Vistor Visa denied for my mother

[vimalm 0]

Hello

Need some input from people here. My mother applied for a Visa extension via drop box and was called for interview. She appeared for the interview and they asked some basis question like: Why are you visiting, who lives in US to which she replied. 

Last time she was with us, she stayed for 7 months and we got her stay extended after filing with USCIS. I guess that is the reason why they called her for the interview. 

They asked for the approval paper of that extension and she panicked a bit and was unable to find that document in the folder she was carrying (even though it was there). They then told her that her visa is rejected and reapply again paying new fee etc. using INA law 214b.

She is an old person and I am wondering if we should reapply (how soon?) and this time make sure she understands and keep that paper handy. I don't want to give an impression by reapplication that she is desperate to come here which she is not. She had the earlier visa for 10 years and visited us only once and stayed for 7 months. Based on what I read around here CO might be thinking of a non-immigrant intent and a long stay to support that. The issue at hand is that my mother can't travel to US only for a couple of weeks and go back. It took us years of convincing for her to come and stay with us the last time which was 5 years ago. 

I know it is unfortunate and she should have known where that paper was and how it looked etc. I am just trying to figure out the best path forward here. 

In terms of family ties, her son is in India and the daughter is in US and is a citizen. Both mother and father are retired and they own a house in India. They have brothers living in India as well (not sure if that matters?). They did not ask about the son though to establish family ties at the interview.

Any advice is appreciated.

 

[Noah Lott 0]

a prompt reapplication  will give the impression that she is desperate to return...

I would not expect her to get a new B2 visa any time soon.

[vimalm 0]

Thanks @Noah Lo for your insight. That is what I figured. Could you please guide me how soon is too soon. Will a 6 month work or we need to wait may be an year before reapplication?

She is old and it is difficult for her to travel to Delhi for Visa. On the other hand, if you think they are not going to grant her Visa even after a year, we will chose not to reapply ever and make her travel to Delhi for no positive outcome.

The only circumstance that will change whenever we chose to reapply is going to be the availability of that approval paper that they asked for during this interview.

I understand it is kind of hit or miss but since you have worked in this area and guided so many folks I could really use your input.

 

 

Edited November 7, 2019 by vimalm

[pontevecchio 12]

She may like to reapply next November when the tax dodger is gone. 

[JoeF 7]

4 hours ago, pontevecchio said:

She may like to reapply next November when the tax dodger is gone. 

He is only gone on Jan. 20, 2020, when a new President is sworn in.

Edited November 7, 2019 by JoeF

[User099 0]

49 minutes ago, JoeF said:

He is only gone on Jan. 20, 2020, when a new President is sworn in.

Jan 20 2021, provided he doesn't win. 🙂

1 Year might be a good wait time. Just make sure she is relaxed and not worry too much when she goes next time.

[Noah Lott 0]

I doubt that the approved extension paper will mean much...with one adult USC child, the COs will more than likely believe that on her next trip as a 'tourist', there will be a prompt AOS to a GC when the daughter files the petition five minutes after mom clears customs....that is the main issue now. 

Having an adult son in India is not a tie to India at all....he's a grown up

 

[JoeF 7]

16 hours ago, User099 said:

Jan 20 2021, provided he doesn't win. 🙂

1 Year might be a good wait time. Just make sure she is relaxed and not worry too much when she goes next time.

Oops, yeah. I was just one year off. One can hope 😉

[vimalm 0]

Thank you all for the advice.

Why would a CO think that daughter would file AOS after mom is here. If we were to file GC for her, couldn't we have done it while she is in India. I am not exactly sure of how GC for parents work, but my understanding in general for GC sponsorship is that a person does not need to be in United states for GC application. But I could be wrong here.

@Noah Lott Thanks again for your input. Her spouse will be in India while she comes here for visit. Does that prove a strong tie? 

[Noah Lott 0]

first, leaving a spouse or child behind is NOT a reason to return...never has been, never will be,

yes, a GC app could be filed for her while she is in India, but grandmothers cannot babysit your children while she is in India, waiting for the I-130 to be processed to completion...so, many USC children try to get mom to the US with a B2, then 'suddenly' remember they could file a GC application for her, and have her stay taking care of the kids while the process is ongoing....this is not a new ploy that you just thought of...COs with more than ten minutes of experience have heard or seen this one.,

As for leaving the spouse, apparently he did quite well during her lengthy 'visit' the last time....so how is waving him goodbye a strong reason to return promptly?