Application for B2 visa with immigration applied couple years ago...

[rainylemony]

MY parents are separated and my mom had her immigration applied a couple years ago by her sister. I am on H4 and my sister is also in the US and is on F1. My mom's first visa app got rejected a year ago with financial/socio economic status being listed as reasons for rejection. (My mom is a teacher and the VO didnt know that she was separated).
My mom wants to apply again and this time round, I would like to know what are the right steps to take in order to recieve approval for the visa.

1. My dad has a business. Will his financial statements make a difference in my mom's case?

2. Will my husband's sole sponsorship work for her in this case?

3. Will a letter from some congressman sent in by my aunt (her sister who initially applied for her immi) help or make any difference?

4. Also the name with which immi was applied was maiden name and now she has a different name. But she anyways declared on the form her previous name.

Any additional comments, tips and advice would be greatly appreciated.

Thanks guys.

[txh1b]

If your mom has an immigrant visa applied earlier, B1/B2 will not get approved. What is the basis for the immigrant visa? Family?

[rainylemony]

Yeah its Family... Siblings or somethin like that... So basically you're saying there is no hope? or its against the law that if u have already applied for immigration you are not eligible for B2 visa?

[txh1b]

It is against the law to lie on a visa application which could lead to permanent ban. They have to mention the pending immigrant petition on the visa form.

[rainylemony]

Hello txh1b.

Forgot to mention that she never lied on her first application. She mentioned that she had a previous name with which her immigration has been applied and now her name has been changed. Also her passport states that she had a previous name as well.

So yeah The VO knew that immigration has already been applied and in process. What I want to know now is,

1`If its legal for her to get a B2 visa with an immigration in process? IF not are there any exceptions to this rule? and if so what are those exceptions?

[txh1b]

No exceptions. It is a wasted effort even to try for a visitor visa while an immigrant petition is pending as it will be rejected/denied by all means. The very basis of a visitor/student visa requires a non-immigrant intent and having an immigrant petition clearly proves otherwise.

I did not mean to say you lied in your previous application. I was just mentioning that as a matter of fact.