Parent Sponsorhip question - Please help !

D

dhirendra_sh

Registered Users (C)
Hi,

My mother lives alone in India.She recently retired from state govt job as school teacher.
Both my brother and I have been working in the US for 8 years now. I am a recent permanent resident. My brother has an EAD.

My mother's tourist visa was rejected FOUR times as follows.

Dec, 2000 Visitor visa rejected under Section 214 (b).
Jun, 2001 Visitor visa rejected under Section 214 (b).
Sept, 2003 Visitor visa rejected under Section 214 (b). (TWO times )


In 2004, i took my mother to Thailand to build some sort of travel history.

In 2005, i paid a good fees to an immigration attorney and have him contact US Consulate in Delhi through state department. I was told that consulate said, we cannot give her visa.Ask her sons to come back to India.


In 2007, my wife had a brain surgery and my own brain MRI came abnormal.I wrote to the FIRST LADY that my mother wants to visit us for ONE month as we are not well.

State department responded back by saying the following:
- The refusal of a visitor visa under INA 214 (b) does not mean that Ms.XXXX is permanently ineligible for a visa.She may reapply for a visa at any time, however, we recommend that individuals who wish to reapply do so only if they can present new or more compelling evidencr to overcome the prvious rgrounds of refusal.We ssure you that any future visa application submitted by Ms.XXX will be given every possible consideration consistent with U.S Immigration Law.



We are hesitating to try the visa again because of fear of fifth rejection.

I know Permanent Resident cannot sponsor parents green card.

I have below questions :
1). Based on my situation, what are the options ?

2). Can a US Citizen sponsor anyone for some type of visa so that my mother can visit US ?I heard that US citizen can invite someone for famliy help under some type of visa category. I can ask a close friend or relative who is a citizen to sponsor my mother in that visa category .


3). Can a US Citizen sponsor unrelated (no direct relation) persons green card ? This way , I can ask a close friend or distant relative (no close relative in US) who is a citizen to sponsor my mother's green card.

Thanks,
 
Unfortunately, unless you provide compelling evidence that your mother will not immigrate to US, her visa will continue to get refused. Evidence like owning a home, having a job, other close family members (spouse, young children, etc) which demonstrate a need to return to India. If none of these apply in your mother's case, it is going to be next to impossible to get a visa specially after 4 rejections. Having a US citizen sponsor in US does not improve her chances in any way.

I have also heard that people with certain last names (common in Gujarat) face denials much more frequently and this is because of previous history of people with those names traveling to US on a visitor visa and not returning.
 
Hi,

On all those four attempts, we had shown property, bank statements and govt job , but they said this is not enough. They asked my mother her salary at that time.As you know , a primary school teacher's salary is not very high so they rejected her visa.
 
Is your father alive? Apart from your brother and yourself, how many other kids does your mother have? Are they in India?
 
Sorry to hear about your father.
Now, put yourself in the shoes of the interviewing consul. The applicant standing in front of you (your mother) is a retired widow whose only two kids live in the US. Is she more likely to stay in the US or return back? Keep in mind that by US immigration law, every applicant is considered an immigrant unless he/she proves otherwise.
 
dhirendra_sh said:
Hi TripleCitizen,

My father passed away 14 years ago. My mother alone, We don't any other brother or sister.
Click to expand...

Sorry to hear this - I understand what you're going through because I was in the same situation several years ago. My sis got married so that she could be on the path to GC and citizenship, and then sponsor our mother.

So the only full-proof way out of this is for you to get your citizenship and sponsor her, in the meantime she should stop applying for visitors visas. With 4 rejections, it will make matters worse unless there is some compelling new evidence you can show that she is not a potential immigrant. You could try appealing through your senators - I doubt it will have any effect (it didn't for us).

Yes, it's a long haul, but concentrate on making her life better in India for now. You and your bro can take turns to visit her frequently (taking care not to jeoprodise your citizenship presence requirements of course!).
 
dhirendra_sh said:
I have below questions :
1). Based on my situation, what are the options ?
Click to expand...
Sadly, very few options. Your mother needs more substantial proof of ties to her home country. Without that, she will continue to be denied for non-immigrant visas.

dhirendra_sh said:
2). Can a US Citizen sponsor anyone for some type of visa so that my mother can visit US ?I heard that US citizen can invite someone for famliy help under some type of visa category. I can ask a close friend or relative who is a citizen to sponsor my mother in that visa category .
Click to expand...
A USC can only sponsor family members for immigrant visas. There is no possibility to sponsor for temporary / non-immigrant visas. LPR holder can only sponsor a spouse or minor child, and both of those take a very long time due to priority date.


dhirendra_sh said:
3). Can a US Citizen sponsor unrelated (no direct relation) persons green card ? This way , I can ask a close friend or distant relative (no close relative in US) who is a citizen to sponsor my mother's green card.
Click to expand...

No.
 
It is really sad that DOS has rejected her visa repeatedly. With no direct relatives she is unable to show strong bonds to her native country and is thus viewed as a potential immigrant. I know a few people who had similar situations and their parents got green card just so that they could come and go when they wanted. No doubt USCIS is not too happy with "permanent residents" not living in the US but visiting for long periods and going back.

That said, I think you should show strong bonds she has with her local community, simply travelling overseas does not prove her strong bonds locally. It is very tragic, but US embassies around the world, particularly in developing world can be pig headed and the only way around is immigration where they have 0 input, because the process is controlled by USCIS. Hopefully by the time you get your USC, the illegals will not have been legalized. I don't know how many people noticed but there was a poison pill in that bill. Parent sponsoring will be limited to 40k which would build huge backlogs. This is to prevent "chain migration" which some politicians fear would increase the number of hispanics.
 
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