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Widow Mother with Agricultural Land - Visitor Visa Rejected

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  • Widow Mother with Agricultural Land - Visitor Visa Rejected

    Hi All,

    My mother is a widow , but she has sufficient agricultural land that belonged to my Dad.
    She also manages the agricultural land that my grandparents wrote for us - i.e. their granddaughters.
    My mother also owns an apartment in Chennai
    My mother has 4 daughters. At the time of the interview, only I the eldest was married.
    Now another sister of mine is also married.

    My mother went for her first interview at Chennai with my youngest sister and they got rejected.

    In the interview, when she was asked about how much land she has – she mentioned the total amount of land that she was managing ( i.e. both hers and ours together ). She said our whole family has this much and I am managing it.
    The officer was shocked – like she didn’t believe her.
    – She offered to show the documents – but the officer was not interested.

    Also, she had a translator , who always closed the mike and spoke to officer – so my mother could not hear what was being translated.
    She knows English pretty well - but we took a translator just for her to be more comfortable.

    We tried again- this time only for my mother , after 2 months in Hyderabad and she got rejected again.
    This time she even told the officer – how many acres she owns as a share in the family property. She told both the amounts i.e. total family and her share to be consistent with her previous interview..
    Rejected again.
    When she asked why – my mother did not understand completely what the consular officer said – but she understood that he kept referring to ‘Chennai’.
    Any ideas on what the officer could have meant?

    We are planning to apply for her again.

    My question is : how can there be no strong ties when she has property and at the time 3 unmarried daughters.
    If this is not strong ties, what is?

    1) What documents can I produce to show that she has agricultural property?
    2) Where can I get the templates from these documents?
    3) Which officer/ s should sign and seal these documents?
    4) Should she mention the whole family property amount that she is managing – I’m asking this because she had mentioned it in her previous interviews, and I don’t know if omitting it would work against her.
    Or should she just say that she is managing her daughter’s property as well and leave it at that?
    5) I read somewhere that Agricultural Land Valuation document and J form can be submitted – can anyone tell me where I can get these?
    6) In the DS-160 – can anyone suggest what she should put as her occupation and how should we describe her duties?
    7) What documents does she need to provide for her apartment in Chennai?
    8) Last time my husband sponsored her – did this work against her ?
    9) She will state that she is funding her own travel this time –to show financial stability. is this a good idea? How should she support it?
    10) Finally – would you recommend that she attends her interview in Chennai or Hyderabad? ( She resides in Andhra Pradesh – but both locations are convenient for her )
    11) In your opinion – does a senator’s letter help?

    Thanking you all in advance for your help.

  • #2
    Stop Guessing and insinuating

    Originally posted by Ben Thardunthatt
    First, a letter from senator carries no weight whatsoever during a visa interview....for the simple reason that senators and congressmen are in the Legislative branch of our government, while the State Dept is in the Executive branch....and no one from one branch can tell someone in another branch what to do....consular officers cannot be intimidated, pressured nor ordered to issue a visa to anyone...even by the president of the United States.
    Owning land, in and of itself, does not entitle anyone to a visa...every applicant is presumed to be an intending immigrant until they (and they alone) convince a consular official that they will depart the US when they say, that they will not engage in unauthorized employment (such as babysitting) while in the US...and all of this without any intervention nor influence from any third party.
    My guess is she told the VO (on her application) that she wanted to stay 6 months, a ridiculous amount of time for someone who allegedly 'manages' land....they cannot manage it from 8000 miles away....or the VOs suspect that child care is on the horizon....or there may be some other reasons, such as...how did you get to the US....a tourist visa that you changed into a student visa, and then an H1B....? If so, the VOs now know that you were not truthful....and that you must have learned this behavior from....your parents....these are just opinions/observations....also, changing stories about who is paying for what makes it appear that the applicant is trying to hit the 'hot buttons' somehow, flailing around with new and improved stories or trying to suddenly show a bunch of money from no where, etc...all of this is like a person tossed into the deep end of a pool who cannot swim...they splash around, making waves, but rarely making much progress.....
    bottom line....tell the truth...if she is retired, she is retired...if she merely owns some land, but others work it, say it....resist the temptation to inflate her responsibilities, because every time you change the story, her credibility drops....because in real life, no one can change instantly from one job to another, or go from retired to 'Big Important Boss', etc, within a few weeks....it is not possible.
    She should be up front as to why she wishes to visit, be totally honest as to how long, who is really paying for airline tickets, what is it she plans to do while in the US, and stop trying to play games with the VOs (with tall tales about 'always wanting to visit the Grand Canyon'.....that excuse has been used somewhere around 845,390 times....and yet, few people from India ever actually go to the Grand Canyon.
    Hello Ben,

