Tweet
Hi all,
Yesterday my parents visitor's visa was refused a 2nd time stating that both kids are here.
1st time my brother sponsored them in Nov 2004
2nd time my husband sponsored them on Mar 28 2007
Last time when sponsored the VO didn't look at my parents property document or the letter listing their finances in India.
I was reading on the Delhi US Embassy website about refusals and it says
Ref: <http://newdelhi.usembassy.gov/refusals.html#niv214bden>
"Q. Who can influence the consular officer to reverse a decision?
A. Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties."
It is also advised on the consulate website that we should NOT apply unless there is a significant change in the circumstance or presenting new evidence.
So if my parents were to self-finance their trip, would that be considered "significant change"? This would also mean that the VO would look at my parents "assets" in India to evaluate whether they can afford the trip.
Someone please advise if self-sponsoring is a good option to apply 3rd time.
Thank you for all the help.
Yesterday my parents visitor's visa was refused a 2nd time stating that both kids are here.
1st time my brother sponsored them in Nov 2004
2nd time my husband sponsored them on Mar 28 2007
Last time when sponsored the VO didn't look at my parents property document or the letter listing their finances in India.
I was reading on the Delhi US Embassy website about refusals and it says
Ref: <http://newdelhi.usembassy.gov/refusals.html#niv214bden>
"Q. Who can influence the consular officer to reverse a decision?
A. Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties."
It is also advised on the consulate website that we should NOT apply unless there is a significant change in the circumstance or presenting new evidence.
So if my parents were to self-finance their trip, would that be considered "significant change"? This would also mean that the VO would look at my parents "assets" in India to evaluate whether they can afford the trip.
Someone please advise if self-sponsoring is a good option to apply 3rd time.
Thank you for all the help.
