Visitor VISA to mother is refused at Chennai

R

Rose101

Registered Users (C)
I am trying to get my mother to USA for a short visit. In the interview, they asked the following questions and rejected the visa

1. When did your husband died ?
ans: --- 2 years back
2. Where your elder daughter stays?
and:--- I had only daugter who is in NJ. And my elder sone stays in DC
I am currently staying with my younger son
3. Please show me your sponsor papers.

Officer expressed doubts on returning and announced that VISA can not be issued.

My mother who is 75 years of age tried convince them showing that she has lands, house, sister etc.

But the office tended a document that says 'Failed to convice to return after the stay" (I still need to get complete details from my brother)

Can anybody help me understand if there is any other alternative or appeal for retry ?

Thanks in advance
 
It happenned to my parents as well.
They got the Visa 2nd time.

So the only point here is Consulate wants more money by rejecting first time and issueing 2nd time.

It'd happenned in no.of cases.

The visa issuance can't be judged by how our parents answer the questions.

Please retry.They'll get it for sure.
 
OLD and Needed and should be spared

I can give more money if there is a kind of express / special fee service. otherwise it is simply harassment. If we do not have specific documents, then they should say it specifically. She just wanted to see her children in USA once in her life but not to settle down here. I do not know how can we prove that. It is not appropriate for them to ask for more trips to consulate for old in the name of interview each time we apply for VISA. It is just disgrace to elders and to our relationships. They should have alternative way to control serious immigrants but by not denying union of immediate blood relatives within families such as mother or father.

If the discretion of Interview officer to iterpret law this way is to avoid serious illegal immigrants and terrorists, then I will be happier than anybody. But this is simply oppsite kind of the thing.

"Leave where you can not reach...Induce suffering where it is easy"

tipsyclub said:
It happenned to my parents as well.
They got the Visa 2nd time.

So the only point here is Consulate wants more money by rejecting first time and issueing 2nd time.

It'd happenned in no.of cases.

The visa issuance can't be judged by how our parents answer the questions.

Please retry.They'll get it for sure.
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What he means I think, is that you should show more funds on the sponsorship form.

Even if he didnt mean that, I think it isnt a bad idea if it can be managed.

Please do try again, if it can be managed at all by your mother. It seems really silly not to issue a visa in such a case. Im sure if she gets a better officer it will be issued.
 
sailing in the same boat- can anyone help????

Even I am sailing in the same boat. I applied for visitor visa for my mother today. The consulate officer posed the same queries to my mother regarding the no of children and their place of living. Fortunately or unfortunately both me and my sister are in US. So also my mother is a widow. Officer suspected my mother's return to India as both of us are here and rejected outrightly without even glancing thru the papers.

Is being a widow a good reason for rejecting?
Being genuine by diclosing that both of us are here has jeopardized our situation.

Kindly let me know how to go about next time. I submitted all the required documents including property papers, bank statements.

Is it advisable to reapply immediately or to wait for some more time?
 
Funds ?

Thanks for the advise. I have no option except to try again. I have shown around 20K of funds on sponsorship form and attached bank statements. Are not they enough?

kevlar said:
What he means I think, is that you should show more funds on the sponsorship form.

Even if he didnt mean that, I think it isnt a bad idea if it can be managed.

Please do try again, if it can be managed at all by your mother. It seems really silly not to issue a visa in such a case. Im sure if she gets a better officer it will be issued.
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If you want to know why these visas get refused, look around in the B and E visa forum on how people try to abuse the visitor visa system. It is your countrymen who bring in their parents as babysitter for 9 months at a time whom you have to thank for this. The consulate reacts to a trend, unfortunately your mom is caught in the net of suspicion that this has created.
 
I doubt on who is abusing whom

Thanks for fine comments.

Is there no a rule of control for this uncertainity? My question is why a 75 year old woman who travelled to consulate and pad hefty fee to be rejected on mere "suspicion" and without a good reason. I believe there should be transparency on the part of the consulate. If there is clarity on grounds of eligibility to apply, there will not be these many applications in vain. There should be stricter laws to punish people who abuse law but law should not punish innocents on suspicions.

hadron said:
If you want to know why these visas get refused, look around in the B and E visa forum on how people try to abuse the visitor visa system. It is your countrymen who bring in their parents as babysitter for 9 months at a time whom you have to thank for this. The consulate reacts to a trend, unfortunately your mom is caught in the net of suspicion that this has created.
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> There should be stricter laws to punish people who abuse law but law
> should not punish innocents on suspicions.

