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Parents visitor visa rejected with no Rationale

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  • Parents visitor visa rejected with no Rationale

    My parents (both 65+) was rejected at Mumabi consulate. Only 2 questions were asked, where does u r son works ? (xyz company). why are you going ? (to meet son)
    Visa rejected - 214(b)- you do not have enough ties with home country...

    How can someone determine whether my parents have enought ties with their home country or not , based on the fact that I work for xyz company and my parents want to meet me ?? what is a rationale behind ?

    I am very disappointed and wish to take some legal action aginst the person who took the interview, since it was his job to ask relevant questions before coming to such conclusion. Does any one has any idea , how to take a legal action ?

    thanks

  • #2
    Kss

    No, no legal action possible. Go to the annals of immigration law
    and you will find, " B1/B2 is granted as a privilege and no one has a right
    to this visa". Entirely at the discretion of the officer and there is no appeal
    process in place.

    Ask your folks once again for the transcript of the interivew. I am sure
    there has to be a bit more than just 2 qs. Provide more details
    about their children , both in US and India, and the funds they showed
    (whether you sent an I-134 and what is your job/visa status in US?).
    Maybe we can find the reason for the refusal.

    Comment


    • #3
      Taco, thanks for u r reply. I had prepared all my docs as per immihelp. My father was carrying all documents about his income (pension) and property, and also about our family back home. However there were no questions asked about my fathers income or his family ties. There were just those 2 questions I mentioned before.

      My parents visa was rejected before (about 3 years back), thats why this looks like a prejudisuzed decision. But what frustates me is, when you are re-applying after previous rejection, officer is suppose to look at more proof and ask more questions , rather than prejudisizing. This could be a training issue at BCIS part or a personal mistake at officers part. thats why I want to raise it to higher level somehow. I dont know how I can do that.

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      • #4
        If you read this forum , there are several like yours and even
        worse, some have been refused 3rd or the 4th time.

        They look at the situation more
        than any documents. Usually, retired people do have
        a hard time getting visas because they are considered to be free
        from job and any family ties.

        If one of them , like your mother had applied alone, she stood a
        better chance because then your dad would act as a tie to home country
        for her to come back to.
        Last edited by taco; 10-03-2005, 06:52 AM.

        Comment


        • #5
          All,

          I agree with KSS, this is totally very unfair procedure. Why can't they go through the documents and ask any number of questions. Why is this whole procedure based on someone's mood at some point of time i.e. interview. Actually 80% of the parents do not enjoy US, if you see after couple of visits, the number of visits is reduced and also the duration they stay is reduced. This fact immigration people don't understand.

          If "B1/B2 is granted as a privilege and no one has a right to this visa" - then why this interview procedure, just let them close their eyes, pick a few applications and grant them visas, why put the poor parents through this ordeal of queues, interviews, it will save time of the immigration officer.

          -mkotian

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