Visitor Visa rejected - Only child

[nvrajareddy]

Hi,

I'm the only son to my parents which was causing me to worry about their Visitor Visa. But my father was a State Govt Employee in AP Govt. which was an advantage. But still they had no Luck in getting Visitor Visa. This is our 1st attempt at Chennai consulate (Mar'06 - Telugu appointment). I'm in my 6th year of H1 Visa which expires in July'2006. I can get extenstions as my I-140 got approved. But right now my H1 has only 3 months validity left. So I don't know which could have triggered the officer to reject my parents case under 214B.

FYI... I sent fool proof documentation...everything that I could... according to immihelp list...25K bank balance, 25K property here in US, 110K salary proof, continuous paystubs for the 3 years, IT returns, My father's employment/salary details, NOC, Leave sanctioned letter for 6 months, Property assessment by CA for Rs.75 lakhs and Bank balance etc.

Consular Officer asked my father, only to give the documents sent from America... So my father initially handed over only the docs pertaining to me. He was holding his employment docs, property details etc...

Here are the questions that Consular Officer asked my parents while looking into my docs:

Consular Officer: For how long your son was there in US?
My father: for the last 5 years
CO: When did he visit India last time?
My father: 4 years ago
CO: By showing my the photo in my passport xerox, is he your son?
My father: Yes
CO: How much money does your son send to India?
My father: $2000 per month
CO: How many children do you have?
My father: One son
CO: whom do you have here in India?
My father: I have two brothers....

CO: You Visa is rejected....According to US rules, you can't be given a Visitor Visa...

My father tried to convince them stating that he is a Govt. Employee and took vacation and NOC etc. But no use.

Can you please explain what could be issue in my case? Is there any alternative for me now? I was planning to invite my parents to US in Summer. But now the earliest available appointments are only in Aug'06 with Chennai Consulate. Is there any way to get appointment with Delhi/Calcutta Consulates? What additional care can I take?

I appreciate your suggestions...

Thanks and Regards,
Raja

[taco]

From the text of interview provided by you, it seems it was a case of your
parents' lack of ties to India than your reaching end of 6th year on H-1.

Consulars commonly assess ties by indirect and tricky questions;

"how much money does your son send you?" is a tricky question posed
by the consular to assess independent financial strength of your parents
in India. Since you send a good sum of $2k/month the consular assessed
that the parents are largely dependent on you.

Secondly, your parents do not have real family ties to India either, you being the only son and parents' brothers are not considered compelling family
ties.

So the consular deduced that they had potential to stay back with you in US
so the visa was denied.

I suggest only one of your parents reapply when your H-1 extension is approved.That way, one parent acts as a strong family tie for the other in India.When asked why the other parent is not reapplying , the answer can be real business/family commitments in India.

A lot depends on the consular and the sequence of questions asked.
Hope for better luck next time.

Hi,

I'm the only son to my parents which was causing me to worry about their Visitor Visa. But my father was a State Govt Employee in AP Govt. which was an advantage. But still they had no Luck in getting Visitor Visa. This is our 1st attempt at Chennai consulate (Mar'06 - Telugu appointment). I'm in my 6th year of H1 Visa which expires in July'2006. I can get extenstions as my I-140 got approved. But right now my H1 has only 3 months validity left. So I don't know which could have triggered the officer to reject my parents case under 214B.

FYI... I sent fool proof documentation...everything that I could... according to immihelp list...25K bank balance, 25K property here in US, 110K salary proof, continuous paystubs for the 3 years, IT returns, My father's employment/salary details, NOC, Leave sanctioned letter for 6 months, Property assessment by CA for Rs.75 lakhs and Bank balance etc.

Consular Officer asked my father, only to give the documents sent from America... So my father initially handed over only the docs pertaining to me. He was holding his employment docs, property details etc...

Here are the questions that Consular Officer asked my parents while looking into my docs:

Consular Officer: For how long your son was there in US?
My father: for the last 5 years
CO: When did he visit India last time?
My father: 4 years ago
CO: By showing my the photo in my passport xerox, is he your son?
My father: Yes
CO: How much money does your son send to India?
My father: $2000 per month
CO: How many children do you have?
My father: One son
CO: whom do you have here in India?
My father: I have two brothers....

CO: You Visa is rejected....According to US rules, you can't be given a Visitor Visa...

My father tried to convince them stating that he is a Govt. Employee and took vacation and NOC etc. But no use.

Can you please explain what could be issue in my case? Is there any alternative for me now? I was planning to invite my parents to US in Summer. But now the earliest available appointments are only in Aug'06 with Chennai Consulate. Is there any way to get appointment with Delhi/Calcutta Consulates? What additional care can I take?

I appreciate your suggestions...

Thanks and Regards,
Raja

[HurricaneBay]

nvrajareddy,

Agree with taco 100%. You say that your father "was a State Govt Employee". So is he retired now? This plus you supporting them montly could have triggered the rejection. Even parent's parents (your grandparents) doesn't seem to work as ties, let alone brothers and sisters. While you might get emotional try to apply immediately, just wait and see if you can put forward a more compelling case.

I am in the same boat as you - only child and father retired. Result - twice rejected.

[kiransalu]

My opinion

My parents attended on March 8th and got their visa. Only five questions they asked my father. Not a single question to my mother. You know what my father has only one property on his name which is worth 2.5 Lakhs. All other properties are in my name. We prepared affidavit for only 3.5 Lakhs.
Below answers would help you

1) Does you son send money to you.
Yes. Very occasionally.. During festivals.
2) Ask visa only for 2 months or 1 month.
(Note: Initially i put 6 months in all the document. Then two weeks before the interview, I changed all the document reflecting 2 months including precise date)
3) Other drawback is you didn't visit india in the last 4 years. That could be one of the reason.

Good Luck

[silo]

2) Ask visa only for 2 months or 1 month.
(Note: Initially i put 6 months in all the document. Then two weeks before the interview, I changed all the document reflecting 2 months including precise date)
Good Luck

Hi Kiransalu -

for how many months did they grant your parents VISA? 2 months or 1 month? And is that multiple entry 10 years?

silo

[nvrajareddy]

Thanks everybody...

Taco, yes it's a good analysis...that could have triggered the officer to reject visa...I prepared my father for lot of questions that I have seen in immihelp website. I didn't think of a question like 'How much money does your son send?'. I used to send lot of money for investments back in India..So my father suddenly told $2K per month. This was unexpected.

My father is still in service. He is a civil engineer with AP state Govt. Irrigation dept. He has two more years of service. I thought this would help.

I think, the rejections are done randomly, there is nothing wrong in giving a try again at the next earliest appointment. As luck is the factor that plays more here.

BTW, is there anyway to get Visitor visa appointments in Delhi/Calcutta?

Thanks,
Raja