Parent's Visa Rejected 4 times between 2012-13.. Need Help !!

[snehalvh]

Hi

I am sponsoring my Parents for US visit(from India) but Visitor visa (B1/B2) was rejected 4 time between 2012 and 2013.
First time(Jan 2012) it was rejected because visa officer saw my H1B stamp which was about to expire in couple of month. They said your son’s visa is expiring soon so we cant grant you visa.. Irony is I had 2 yrs of approved extension i797 which he didn’t look at.
2nd time(Feb 2012) we applied just within a month.. They just asked couple of basic question and rejected.(why are u going ? what your son do there ?) They didn’t bother to ask anything around the reason of my 1st rejection (I prepared my parents to show i797 copy which officer didn’t see at 1st interview).
3rd time (June 2012) – This time I applied only for my mom to show her further strong tie to India since dad will stay in India again they asked same 2-3 questions and rejected.
4th time (May 2013) – Applied for both parents. This time they asked couple of additional questions around my father’s business(if own the office ? how many sq ft it has ? traveled any other country ? etc). Again its rejected.
All these time I have prepared extensive documentation, affidavits, travel bookings, hotel, itinerary, family tree, property documents, invitation letter, letters from congress man (2nd and 3rd attempts).
All the time 214B was given as they are not eligible to get visa but they can apply again. I heard that 214B indicates lack of strong tie with home country. That’s difficult to believe as my parents has younger son, daughter, grandchildren, brother-sister, mother, infact whole family there in india, they own 2 house and some other property there. Dad owns business. I don’t believe that all these are not enough to show strong tie. It seems that their visa got rejected without proper consideration.


Its one of my biggest dream to have my parents visit me here in US atleast once in life. I am on H1B in USA since last 5 years with my wife and toddler, working at good position, just owned my first home. No bad history or any kind of legal violations.. GC(i140) is in process..

I am planning to give one more try; and I have following questions:

1- Is there any way to get information around exact reason of last 4 rejection. 214B is all they gave even when congressman’s office sent inquiry/recommendations. Any department to appeal to consider our case for review?
2- in DS160 I was writing very low yearly income for my father and housewife for mom.. Could that be reason for rejection though I was the sponsor for their visit and I had strong financial papers to support their visit? In Fact they didn’t ask anything about my parent’s financials in first 3 attempts.
3- I took them for a Dubai vacation in Nov 2014 so they can show an International travel… would that help ?
4- What else I can do to make Visa counselor consider a genuine application for just B1/B2 tourist visa?

Any help/advice on this will be a great help.


- Snehal

[pb2au]

First of all, a lot of the information the consular officer needs to make a decision is there in the DS-160 form itself. Make sure you have filled everything correctly and truthfully. They can run a database search to check things out.

Ordinarily, there is no review of a visitor visa decision, it cannot be appealed. It is one of the few areas in U.S. law where the consular officer's decision is final and binding. Only if it can be shown that some point of law is violated will the State Dept reverse a decision. In your case, it is extremely unlikely and I suggest you don't go down this road.

Try and figure out the weak areas in their application. Fill the DS-160 carefully and be absolutely truthful. Prepare them for the interview. This is the most important area and this is in your hands. Write down the list of possible questions and the answers to them, and have them do mock drills. They should both know all your details - your visa status, where you work, where you live, when you first went to the U.S., your company etc. they should persuade the officer without sounding argumentative or desperate.

One more thing - the fact that they probed your father by asking specific questions about his business office etc suggests that they have a credibility problem. I am just going on what you have described. Something for you to think about.

Your focus should not be on documents except a few - such as your visa, company letter, bank statement. Property etc has no bearing, the consulates know all manner of documents are forged in India.

[snehalvh]

Thanks pb2au for the response.

[QUOTE=pb2au;397759]

I did all the you mentioned.. no wrong info was given in DS160. prepared them well except 1st interview. when I am sponsor of their visit why they are worried about credibility of my father's business ? I have my papers sound and strong.

[pb2au]

[QUOTE=snehalvh;397761]

I did all the you mentioned.. no wrong info was given in DS160. prepared them well except 1st interview. when I am sponsor of their visit why they are worried about credibility of my father's business ? I have my papers sound and strong.

It is not you who is applying. Your parents are, and so they should qualify on their own merits. Your providing the funding for the trip is just one factor. The consular officer must be convinced that your parents will return to their home country after a short stay in the USA. There must be a reason they have been rejected 4 times. The challenge for you is to figure out exactly why. If you think the decisions have been arbitrary, all they can do is keep applying again.

Yes, it can be extremely frustrating in those cases that are genuine. But unfortunately, that is the way the system is set up and there is no way around it.

[snehalvh]

[QUOTE=pb2au;397889]

It is not you who is applying. Your parents are, and so they should qualify on their own merits. Your providing the funding for the trip is just one factor. The consular officer must be convinced that your parents will return to their home country after a short stay in the USA. There must be a reason they have been rejected 4 times. The challenge for you is to figure out exactly why. If you think the decisions have been arbitrary, all they can do is keep applying again.

Yes, it can be extremely frustrating in those cases that are genuine. But unfortunately, that is the way the system is set up and there is no way around it.

pb2au - I understand but I have seen many ppl getting visa without any strong financial or social tie..e.g- Non-working parents of a only son who is in US.
And the most painful part that there is NO convincing reason that we can think of. We have a reason for first time rejection so we were expecting questions around it in 2nd interview but they never asked anything on that...neither anything on a specific area.

Not sure what to do ?

[jashan0406]

Hello,

I am in the same boat. My father's visa has been rejected 4 times. Did your parents get the visa?
If yes, please advise. I would greatly appreciate your help.

Thanks
Jashan

[HFM1919]

big question: how did either of you wind up in the US? If either of you wandered off with a B2 visa and then 'forgot' to return, the presumption will be that your entire family was OK with not being truthful....and if the parents taught that behavior, then why believe them?

[HFM1919]

Another thought ( and a common scenario I encountered).....if you went to the US with a tourist visa, and were there for some rime 'visiting'....did they forget to mention your presence during their 1st interview, then when you somehow got H1b status (your 'papers'), then they suddenly 'remembered' you were in the US? If so, their first lie will haunt them for a long time....because they will have ruined their credibility...which cannot be regained with an apology or some letter from you or anyone else.