B2 rejection 3-times for Mother In Law


zealot

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Hello Friends,

 

This is for my mother in law’s B2 visitor’s visa rejection case. She is in India and her B2 has been rejected three times @ Mumbai Consulate and all the times the rejection reason was section 214B (Potential Immigrant to USA) despite of showing strong ties and properties in India.

 

Mother in Law is a widower and has 2 daughters both married. Younger one is my wife and we have twin boys. We live in Southern California, USA and are permanent residents with kids USA citizens.

Elder daughter lives in UP, India and has a daughter.

 

Visa Interview 1st Time (Sponsorship from Son in Law and Daughter).

Answered all 5-7 questions (10 mins or so), Interviewer stopped at last question about “What does your spouse do?”. After hearing he passed away, he said we can’t offer the visa this time please visit next time. I don’t think any documentation was missing as was well prepared after reading lot of websites. Section 214(B) page was given as reason for rejection

 

Visa Interview 2nd Time (Sponsorship from Son in Law and Daughter).

1-2 questions asked and answered but was told can’t give visa. She came out. Same page section 214(B)

 

Sent to Europe for a 6 country tour package including UK before 3rd Attempt.

 

Visa Interview 3rd Time (Sponsorship from Son in Law and Daughter).

No questions asked but said can’t give visa. She was a bit frustrated and finally asked the reason for rejection. They interviewer said please come back after your daughter becomes USA citizen.

 

All the above interview took place in approx. 1.5 years range of time between 2010-2012.

 

We will be eligible for USA Citizenship in Apr 2014 but would prefer filing her B2 prior to it if the chances are fair to get it.

 

Any help in this regards is highly appreciated.

 

Thanks in anticipation.

 

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 We live in Southern California, USA and are permanent residents with kids USA citizens.

Visa Interview 1st Time (Sponsorship from Son in Law and Daughter).

Visa Interview 2nd Time (Sponsorship from Son in Law and Daughter).

Visa Interview 3rd Time (Sponsorship from Son in Law and Daughter).

So now do you realize what was the mistake?? 

 

Their is nothing called sponsorship for visiting visa. Let's assume that their is and if a PR sponsor a visitor then what's guarantee that she will leave US after the vacation??

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So now do you realize what was the mistake?? 

 

Their is nothing called sponsorship for visiting visa. Let's assume that their is and if a PR sponsor a visitor then what's guarantee that she will leave US after the vacation??

I agree with you rahul412 as it could be possible reason for denial. OP, it would be better to wait till you guys get citizenship. It takes additional few more months and for sure it is frustrating. But, can not help it.

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Thanks Rahul.

 

Also we are planning to write to Senator for a request of letter to be sent to Consulate.

 

The question came to my mind all the times but thought it will support the case thought she is capable of supporting herself. There are responses in ******** and other immi website that stated sponsorship with a letter to authorize the return will help hence we did. Another reason was we do the documentation for her was easier vs. she running all over without help.

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Thanks Rahul.

 

Also we are planning to write to Senator for a request of letter to be sent to Consulate.

Won't make any difference. That's just a waste of time. The consulates don't care about such letters. They don't mean anything.

She needs to convince the VO that she will return to her home country. That's the only thing that matters.

And as was said already, there is no sponsorship for visitors.

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How does the senator know your mother?  How does he/she know you?

 

You are free to visit your mother in her home. Your persistence is a red flag.

 

If you are considering filing for her PR after receiving citizenship, she is being correctly denied a visitors visa because she does have immigrant intent.

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Thanks to All to provide me with options to be considered.

 

I also what to know how an Attorney can influence or help as they are not even allowed to enter consulate offices, They can only help with document preparations, interview sessions etc. please suggest.

 

Would like to answer few of the questions from you folks.

 

1. Why I am considering Senator? I have read reviews in similar forum about getting it for chances to get visa stamped. Yes I don't know the senator but are open to public and have seen they support people irrespective of their anything. I am not sure if they will help but no harm trying. I feel It doesn't have to be an emergency situation for visa stamping, for emergency situation consulate they should mostly be giving visas.

