Visitor Visa Rejected in the Consulate - strange situation

S

Sugath72

New Member
Friends,
my mom's visa was rejected in the Hyderabad consulate on the reason that she "overstayed" during her last stay here in USA. Apparently, she overstayed by 5 weeks as she lost her passport (along with her handbag and with lots of valuables) in JFK on the day she was leaving to USA last year (Jan 2009) and it so happened that, it took me about 5 weeks to get her a new Indian Passport and book her India flights...

And this was her 3rd time in USA and she never overstayed here prior to this. It seems the Officer was asking for a proof that we applied for an extension for her for this overstay.

Apparently, the fact is, we cannot even apply for the extension as that application itself requires copies of her passport, which we do not have at that time. :confused:

It seems, the officer was not ready to listen to her and did not take a look at the documents and just said "Rejected".

Can you please help me understand how to go about this issue? I am worried that her visa might get rejected again, if I do not go about in the right away. Please help.

Thanks.
 
She faces a bar even if somebody apply a immigrant visa for her, you should have had applied for a extension anyway when she lost everything at the airport without any documents, they might have just send you a RFE in that case and would have given you time to send the documents, but that's done now.
I don't think she will ever get a US visitor visa in my opinion even if she applies after the bar ends, but she might be able to get a immigrant visa after the bar period is completed.
 
The consul is just taking the "safer" route. He does not want to be the one who issues a visa to a potential "overstayer". The consul really does not care what the circumstances was. As far as he knows, the applicant overstayed by 5 weeks. For him, "once a cheater, always a cheater".

Now having said that, I am not indicating she will never get a visit visa again. Give it a year and re-apply and see what happens.

Sugath72 said:
It seems, the officer was not ready to listen to her and did not take a look at the documents and just said "Rejected".

Can you please help me understand how to go about this issue? I am worried that her visa might get rejected again, if I do not go about in the right away. Please help.
Click to expand...
 
Friends, thanks for your inputs. Well, we did not have any intention to "overstay" here in USA for even a day and it just happened whatever has happened. And I did not even think of applying for the extension as 1. As I previously said, there were absolutely no plans to extend her stay here in USA and 2. I was always under the impression that the "Police report" we have for the lost passport is good enough proof/reason for the over stay and I thought it will be accepted as a valid reason with no issues.

It did never occurred to me that we should be applying for an extension. It's nearing 2 years now since this issue happened and now she wants to visit us again so that she can spend some good time with her grand daughters. Its really sad that I am not able to bring her over here and it is for this not-really-a-genuine-reason :(
 
Give it a year and she can try again. I know it is easier said than done, but it is a bitter pill that needs to be swallowed for the time being.

Sugath72 said:
Its really sad that I am not able to bring her over here and it is for this not-really-a-genuine-reason :(
Click to expand...
 
You must log in or register to reply here.
Top