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siva subbiah

B2 visa for parents rejected with 214 b

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CO: Who is there in USA ?

Parent(Mom): My son in xx location

CO:  How much does he earn per month ?

Parent(Dad): xx USD

CO: what is your income ?

Parent(Dad) : Business,  I manage a  shop and my wife is the owner. My income is 3.5L

CO: How many ppl work under you ?

Parent(Dad) : 3 ppl

CO: Have you visited any other country ?

Parent(Dad) : No

CO : Thank you sir. Your visa is not approved and gave 214 B

Staff: Please talk to customer support staff 

Parents: Left the place with disappointment.

 

P.S -> submitted DS160 for Mom with Work as homemaker and Dad as Business

Confusion -> All the business funds flow through mom's account and filed under her IT returns. Dad acts as a manager who is paid for his work.

since CO asked for income of my dad he said 3.5L and not whole family income (Mom+Dad) or the business income. how to overcome this problem in the upcoming visa interview. Even though they took all the docs they didn't show as it was not asked. 

    Did a mistake of applying for visa with me(son) as the sponser.

 

Thanks in advance. would much appreciate the help 

 

Edited by siva subbiah

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. You have the option of seeking future guidance from the firm of Murthy in Chennai and yes they can guide your folks.

Edited by pontevecchio

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how long of a trip did they write (or say) on their application?

Listing mom as homemaker but also as business owner looks odd.

how did you get to the US?

Who will take care of the business in their absence?

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Sigh. There is no sponsorship for visitor visas, as has been stayed here lots of times. You paying for the trip isn't sponsorship.

The officer obviously wasn't convinced of the ties to the home country.

It also helps if they would travel to some other location and return back home. Actions speak louder than words.

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Nobody here can tell you for sure about what happened . The bar for rejection in visitor visas is pretty pretty low. Your parents answers and situation didn't convince the consulate about their home ties and them coming  back to home after a visit. What exact was the reason ? No one tell for sure.

One thing I can think of is that your parents do not need to be there to get the business working so they may not have any reason to come back. This may not be true but thats how consulate officers make a decision.

 

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Something critical to remember/consider...not only are applicants presumed to be going to the US to stay (when they apply for a B2 and a couple of other visa types), a CO must also be convinced that the applicants will not seek unauthorized employment while in B2 status....which includes providing child care for you (and/or others) or working 'under the table' at a friend's motel/sandwich shop, etc....if their business can do without them for some lengthy period of time, what kind of economic incentive is it at the end of the day? A lot of people try to get a B2 visa to go to the US to work for a while, then return (briefly) to put that cash into a struggling business...and while admirable in one sense, it is totally illegal in another....

It is also possible, even likely, that the manner in which your parents answered questions did not inspire confidence...and that can easily work against any applicant....and won't be resolved by the presentation of any documents, notarized or not. Nor can anything you say or write help them....most of the time, a CO will not even bother to read any 'letter of support' because such letters have absolutely zero positive value in an interview...COs do not care what some interested third party believes about an applicant...because only the CO is empowered to adjudicate visa applications - no one else is, including the ambassador of one of our embassies (he or she is NOT legally authorized to make any visa decision and cannot override a CO's decision), no attorney has any legal standing to change a CO's decision, even the president of the United States cannot 'order' (legally) a CO to issue or deny a visa. Those decisions take place overseas, outside the borders of the United States, under very specific conditions and are not subject to 99% of the laws that regulate things within our borders. 

the same holds true for our legislators...a congressman or senator is not legally authorized/empowered to order a CO to do anything - especially issue a visa (or overturn a denial)....remember also that COs/State Dept are in the Executive branch of our government while congress is in the vacationing, er, Legislative branch, and no one from one branch of government is empowered to tell someone in another branch what to do, no matter how many letters someone writes to said legislator....

At the end of the day, it is the applicant who has the responsibility to convince a CO of their bona fides....no one else.

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