    I was not asking for your judgement - i asked for advice.
    If you cannot give it - then don't - no one forced you to.

    Thanks but no thanks for your reply.

    What you wrote shows more about your character than what i may / may not have learned from my parents.
    I am not interested in what you have to say.
    Please let those who can really help, post here.

    Comment


    • #3
      She needs to show the proof of the property she owns, such as her land, her apartment. We don't know what exact documents shows that ownership in your place. I suggest that you ask a local CA for the same.

      If she can show that she can take care of her expenses for the US trip, that would be the best.

      If she has any other income such as interest income etc., that would help her.

      Also, when you say she manages the land, I am not sure what exactly you mean. Do you mean that crop is grown and she manages that? If yes, mentioning agriculture as the occupation would be appropriate.

      I am not sure what they mean just by the word 'Chennai' but may be they are asking her to apply from US consulate in Chennai. Normally, it makes no difference from where you apply and you should not do consulate shopping around.

      And yes, Senator letter may help. Please look into the visitors visa section at https://www.immihelp.com/senator-con...-visa-refusal/
      Immihelp Support
      No legal advice. Use at your own risk.

      Visa and Greencard Tracker

      Visitor Medical Insurance for your visiting relatives.

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      • #4
        B2 - Visitor visa is 50 - 50 chance - mother who is a widow , B2 visa rejected

        My View:
        B2 - Visitor visa is 50 - 50 chance
        For whoever going on the same path : re-apply and show your social and economic ties strongly .
        as visitor visa questionnaire is presumed to question that who ever is applying they will assume that they will immigrate to US and not return.
        so the answers need to be in proving your ties social and economic ties back in india and explain in better terms on where and why you are going.


        Here's our case:

        My Mom got rejected once, we applied after 10 days and we got the second time:

        Questions asked ( we went without much preperation, as we felt that visitor visa is easy to obtain)

        1st appearance:

        1)where are you going -
        answered
        2)who are you going to visit:
        answer: my son
        3)What does your husband do?
        he is no more and was a government official
        4)who else is in india :
        answered:
        5)what does your son - in - law do :
        answered (works in IT)
        6)what company is it?
        answer: i dont know
        7) Rejected the visa and gave a 221 (G)

        2nd appearance ( 10 days in between)

        Prepared to make her confident : this time i captured all of the internet questons on visitor visas and prepared to answer .
        Since she is widow we need to prove STRONG-TIES (social and economic) in india and let the visa officer understand that she will come back. and this has to happen with in the first few questions. also she needs to look into the eyes while talking to them if possible.
        there is a high number of cases if widow and only son, the rejection rate is more than 50%. so we need to break the problem of convincing the Visa officer about the fact that she will return and obviously we never had any intentions to stay.

        so mostly if the questions are asked in similar fashion.
        we need to prove the visa officer that we will come back in the first 3 questions. by explaining that we have dependents and properties to deal with.

        1)where are you going -
        Answer: location where my son | daughter stays.. they only come once in a year so i wanted to go and visit them in summer since i believe summer is best to visit.

        2)who are you going to visit:
        Answer: son and daughter-in-law, They come once in a year and stay for 1 or two weeks because of there job .. so i wanted to visit them this time.

