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genius2018

Parents Visitor Visa rejection with 214(b)

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But isn't the system flawed to begin with? Isn't it setup for pushing people to have to lie/find ways to overcome shortcomings? As experienced CO's or for that matter anyone with some general knowledge of India, would know that a lot (possibly a majority) of the children pay for their parent's visit. Also, most of the Indian parents travel to see their children and not stay back. Yet, there is that burden of proof (that a lot of Indian parents/families don't possess) that is required at the time of the interview.

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Contrary to established wisdom, have them get an Interview in English next time. Most Indians can speak some English. It is only an opinion. Try it. I would also add this is not rocket science. Your coaching could be the problem. In 2 minutes of eye contact they decide yes or No. A vast majority are approved. Only those who have a problem come here.

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5 hours ago, Ken7 said:

But isn't the system flawed to begin with? Isn't it setup for pushing people to have to lie/find ways to overcome shortcomings? As experienced CO's or for that matter anyone with some general knowledge of India, would know that a lot (possibly a majority) of the children pay for their parent's visit. Also, most of the Indian parents travel to see their children and not stay back. Yet, there is that burden of proof (that a lot of Indian parents/families don't possess) that is required at the time of the interview.

The system isn't just for Indians. It is the same for all foreigners.

All people applying for a visa are presumed immigrants unless and until they can show otherwise to the satisfaction of the officer processing the application. Immigration law, INA 101.

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12 hours ago, JoeF said:

The system isn't just for Indians. It is the same for all foreigners.

All people applying for a visa are presumed immigrants unless and until they can show otherwise to the satisfaction of the officer processing the application. Immigration law, INA 101.

Yes, which is why it's inherently flawed. While the law is same for all, as it needs to be, it's application needs to have some discretion. Who's to say someone with money in the bank will not stay back, and someone with little money is more likely to? Denying parents a visa to see family just based on financial metrics  is flawed imo.  

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2 hours ago, Ken7 said:

Yes, which is why it's inherently flawed. While the law is same for all, as it needs to be, it's application needs to have some discretion. Who's to say someone with money in the bank will not stay back, and someone with little money is more likely to? Denying parents a visa to see family just based on financial metrics  is flawed imo.  

You don't get special treatment just because you are from a particular country. That's a fundamental thing in laws.

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OK...perhaps a look at the entire B2 visa mechanisms might help (a little) understand the problems facing COs and applicants:

A- the law regarding immigrant intent does seem a bit harsh, in that applicants have to 'prove a negative' (that they won't overstay and/or work)

B - COs make these decisions subjectively based on a variety of factors that are rarely reviewed and/or analyzed for any sort of accuracy

C- documents mean nothing because documents cannot 'prove' nor guarantee that an applicant will abide by our laws/regs

D- Congress gave COs considerable authority to approve/deny B2 visas, so Congress does not appear as any sort of 'bad guy.'

E - Congress could legislate much tougher and enforceable laws that could dissuade overstaying/working illegally (see my previous post for those ideas)

F- we have zero border controls

G- MInd changing is tolerated - most other countries do not allow this. Neither should the US.

I - we should have much stronger border controls and applicable penalties for those who refuse to obey our laws.

J - A special B3 visa should be considered for parents....admit for 6 months total per calendar year, with huge penalties for not adhering to the laws....(no COS, no AOs, bar to readmission for 2-5 years, etc) without exception.

K - come down hard on those who bring fake docs....an immediate 10 year ineligibility...without waiver, which might slow down the veritable flood of low level fake docs...

L - we should strongly consider legislating personal responsibility....  stiffen penalties without waivers for those who decide to ignore or disobey our laws....this might make it easier for others to obtain visas....

M-our current system has too many leaks....no border controls, ease of AOS/COS, not much chance of getting penalized severely for fraud...(change this)

A lot of applicants look and sound the same during their interviews, and that, combined with much of the above missing, it's no wonder that the CO's decisions look random...

If our Congress would put some real teeth into some of our laws, it should only affect the cheats and liars, not the honest people...

that's my 2c worth...

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3 hours ago, JoeF said:

You don't get special treatment just because you are from a particular country. That's a fundamental thing in laws.

