Denied B2 Visa for parents

[soniar]

My husband is currently in OPT period, with pending H1b petition. My parents applied for B2 visa and they got denied. Although, the general cause of denial was 214(b), but I was wondering, does my husbands current status of being in OPT and not H1b has any impact?

Thanks.

[Ideal sol]

Answer to your question is...might be and might not be!

Please post complete details of the case and interview Q&A to assess and expect the reason.

This is my opinion, not a legal advice.

[soniar]

Visa Interview

Answer to your question is...might be and might not be!

Please post complete details of the case and interview Q&A to assess and expect the reason.

This is my opinion, not a legal advice.

I am quoting the visa interview as per my understanding and explanation from my parents.

-------------------------------------------
VO: Good morning, how are you doing?
Father: Good morning, we are fine.
VO: So you want to stay for 6 months, who will you visit?
Father: Actually I plan to stay for 3 months, as I have job here. [Did not address who he will visit]
VO: Where will you stay?
Father: Chicago
VO: Who stays there?
Father: My daughter and son-in-law.
VO: What do they do there?
Father: Son-in-law, Full time job as Software Developer.
VO: How many daughters do you have? [addressing mom]
Mom: 2.
VO: Where does other daughter stay?
Mom: Here, in this country.
VO: What is your son-in-laws current visa?
Father: I-20 [which is not a visa]
VO: [Politely, refuses visa].

----------------------------------

I have quoted few things which may be reasons for refusals. Of course everyone will say this about their case, but my parents really just wanted to visit ad have no plan to overstay. Although, they have given few sloppy answers, this was by no means to hide anything. So, where they denied based on the interview, or the overall status of me and my husband disqualifies them?

[Ideal sol]

As per the law, every applicant is considered as a potential immigrant and it is his/her duty to prove/demonstrate that they don't have any intension to immigrate to USA and will surely return to the home country after a short stay in the USA.

So doesn't matter if they really want to immigrate or not, VO should assume that they are!

Generally, B visas are issued on individual merits and sometimes various other things also influences to take a decision on issuing/denying the visa.

You should have prepared them up well, with all basic questions before applying. It is also necessary that they know complete details about your family's status and other crucial information like.. where exactly you stay, where your husband studied, where your husband works and how much he earns etc.

However it is better to apply again after significant changes in the current situation (ex:approval of your husband's H1).

Also it is very important to have a stable job/business and good salary/income in order to qualify for the B visa.

Good foreign travel history is also helpful sometimes.

By the way who was sponsoring the trip last time?

This is my opinion, not a legal advice.

[soniar]

As per the law, every applicant is considered as a potential immigrant and it is his/her duty to prove/demonstrate that they don't have any intension to immigrate to USA and will surely return to the home country after a short stay in the USA.

By the way who was sponsoring the trip last time?

If you mean who would have paid for their trip if they got visa and came to USA, they would take care of expenses coming here, such as air travel. Once here, their everyday expenses would be taken care by us (my husband's income). Additionally, they would have brought some cash with them too.