        3)What does your husband do?
        Answer: he is no more and was a government official , so i get pension every-month which i need to take care of along with my mother-in-law. she lives along with me and my mother and father.
        The pension which im getting here would take care of me, my mother and father along with my mother-in-law for medical and rental expenses.
        (if possible take some pictures of all along for the interview).

        4)who else is in india :
        Answer :daughter and son-in-law and granddaughter, Sister, brother and their families.and all of my relatives. who stay next to my house.

        5)what does your son - in - law do :
        Answer: works in IT company and location.

        6)who is sponsoring for your trip:
        Answer: my son.

        7)How long are you staying in US.
        Answer: 3 months or less as i have to get back to take care of my mother and father and more importantly my mother-in-law who stays with me.

        Also the other questions: Mainly we need to focus on supporting strong social ties and strong Economical ties ( agriculture land documents & CAR and other properties)


        ----------------------------------------------
        How much do you get in pension?
        amount

        --------------------
        how much do you get through agriculture?
        so and so amount? and also i get rental amounts along with pension which is sufficient for the expenses.

        --------------------
        Car documents:
        since she was the owner

        --------------------
        Do you have any insurance?
        Yes , i m planning to take the Travel insurance while on my visit.
        --------------------
        what status is your son ?
        work visa

        --------------------
        When are you planning to go to US
        so and so month for 5-6 weeks

        --------------------
        you applied last time stating that you would travel in march? what changed?
        my visa was denied. so i have to reschedule my plan to adjust to agriculture plans

        --------------------
        how would you travel if you dont know english?
        i understand some english for travel.

        --------------------
        how old is your father?

        --------------------
        how old is your mother ?

        --------------------
        how old is your mother-in-law?

        -------------------
        do they stay along with you?
        yes i take care of my mother-in-law and my mother and father.
        my daughter, son-in-law and my granddaughter stays with us.

        --------------------
        do you have any brothers and sisters?
        yes, one brother and one sister they stay with there families in hyderabad as well near to my house.

        --------------------
        when are you planning to visit:
        in the month of so and so and be back for the crop season.

        --------------------
        AADHAR CARD - Print out.

        Photos of family and with grandparents.

        Also we might need to make sure that she need to be confident on whatever it happens. even if it rejects we can try again..

        ---------------------------------------------------------------------------------------------------------------------------------
        Actual interview went like this on second time:
        (since native language was requested we had the same office on the first time who was interviewing in native language)

        1) who are you going to visit:
        answered: my son

        2) {strange question} is he your son?
        answered: yes he is my son.

        the above two questions were questioned by the same VO who questioned her on the 1st time.
        then she was asked to go visit another counter to be interviewed by another officer: ( who was supported by a translator)

        3)VO | Translator : who are you going to visit
        my son
        (i asked my mom to show the reapplication letter which i wrote addressing the visa officer)
        i told her to show that to them for the first few questions;
        she requested the vo to look at the letters and documents , but he was not interested .
        he asked her to answer the interview questions first.

        4) VO | Translator : why did you got your visa rejected last time.
        answer: May be since when they asked about my husband who passed away, which made me uncomfortable as i felt sad .


        5)Okay you got your visa -
        visa was approved and mom was escorted outside.





        214(b) Refusal
        What does it mean when a US consular officer says,
        "Your visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act."

        Section 214(b) of the United States Immigration and Nationality Act states that: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa that he is entitled to non-immigrant status" This means that most visa applicants* must convince the Consular Officer of the following:

        that he or she intends to return to his or her home country following a temporary stay in the United States,
        that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.,
        that the travel is for legitimate purposes permitted by the applicant's visa category.
        Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to home country, will compel them to leave the U.S. at the end of a temporary visit or study. "Ties" are the various aspects of life that bind you to your home country, such as your family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades and long-range plans in their home country. As each person's situation is different, there is no single criteria that shows compelling ties to home country.

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