Brother's tourist visa rejected. Advice needed

[absk82]

Hi friends,
My elder brother who is married with a son, has been planning to visit US to see me and travel with his friends (without any of their families). A couple of weeks back, I scheduled a visa appointment for him. In the work section, I mentioned a family business which my brother manages, but is registered in the name of my mom. During the interview, the interviewer asked him what his exact designation was in the business. He said, he takes care of the whole business, but he doesn't have a designated role. After that his visa was rejected. We scheduled another appointment the next week, but this time, we included another business, which he runs, which is properly registered in his name (I know this should have been done the first time itself.) but left out the first one. This time, even though he had opted for interview in English, he was sent to a white person, who asked him details about why he didn't specify this business the first time itself and apparently was not satisfied much. He also asked him more questions about where I live, how long I have been here along with several other questions. But at the end it was again rejected with 214(b).

I really wanted him to come sometime this year, but it seems like it won't happen. I am thinking of having him apply again next year sometime. What do you suggest, I should do in this situation, with respect to the business he owns ? Should we specify the first business in the new application or should we just stick with the second application (where he specified the business which is registered in his name) or both. He had carried all documentation to prove the difference in the application, but of course they didn't allow him to show. Now that his visa has been rejected twice already, the difference in his application next year will just be his compensation because of this years' taxes (which should be more), but it might not be enough of a change in his situation, so I am afraid, it will again be rejected. Any advice ?

Will it help, if he applies with his family next time ?



Thanks.

0

[peace999]

No offense but this was an avoidable mistake .
One must be precise and clear at the interview not vague.

Please post;
*which country is he applying in?
*Is his income considered strong by the country's standards?
*What is your visa status in US? How long have you been in US and on what visa did you arrive in US?
*Has he travelled to other countries?

[absk82]

Please find the reply inline.

No offense but this was an avoidable mistake .
One must be precise and clear at the interview not vague.

*** yes, I understand, but after having got my parents' visa easily, I became too complacent that this would go through easily and didn't pay attention to details else I would have prepared him, as well as the application more diligently. In the case of my parents, they didn't ask a single thing about business and stuff. They just did chit-chat !

Please post;
*which country is he applying in?
*** India - Kolkata

*Is his income considered strong by the country's standards?
*** He had entered Rs 30,000 pm, which is average by country's standards, but I had sent an affidavit of support (I-134) which they of course didn't look at. Also, in this year's income tax, he is hopeful of a much better turnover which will make this number much better next year. the second time, when he entered the new business, they asked him the turn over and seemed to laugh off his reply !


*What is your visa status in US? How long have you been in US and on what visa did you arrive in US?
*** I have been here for past 8 years. I came on F1, moved to H1B and my permanent residency is in the process.

*Has he travelled to other countries?
*** No, he hasn't . Will that qualify as a 'enhancing' change in his a application, if he visits one of the nearby countries like singapore/thailand etc ?

Since they didn't look at even a single document, is there a way to submit the documents along with DS-160, so someone at least looks at what he has to offer to prove his ties with India ? Is it worthwhile to contact any immigration attorneys in US ?

[peace999]

Ok. Now the picture is much clearer.

First of all he was going alone to visit you . that rings the first alarm bell .
If you are visiting close relatives in the family, you are expected to take your wife and son with you.

Secondly Rs 30000 pm is low ( no offense) for a visitor visa.
75k should be minimum. Combine that with his answers about his business , and your sponsorship( it is a negative not a positive for a young person).
They did not look at your I-134 because in the form you were mentioned as the payer of the funds.
it showed to the officer that he he plans to settle in US with your help.

About documents; they do not decide on them anymore because of the heavy fraud with documents in India. They think a person's answers are a better guide.

remedy;
He will have to show much better income than that or a visitor visa will be difficult. and build up a better business income in hi s name.
travel with his family to other countries it gives credibility to the purpose
that he is a genuine visitor And apply for a US visa with family not alone. Even your I-134 can work in that case if he shows better income of his own. .

[absk82]

Thanks a lot for your comments !!

Both of his other friends who had showed approx Rs. 50,000 income got the visa, but you are right, we should show a better income. Also, if the next year he shows a radically different income from income tax (of the order of Rs. 75,000), will it not again ring a bell in their mind ? They don't look at any accompanying documents anyway.

I was suggested by someone else as well to apply for visa with his wife and son, but I was wondering, if it is not a better idea to apply by himself, to show that he has ties in India (wife and son). Irrespective, of that, next time, I will make sure that all of them apply.

What should we do for the business, given that there is a discrepancy between the two applications ? Should we keep the second application wherein he mentioned the business which is registered in his name (and will likely have a better salary from this) ?

Ok. Now the picture is much clearer.

First of all he was going alone to visit you . that rings the first alarm bell .
If you are visiting close relatives in the family, you are expected to take your wife and son with you.

Secondly Rs 30000 pm is low ( no offense) for a visitor visa.
75k should be minimum. Combine that with his answers about his business , and your sponsorship( it is a negative not a positive for a young person).
They did not look at your I-134 because in the form you were mentioned as the payer of the funds.
it showed to the officer that he he plans to settle in US with your help.

About documents; they do not decide on them anymore because of the heavy fraud with documents in India. They think a person's answers are a better guide.

remedy;
He will have to show much better income than that or a visitor visa will be difficult. and build up a better business income in hi s name.
travel with his family to other countries it gives credibility to the purpose
that he is a genuine visitor And apply for a US visa with family not alone. Even your I-134 can work in that case if he shows better income of his own. .

- - - Updated - - -

Another quick question - Both these rejections happened last week and this week. Is applying next year around May or earlier a good idea ? he can only visit before August, after which it will get postponed for another year.

Thanks a lot for your comments !!

Both of his other friends who had showed approx Rs. 50,000 income got the visa, but you are right, we should show a better income. Also, if the next year he shows a radically different income from income tax (of the order of Rs. 75,000), will it not again ring a bell in their mind ? They don't look at any accompanying documents anyway.

I was suggested by someone else as well to apply for visa with his wife and son, but I was wondering, if it is not a better idea to apply by himself, to show that he has ties in India (wife and son). Irrespective, of that, next time, I will make sure that all of them apply.

What should we do for the business, given that there is a discrepancy between the two applications ? Should we keep the second application wherein he mentioned the business which is registered in his name (and will likely have a better salary from this) ?

[peace999]

I think he should wait at least a year. That is enough time for the income to naturally go to 50-60k in a business . Even if he shows 60k plus your I-134 , it can work.
About his business, he should stick with the second one where it is all documented. travel with his wife and kid to nearby countries. And then apply with them for a
SHORT visit like 4weeks. not more.

[absk82]

Awesome !! Thanks a lot !

I think he should wait at least a year. That is enough time for the income to naturally go to 50-60k in a business . Even if he shows 60k plus your I-134 , it can work.
About his business, he should stick with the second one where it is all documented. travel with his wife and kid to nearby countries. And then apply with them for a
SHORT visit like 4weeks. not more.