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Tourist Visa denied under 214(b) 3 times

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  • Tourist Visa denied under 214(b) 3 times

    My parents applied for a B1/B2 nonimmigrant visitor visa @ Mumbai consulate and appeared for an interview (Gujarati) three times (2 times my parents and one time mother-in-law alone). All 3 times their applications have been denied.

    The explanation for the denials has not been explained beyond “You are a potential immigrant to the United States”. I am their daughter and I am a citizen of the United States. We don’t want to file I130 as it takes time and my parents do not stay more than couple of months. My brother lives in South Africa.

    I am pregnant and due to deliver my child in February of 2009. My parents have applied for this tourist visa because we feel it is urgent that they come to the United States before the birth. We also sent doctor's note confirming my wife's pregnancy but no help.

    My parents have no desire to remain in the United States beyond a few months. They are well established in their home country, where they have family, business and property obligations.


    Thanks,

    V
    Last edited by XCM; 12-04-2008, 10:15 PM.

  • #2
    Pregnancy is NOT a good reason for a visit. That is probably one of the biggest factors that worked against them.

    Consular Officer think that parents are going to do more than help with the delivery, but actually be put to babysit while the parents return to work.

    US culture does not approve of this and most immigrants abuse of visitor visas by having their parents come for the delivery and overstay. So, bad idea to have sent those papers...

    They have not been able to overcome the assumption that they will not return to the USA and until they do so, by showing strong ties to home country, then there is nothing to do.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Thanks for reply, but my parents have strong ties to India with properties, my brother and his family, four flats etc.

      VO asked questions like how much the trip cost (twice by the same young 20-24 years old female VO). We don’t want to petition I-130, as myparents don’t want the green card, they beleives its waste of money.

      Please advise something. So far we have use reason to get visa (time length: 2 MONTHS)
      (a) Tourism
      (b) Family visit / tourism
      (c) baby-shower invitation (with doctor's note)

      Thanks,
      Last edited by XCM; 12-05-2008, 09:24 PM.

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      • #4
        anyone?

        Comment


        • #5
          age

          what was thier age?

          Comment


          • #6
            Originally posted by XCM
            anyone?
            You being a citizen is serving as a big impediment to their visitor visa approval as the fact that there is a chance for one to apply for an immigrant petition still exists. The VOs look at all non-immigrant visas with the notion that the applicant is a potential immigrant and the duty to prove otherwise rests with the alien.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              tourist visa denial

              my mother tourist visa application is denied today.. She was asked 3 questions --
              1. Why you are going to US ? she is coming to attend my graduation ceremony
              2. Who else is in your family ? She has two daughters (married) and one son(married)
              3. How much income does she have? She is working in private firm and gets pension

              She got rejected on the basis of these three questions... I am not able to understand without asking for any documents, hw he rejected the application. She is 54 years of age and she is widowed. My question is that these situations can never changes, so what are my options to bring her in US. I am on F1 rite now and will be joining a job in couple of months.

              Thank you,
              Ashish

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              • #8
                Documents are of secondary importance only. They assess based on your circumstances.

                Comment


                • #9
                  Father-in law is 60 yrs and Mother-in-law is 58 yrs old.

                  Looks like US consulates/State dept also needs to make money like any company so they can denied your visa anytime (sometimes is for good reason). I believe they don’t have thinking ability, acts like a robot. But anyway we applied for I-130 so we can help state dept's cash flow; after all we are all going through Global recession. They’ll come to US for 2 months and return to their home land.

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