I couldn't say it better myself. I am sorry for your situation, but you have to understand the history of B2 visa abuse to understand where the consular officers are coming from.

(I am not from india. My parents travel back and forth every year without their intent for a temporary visit ever being questioned.)
 
The babysitter comment is completely unfair and shows the cultural differences.

For most people in India birth of a child is a family affair and a whole bunch of knowledge about baby's care and handling is passed down. We dont consider our parents babysitters. Grandparents are part of the child's family. Here you need to hire doula's, lactation consultants. search the web etc. I hope you get a chance to experience what family is then you would stop complaining.

You would not hire a babysitter if you were going to be around would you?? We dont leave our babies with our parents, we share them with them.



Though it may seem like it, our parents dont visit us just when we are having babies, but at other times as well. We dont have father's day and mother's day to celeberate, because we dont need special days to remember our parents. Our association with our parents does not end the day we turn adults they take care of us and we of them. In india you wont find old age homes etc. parents rarely save for retirement, they invest in their kids and kids return the favor.

My parents have visited me several times and for short durations each time, and without a baby in picture,just to spend time with us and to see this beautiful country and share our life for a few days. They are the ones that sacrificed to help us get where we are today. You cannot deny that they desreve to experience the life they gave us.


Ironically, the very thing that makes the parents want to visit their kids at the time of birth of their grandkids, ensures their return to India.

They would not dream of leaving the family ties( yes it extends beyond spouse and kids) friends and the place of their birth, the house where they spent their lives, etc that ensures that they will come back.

Isnt that the whole intent check is whether they will immigrate to states.
 
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Sheesh, I didn't intend to insult your momma.

I am all for having your parents around to take care of your kids while they are young. I did not intend to pass any judgement on the practice of doing so. Unfortunately, immigration law in this country doesn't have a visa category for 'long-time visitors who will perform child-care duties otherwise performed by a citizen employee' (actually there is a category for this, but it is limited to au-pairs 18-26 years of age).

> My parents have visited me several times and for short durations each
> time, and without a baby in picture,just to spend time with us and to
> see this beautiful country and share our life for a few days.

And that is the point. They came for short durations, clearly as visitors/tourists. If the great majority of elderly parents from india would do exactly that, the consulate wouldn't give anyone else such a hard time.
 
let me again say this, they are not here to take care of the kids while they are young (as the au-pairs and baby stters do). They come to share their grandkids, spend time with family. The only reason they spend a few moths instead of just days, is that it takes a lot of money and time to get here. They stay here for a few months usually 3-4 months and go back.

In this they are not taking away employment from anyone
 
You take some of my posts a bit too literal. I tried to demonstrate the thinking from DOS/USCIS that gets you guys into hot water. (of course your parents are not taking the job away from a citizen, they take it away from a honduran or jamaican nanny, typically employed on a cash-in-hand basis)

If it was up to me, you can have your folks visiting as long and as often as you care. The OP was bewildered why his/her moms visa was refused, and I tried to explain the history of this phenomenon (it is the same reason why single women from russia these days have a snowballs chance in hell to get a visitors visa in order to 'visit friends'. A good share of them ended up married in the US within days after their arrival, the authorities have put an end to this with unfortunate consequences for single russian females with a legitimate business reason to come to the US).
 
2nd time visa rejected for my mother

They rejected visa to my mother again. Again 214(b). My mother was told that VISA can not be issued due to medical reasons. My mother at 75 years of age is more than healthy. She travelled from long and waited more than 2 hours to see this refusal. Instead of outright rejection, they should have asked for more documents on health.

I made huge mistake in choosing US as my career stop 6 years back and was detached from my mother and father. Now I could not bring her once to be with for a short period of time. All the effort to document, apply and attend visa interview is ended by the stupid process and real stupid people at chennai consulate.
 
Rose101,
First of all, my sympathies go out to you. You mother is not the first, and will certainly not be the last, to fall victim to 214(b). However, emotions aside, if you think about it, consuls have no choice infront of the Immigration and Nationality statute that declares every visa applicant to be a potential immigrant. In your 2005 post, you mentioned your mother tried to convince the consul that she has a house, land, sister in India. Now for a minute, stand on the other side of the booth.

