users (C)
I am a former asylee.... holding Green card since Jan 2006 (backdated to Jan 2005). I recently sponsorred my mother on my child's birthday. I had intentionally not sponsored my father so that my mother could prove her strong ties to my COP during her US Visa interview. She also has a lot of other strong ties to that country and she was financially stable as well.

IO asked her very few questions, eg. proof that my father is alive and proofs of her wealth. IO checked the sponsorship material (I-134 + rest everything) and then she was asked that how her her son (the sponsor--Me) went to US (means on H1/F1/B1 etc visa or illegally) 9-10 years ago, she answered that she does not know ...... IO refused her visa instantly on the grounds that 'being a mother why she doesnt know that how her son moved to US 10 years ago.

My mother is so senstive ... she was just happy that I was about to go away from the political mess out there.....and if she had any knowledge that I was going to US illegally then she would never had allowed me to do so. She is 60 years old and I never told her that painfull story either.

Is there any thing which I could do now..... ? It usually takes 3 months to book another Visa interview appointment out there..... Should I fax this fact to the consulate General out there.... do you think that it will yield any good results..... Or should I leave it on destiny....It has already been so many years since I met my parents....
 
write a letter to the congressman...and the gonna approve your mother visa application.
Good luck
 
for faster result ..your mom can write a letter to the US consulate.
and she may be approve quickly.
Good luck.
 
Thanks for your reply, Jubilee...... the next appointment date can be after three months only..... unless she book an emergency appointment OR embassy officials call her personally.....

If she write a letter to embassy OR if I write a letter to congressman and if congressman writes a letter to consulate general.... I doubt that embassy officials will issue her visa at this stage.... because.... her passport + docs have already been returned to her during last interview...

Jubilee...'Still! your advices have given me enough ideas and courage to start this fight... I am going to follow both of your advices now.... lets see what happens....

Any other comments/advice .....Please !!
 
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IO are different. Some of them are easy going; others are difficult. I suggest that make another booking for your mother while you are exhausting other avenues. Time goes fast, and three months are not that much. In the next interview give your mother all the information she needs. And changes are that she may encounter another easy going officer and give her visa. Good luck...
 
Singh6 said:
Tl.... I doubt that embassy officials will issue her visa at this stage.... because.... her passport + docs have already been returned to her during last interview...
!!
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embassies keep complete file/track for any visa applicant....All she have to do is to send a inquiry letter to the embassy.
 
jubilee said:
embassies keep complete file/track for any visa applicant....All she have to do is to send a inquiry letter to the embassy.
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When a visa is denied a passport is stamped and all your papers are automatically rejected.The only one item to be retained by the consular officer is your application form.When a visa is issued,then copies of your papers are kept.
 
When the grandmother of my friend was denied a visa back in 2003, my friend and her siblings called the american embassy in their country and talked to the IO there and told him/her that the grandmother has no intention to stay in the US beyond the visit (She was suppose to come for one of the grandchildren's wedding.) They called many times and explained and "promised" that she will be back and finally the grandmother was given a visa. I don't know if it's possible for you to do that, but I thought I'd let you know since it worked for them.

Good luck!
 
You can reapply and a different consular officer could come a different conclusion.

Just bear in mind that nationals of certain countries have a very tough time getting visas and also the decisions cannot be appealed.
 
Thanks for your replies guys...

MGTgrl... I am from India, and I've heard that the US Embassy visa officers out there do not accept phone calls.... so it will be very hard to convince them. Cadel, Yes! they had returned all the documents.... even.. including her signed visa application form (seems they have retained soft copy of visa application - filled online only)

Faysal, I have started working on letters to the Congressman/US Embassy so that I could have enough material before her next appointment.... It was my daughter's B'Day (My mother never saw her) and they still refused the visa so I am not sure if I should wait for some other solid event instead of just fixing another Visa interview appointment.

Thankful, as you mentioned that these refusals can not be appealed then where a person should go to get justice ? ..... there might be some way out ....hmmmm ..... anythought ?
 
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Singh6

I was in the same situation as you are now.

Congressman's letter did not help in my case, although, I hope it will be different in your case.

According to embassy's reply, there is a new law that REQUIRES IOs to assume that each visa applicant is a potential immigrant. Before this regulation, it was up to each IO to assume whatever they wanted. The burden of proof is on the immigrant to prove that he or she will not stay in the US.
Since your mother could not reply how you immigrated, it sparked a suspicion with the IO that you came in illegally. If she could explain how you got in, the outcome would have been different. The embassy also said that people did not have to wait 3-6 months to reapply. They said my mother could reapply as soon as there is material change in her circumstances. Perhaps, this is true in your mother's case.
 
There is no NEW law. This presumption (section 214 of the INA) has been part of the law for at least 50 years. People in certain part of the world face a very hard time overcoming that presumption.

asylee123 said:
Singh6

I was in the same situation as you are now.

Congressman's letter did not help in my case, although, I hope it will be different in your case.

According to embassy's reply, there is a new law that REQUIRES IOs to assume that each visa applicant is a potential immigrant. Before this regulation, it was up to each IO to assume whatever they wanted. The burden of proof is on the immigrant to prove that he or she will not stay in the US.
Since your mother could not reply how you immigrated, it sparked a suspicion with the IO that you came in illegally. If she could explain how you got in, the outcome would have been different. The embassy also said that people did not have to wait 3-6 months to reapply. They said my mother could reapply as soon as there is material change in her circumstances. Perhaps, this is true in your mother's case.
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Singh6, i don't understand why your mother needed to lie about your status. The officer already would have your file with him and knows exactly your status. She could have said he went on vistior or whaterver your visa was.
The reason for denial i think is that she didn't reply to his answer. Which could even raise suspicion that she is not your mother. There has been cases of fake wifes or childern and officers would take everything very seriously.
I would suggest in next interview, ask her to answer every question honestly, including your current, and past status and let him make the call.
You can also fax a letter directly to Indian consulate. Include your financial support document also. You can get from indian consulte web site or search on the web.
Hope it helps.
 
As thankful correctly pointed out above. Every person applying for a visa is considered an intending immigrant(who will not come back) unless they supply evidence to the officer interviewing that it wont be the case.

Your mother simply not knowing how you went to the United States says that she also plans not to come back. As always do not lie and let the chips fall by.
 
Thankful,

That is what I thought too. You see under the same law you mentioned, my mother visited me in the US couple of years ago. In the letter to the embassy I asked them why under the same presumption law she was allowed to come to the US before and now was denied, especially since absolutely nothing changed in her profile or mine. Then they told me because of tightening security, they were instructed to view everyone with increased suspicion and incrfeased the burden of proof on the applicant that he/she will return. That is what I meant by new regulation. They make up rules as they go along.
 
asylee123 said:
Thankful,

That is what I thought too. You see under the same law you mentioned, my mother visited me in the US couple of years ago. In the letter to the embassy I asked them why under the same presumption law she was allowed to come to the US before and now was denied, especially since absolutely nothing changed in her profile or mine. Then they told me because of tightening security, they were instructed to view everyone with increased suspicion and incrfeased the burden of proof on the applicant that he/she will return. That is what I meant by new regulation. They make up rules as they go along.
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The reality is that each officer has vast discretion to decide if the presumption has been overcome. It is unfortunate but the mood of the officer on that day is a huge factor.
 
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