 

2. Why am I considering PR for mother in law? I was not considering till 3 rejections but during last interview the officer himself told NOT to give VISA and come back when your daughter becomes citizen. I am taking it as the officer himself indirectly asking us to go as last option. 

 

Any suggestions welcome...

 

Thanks again, appreciate all your time in responding to my concerns.

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You are going by what your MIL said. I rather suspect she is filling in the blanks. There is no harm in contacting a Federal Senator and speaking to the person in charge of Immigration Affairs. If something she said in the first Interview was noted down and was potentially labeled as being economical with the truth nothing will help except an VO in a very good mood.

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Thanks all for the suggestions

 

@ pontevecchio - it could be the case that VO has written something in her file but not sure how to proceed further. I will try for Senator and see they are willing to help and rest is all luck

 

@ t75 - NO she didn't say 6 months but all the time it was in the range of 3-4 months

 

Again , the intent was never to file PR but looks like to be the only option left after few months.

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Realize the requirements if she becomes an LPR - including health insurance, taxes on worldwide income, your requirement to support her, and the fact he MUST make the US her home and not just visit.  Is a visit visa becoming LPR worth all that?

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@t75 - Agree to your point, its not worth to have PR done but that is the only feasible option for us now. We can support her and she will then visit at least 2 times/year considering at least 3 months tenure each visit.

 

just to add some info - She is capable of SELF SPONSORSHIP of her visa but somehow we didn't do it in last 3 times.

 

I am not sure why is the govt so hesitant to provide visa, They should ask for BOND MONEY or SOMETHING from sponsor so that its kind of a guarantee to USA about visitor leaving the country.

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@t75 - Agree to your point, its not worth to have PR done but that is the only feasible option for us now. We can support her and she will then visit at least 2 times/year considering at least 3 months tenure each visit.

 

just to add some info - She is capable of SELF SPONSORSHIP of her visa but somehow we didn't do it in last 3 times.

 

I am not sure why is the govt so hesitant to provide visa, They should ask for BOND MONEY or SOMETHING from sponsor so that its kind of a guarantee to USA about visitor leaving the country.

 

The govt is hesitant to give visa coz thousands of so called visitors come to the country and don't leave and stay as illegal immigrants. So please don't be naive.

 

I am curious as to why would you mention that you have 2 twin children? What has that to do with your Mother-in-Law's visitor visa? Why do you really think it makes better case if your children are citizens as compared to non-citizens?

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The govt is hesitant to give visa coz thousands of so called visitors come to the country and don't leave and stay as illegal immigrants. So please don't be naive.

 

I am curious as to why would you mention that you have 2 twin children? What has that to do with your Mother-in-Law's visitor visa? Why do you really think it makes better case if your children are citizens as compared to non-citizens?

I understand the aspect of people coming on visitor visa and overstaying or doing illegal stays but unfortunately people like us who follow all the rules suffer.

 

I mentioned twins just for information sake and not even discussed with interviewing officer at consulate. It has nothing to do with chances to increase visa stamping.

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Some immigration reform discussions have included provisions for easier visas for parents of USCs.

 

Remember, if she is a LPR that she has tax - and health insurance - obligations which require payment for the entire year.  These financial issues should be a significant concern to you.

 

Once you become a USC, it may become easier since she can then point out that you could sponsor her but that she only wants to visit.

 

Don't get mad at the VO.  Once of the largest group of visa overstays is South Asians.  California is the most frequent destination of these people.

 

If she is active in social or religious groups, she could keep a calendar of her activities including those planned to take to her next interview.  If she is physically able, you might gift her a foreign vacation. This could be either a hosted tour group or to a location where your family can meet her; this has two benefits - holiday and to demonstrate that she returned home.

 

In fact, if you planned a two week vacation to Hawaii (cheap to get to from CA), she could reapply for a visa for just this trip.

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I understand the aspect of people coming on visitor visa and overstaying or doing illegal stays but unfortunately people like us who follow all the rules suffer.

 

I mentioned twins just for information sake and not even discussed with interviewing officer at consulate. It has nothing to do with chances to increase visa stamping.

Thanks Desi-Dude for reading and responding..

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