Land = Can be sold from the US
House = Can be sold or rented from the US
Sister = Does not carry as much "weight" as a son and a daughter in the US

I am not trying to defend the actions of the interviewing consul. Just trying to portray how they are taught to analyse applicants and interpret the law.
I wish your mother good luck if she tries a third time.
 
I am not worried about rejection or money lost. Those at conuslar office should be able to decide and reject the application without even an interview. Those stupid questions can be asked online at the time of applying. Why should they inflict suffering to my old mother to make a futile trip and wait at the dirty corridors of cosulate office ? I do not see any reason for it. I believe people with any common sence will not see any reason.

If they have clear rules, we would not have applied. Consuls may not have any choice but they should recommend to make better rules.

Triple Citizen said:
Rose101,
First of all, my sympathies go out to you. You mother is not the first, and will certainly not be the last, to fall victim to 214(b). However, emotions aside, if you think about it, consuls have no choice infront of the Immigration and Nationality statute that declares every visa applicant to be a potential immigrant. In your 2005 post, you mentioned your mother tried to convince the consul that she has a house, land, sister in India. Now for a minute, stand on the other side of the booth.

Land = Can be sold from the US
House = Can be sold or rented from the US
Sister = Does not carry as much "weight" as a son and a daughter in the US

I am not trying to defend the actions of the interviewing consul. Just trying to portray how they are taught to analyse applicants and interpret the law.
I wish your mother good luck if she tries a third time.
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Actually the rule 214(b) is pretty clear. "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to nonimmigrant status."
Regarding consuls recommending better rules, they simply have no say. The last US ambassador to Pakistan, H.E. Ryan Crocker, is a friend of the family. He told me in clear words, even he, as the head of the mission in Islamabad, cannot grant a visa to anyone who fails to satisfy 214(b).


Rose101 said:
If they have clear rules, we would not have applied. Consuls may not have any choice but they should recommend to make better rules.
Click to expand...
 
Again I am not worried about the rejection. All my concern is the stupid interview.

The ambiguity lies in 214(b). But they told on medical reasons, they could not issue visa. They can decide and set rules at the time of applying for a VISA.

Questions are:

-- why some people get rejected few times.

-- And why some people with same set of application are successful after 1 or 2 attempts without changing any circumstances. If they can not give on reasons of 214(b), they should not give visas to any parents with similar conditions.

-- Why creating hope and play with it.

Does this mean that the interpretation is correct and same for each and every time ? If eligibility should be by simple questions, they can ask them at the time of applying. Or if by documents, they should be able to get and decide without an interview. Why calling evrybody for an interview ? How can my mother convince them. She talks less and just answers to questions. All her intention is to be with her son's family for a couple of months. How can it be proved with an interview ?

Forget about them. Can you personally endorse that all the process is going well ?

Triple Citizen said:
Actually the rule 214(b) is pretty clear. "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to nonimmigrant status."
Regarding consuls recommending better rules, they simply have no say. The last US ambassador to Pakistan, H.E. Ryan Crocker, is a friend of the family. He told me in clear words, even he, as the head of the mission in Islamabad, cannot grant a visa to anyone who fails to satisfy 214(b).
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I know someone who has been rejected 8 times. He studied (and graduated) in the US and then moved to Kuwait to work. For the last 8 years he has tried for a visit visa for himself, wife and kid so that he may take his son to Disneyland. He has fell victim to 214(b) for 8 years.

Some applicants do succeed after 1-2 attempts without change of circumstances. That usually happens when a different consul interviews them. Or the same consul is having a better day. :) Remember, consuls spend 45-60 seconds on average on a DS-156 to make up their mind.

They are not creating hope, we as applicants are raising our own.

Rose101 said:
-- why some people get rejected few times.

-- And why some people with same set of application are successful after 1 or 2 attempts without changing any circumstances. If they can not give on reasons of 214(b), they should not give visas to any parents with similar conditions.

-- Why creating hope and play with it.
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I do not agree with the statute that considers every visa applicant to be an immigrant. However, since it does exist, all we can do is try our best to overcome it. Keep your hopes up. You never know when lady luck might shine on you and your mother. I had to wait 20 months to be allowed to visit the city of my father's (and grandfather's) birth. I never lost hope and in the end I prevailed :)

Rose101 said:
Forget about those knucle heads who had bad rules to discomfort others. Can you personally endorse that all the process is going well ?
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