Visitor visa after 214(b) rejection

[nm_mn448]

I was in the US from Jan 2016 to June 2016 and returned back to India(home country) before the six month period. I was denied entry into the US at the port of entry Abu dhabhi in September 2016. I tried to reapply B1/B2 Visa in June 2018 at consulate and my application was denied. My Dad was not well mentally and physically due to personal and political reasons and he moved to the US and applied for a political asylum in the US. I had travelled to US in Jan 2016 to take care of my dad and support him personally during his stay in US and returned back promptly within the six months period before my I94 expired. Unfortunately, my father was diagnosed with AML cancer after I left to India in June 2016. I decided to  return back to the US after 3months in September 2016 to take care of my father but  I was denied entry at Abu dhabi and was asked to sign a form to withdraw my application of entry into the US and my visa was cancelled. I was asked to apply for a student visa and try to re-enter as I had expressed interest to study in the US in the future while I was detained at Abu Dhabi. In June 2018, 2 years after i was denied entry at Abu dhabhi my father passed away in the US due to AML, I tried to apply for new b1/b2 visitor visa from a consulate in India with the evidence of a letter from the hospital stating the reason of my dad's death but was denied visa with a 214(b) letter. I was unable to visit my father's funeral as well. Due to this instance I did not try to apply for a visa again as i was hesitant that it would spoil my travel history and I started working for a MNC firm in India in 2016. It's been about 5 years since am financially independent and 3 years ago I have moved to London. I have since then accumulated good amount of savings and I'm now planning to visit my brother and his wife who are in newyork for Christmas and would like to re-apply for a b2. I need advice on how I can narrate my story in the DS-160 visa refusal and how I can prepare for the interview. Thank you.

Edited November 7, 2021 by nm_mn448

[JoeF]

Taking care of your dad, while commendable, unfortunately is a violation of US visitor visa laws. You can provide moral support, but actually taking care of another person, even a close relative, is considered work in the US, and work is simply not allowed for visitors. This may sound harsh, but it is the law of this country. That's most likely why you got denied entry later. Hiring a caretaker would have been the way to comply with law.

You may want to discuss your situation with a good immigration lawyer.