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B1 parents visa rejected 3rd time because ERROR in consulates SYSTEM

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  • B1 parents visa rejected 3rd time because ERROR in consulates SYSTEM

    Hi:

    My parents who have applied for a visit visa to US twice before in gulf (rejected both times, reason once being not travelled outside enough in the last 10 years). Dad retired, moved to india, applied through chennai consulate on October 17th, rejected again. My Dad is retired has properties which he looks into developing in the country, mom a housewife, have one more sibling who is settled in canada, parents have visited canada and other european countries before, below is a transcript of their questions and answers:

    Q. Why do you want to visit US?
    A. To visit with my son and his family, and also see some of the tourist destinations which we have always wanted to visit in US.

    Q. Did you goto canda in the past 2 years?
    A. Yes

    Q. Did your son visit you in canada?
    A. Yes Once, the consular said ok (by which he proves his first point that you dont have to goto US to see your son, he can always come meet you in canada, this is my guess ofcourse)

    Q. Why will you come back to US?
    A. I have family here, and properties which I need to be developing.

    Q. I dont think thats good enuf Mr. xxx, you will not come back?
    A. I will, because i have nothing todo in US, after the visit.

    Q. I think you will go and work there since you have a work permit in your name there.
    A. I do not have a work permit there nor do i intend to work there on my visit.

    Q. According to our records you do have a work permit on your name.
    A. Which company do I have a work permit with, if you say so?

    Q. Co ZZZ
    A. I do not have a permit with that company, my son works for that company.

    Q. Sorry Mr. xxx, you have to move now, i cannot give you the visa.


    Ok here are the facts, like quite a few people from india, we have our dad's name after ours, and so is the case in my case, I had gone to chennai 2 years back for my H1b Stamping, everything went smooth.

    All throughout the interview the only thing the consular looked at was my W2 form, and nothing else, We had more than 200 pages of accurate documentation. But as already stated in this forum and others, documentations cannot prove intent. In my case we can never prove the true intent unless we have a way to fix their system which has wrong entry in it (and i have no clue how that entry was placed in their system).

    But the visa consulars claim that my dad has a work permit on his name, from my company is absurd, because thats not the case.

    My Questions is has anyone else in the past faced any such situations?
    Because I would like to know of a process to fix the records that the consulate has which are incorrect, and my dad will never be able to get the visa now, since in the systgem it says he has a work permit here, which is not the case. I would appreciate any kind of input from the Admin here or any members who can provide a viable way to fix this error.

    Thx.

  • #2
    That is strange.

    Even I have my father's name as part of my full name (It is required in many parts of India.)

    My first H1 just my father's name spelled out in the visa approval, rest like my name, last name were written as initials somehow.

    And my father never had a problem getting visitor visa.
    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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    • #3
      B2 Visa Rejected - Due to System Error in Consulate

      I know that a lot of people from india have a similar naming pattern, i dont know if there was a mistake made at the consulte when they were entering names, and if that is the case, then i have no idea how to get it fixed before they can re apply.

      If we apply again, they would still reject based on the previous reason.

      Is there a way we can contact the consulate, or is there a governing body who can look into such an issue and resolve the matter with additional proof and paperwork?

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      • #4
        Try sending them an email explaining everything. Contcat information at https://www.immihelp.com/us-immigrat...tes-india.html
        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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        • #5
          B2 Visa Rejected - Due to Error in File

          I contacted both the chennai and VFS customer service, and both have standard replies to my query, they do not and are not responding specifically to my question, because of their presumption that the visa was rejected due to strong ties not being established in india. Below is a reply from the Chennai Consulate:

          Your parents may choose to reapply & appear in person for another
          personal interview in Chennai should their personal circumstances change
          materially. Please be aware, however, that in the absence of any
          significant change in their situation it is unlikely that they will be
          issued a visa. If they choose to reapply, they may schedule an
          appointment on www.vfs-usa.co.in for a personal interview, also they
          will be required to fill out a new application form, pay the visa
          application fees of Rs. 4400 each time they reapply if they have been
          previously refused under 214(b).

          Tourist visa applicants are required to demonstrate their ties to India.
          American law does not allow the issuance of these types of nonimmigrant
          visas to people who are presumed to be intending immigrants. How can an
          applicant prove he or she is eligible? By showing he or she has
          substantial social, family and economic ties to India and the financial
          resources for an expensive trip abroad. Only those who can overcome this
          presumption are qualified to receive visas

          It is important to note that in these visa categories, the burden of
          proof is on the applicant. Documents that show the applicant's income
          and finances, the purpose of the trip, and the arrangements to cover the
          cost of the trip may help to convince a consular officer of an
          applicant's eligibility. It is impossible to specify the exact documents
          that would be best to submit as each applicant's circumstances vary
          greatly.


          Visa Information Unit
          American Consulate Unit
          220 Anna Salai
          Chennai 600006
          Tel: 91-044-28112000(board)
          91-044-28112060(direct)
          website: http://chennai.usconsulate.gov

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          • #6
            Try talking to your local congressman's office, and see if they can help with your situation. In your request be precise on what you are asking them to do, and the misunderstanding with the US consulate. Good luck!

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