B2 visa - Parents received 221(g) on drop box and current visa cancelled


wolverineMS

Recommended Posts

Hello all,

My parents' visitor visa is getting expired in APRIL 2019. When we tried to schedule a visa interview for the second term, my parents were eligible for dropbox and they submitted the documents in the location.
They received the passport along with a 221(g) asking them to appear in person. They cancelled my parent's existing visa as well.

The difference between 2009(the first time they were granted visa) and now is that my father is retired and is 67 years old now. 
I have stated that it will be me who is sponsoring the visa and I am in H1B visa. My sister lives in the US with green card.

My parents have visited US almost every year (until this year April) and stayed for six months or little lesser than that each and every time in their first term. But, they have never overstayed. Only once, they returned back to US in 4 months and 27 days instead of six months. This was in 2014. But was in India for 9 months after that stay.

Why was my parent's visa not approved during drop box?
And why was their existing valid visa until next year was cancelled? Does it indicate something?
What kind of questions can they expect when they go for in person interview now?


Thanks,
A

Link to comment

The CO appears to believe their US stays were lengthy, the visa being abused. Additionally, with the dad being retired, and a son/daughter in the US, their strong ties to India are lacking. Were they handed a 214b after the interview? 

That they were called for an interview and the existing visa cancelled was not an encouraging sign, and they were viewed as having misused the privilege of a visa. They could reapply if their want, but I'd be hard pressed to believe they'd be granted another visa in the near term. 

Link to comment

There is no sponsoring for a visitor visa. You can pay for the trip, but that's not sponsoring.

They have to qualify on their own.And staying every time for 6 months is not a good thing. It looks as if they live in the US, instead of just visiting.

And old visas are usually canceled before a new visa is processed.

Link to comment

They have not attended the visa interview yet,

They have rental properties and both my aged grandmothers in India which I thought could be their ties to the home country.

Since they never overstayed even a single time, still six month staying will be considered as a visa abuse? Is there any alternative solution? What could be the questions asked in the visa interview?

Thanks,
A

Link to comment

They had to be aware a b2 is for short visits of a temporary nature. It's not for living in the US six month every single time. COs may view that as abuse. Imagine a credit card analogy.. if maxed out to it's limit all the time, the holder's credit is negatively effected, and unlikely to get new credit soon. 

Who took care of the aged grandmas while the parents were in the US? 

Link to comment

Do not make the error of letting them know what to say. There was nothing wrong in what they did. Let them go for the Interview and be spontaneous. There is no inherent illegality in staying within the parameters of the I94 given to them and it was and is the CBP who will let them in should they get an extension of the visa. Let us know what happens.

Link to comment

Hi WolverineMS,

Any update on your parents visitor visa interview ?

I am also in the same boat and probably worse as my father expired and my sister lives in US . I am planning to apply her visitor visa in 2 months.

Can you please let me know what documents you provided from your side ? I heard we don't need to send any documents from our side as they are applying(renewal) in same visa category.

 

 

Link to comment

Archived

This topic is now archived and is closed to further replies.