Say whattt?? There are countries on the ban list and there are countries on the visa waiver list..

they do B2 interviews in local languages.. understanding local culture is not tougher than learning local language..

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7 hours ago, Ken7 said:

Yes, which is why it's inherently flawed. While the law is same for all, as it needs to be, it's application needs to have some discretion. Who's to say someone with money in the bank will not stay back, and someone with little money is more likely to? Denying parents a visa to see family just based on financial metrics  is flawed imo.  

That discretion you speak of is referred to as a consular officer or a CBP officer. If merited, it's that discretion, for example, that allows a CO to approve a visa for a young, single, jobless applicant who might otherwise not have qualified for a B2. 

A visa is a privilege.. and there's nothing stopping an individual from traveling to India to see family. 

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4 hours ago, cap-gap said:

Say whattt?? There are countries on the ban list and there are countries on the visa waiver list..

they do B2 interviews in local languages.. understanding local culture is not tougher than learning local language..

The ban list is about countries that support terrorism. The visa waiver list is about countries that have a low number of visa violators.

Local language interviews are lot limited to particular countries.

Local cultures don't matter. Some countries allow polygamy, the US won't allow that. US culture matters for travel to the US. There is no right to a US visa, just as there is no right to an Indian visa. So, get off your high horse.

In this case, the OP can always travel to his home country to see his family.

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12 hours ago, JoeF said:

The ban list is about countries that support terrorism. The visa waiver list is about countries that have a low number of visa violators.

Local language interviews are lot limited to particular countries 

You made my point by contradicting with your own previous statement..

if you want to make a logical argument, why don’t you dig up the statistics on how many F1 visa holders actually returned after MS vs how many B2 visa holders from India overstayed?

I know those statistics..the scrutiny on B2 is just ridiculous and illogical in light of those statistics..

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Huh? Now you bring up a non-sequitur about people on F1. Not returning by changing to another status is quite different from overstaying. Apples and oranges.

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On ‎7‎/‎19‎/‎2018 at 5:49 PM, Provence said:

That discretion you speak of is referred to as a consular officer or a CBP officer. If merited, it's that discretion, for example, that allows a CO to approve a visa for a young, single, jobless applicant who might otherwise not have qualified for a B2. 

A visa is a privilege.. and there's nothing stopping an individual from traveling to India to see family. 

Let me rephrase, there needs to be discretion towards a better common sense judgement.

A visa is a privilege? Is that implying people that require it are inferior and, well, under-privileged? And the people for the "selected" 38 visa waiver countries are equally special as the people that live in the US?

And yes there are plenty of situations that stop or delay people from going to the home country to see family, including cumbersome and illogical procedures and timelines and hurdles that the immigration system here puts on an applicant.

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A visa is not a right, it is a privilege. The same is true for visas to your country, btw.

The visa waiver is for people in certain countries where there were few violations. And the visa waiver comes with significant restrictions, e.g., shorter allowed stay, no extensions, no change of status, limited legal rights at the POE, overstay of even 1 day means never being able to use it again.

TANSTAAFL (There Ain't No Such Thing As A Free Lunch.)

Edited by JoeF

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3 hours ago, Ken7 said:

Let me rephrase, there needs to be discretion towards a better common sense judgement. 

You're welcome to write Congress or seek training sessions for COs. 

 

A visa is a privilege? Is that implying people that require it are inferior and, well, under-privileged? And the people for the "selected" 38 visa waiver countries are equally special as the people that live in the US?

It means a visa is not an automatic right. Those who receive it must qualify to receive that visa. And those select visa waiver countries are designated so because their nationals have demonstrated lower overstay/abuse rates over time. 

 

And yes there are plenty of situations that stop or delay people from going to the home country to see family, including cumbersome and illogical procedures and timelines and hurdles that the immigration system here puts on an applicant.

Those entering the US on a non-immigrant visa should be prepared for long waits for immigration system benefits. The long timelines are associated with huge applications volume, and numerical visa limits set by Congress. Not a single person is forced to remain in the US against their will; they have the freedom to leave any time they want. After all, they're obligated to maintain a non-US permanent residence. 

 

Edited by Provence

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My Parent visa got approved in next attempt. Nothing is changed on documents except the date. With same document and circumstances . 

Visa approval is all luck.

 

Thanks everyone for advise.

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