B1/B2 Rejected 2nd time, 1st time was approved

[Desigal24]

Hello,
My Mom's Tourist visa was approved and granted for a year in 2006, she visited me for 5 months and went back in time. She applied again on 02/10/2009, and this time was denied under 214(b). Its so very confusing.
She and my Dad, own a restaurant in partnership with her brother-in-law( my dad's brother) and has a yonger daughter going to college in India itself. I had sponsered her petition. Me and hubby are on EAD and working since past 5 years.


She was asked why hasnt my Dad applied for the visa, and she replied that, because of the business he cannot come at this time, plus he also has to be here for my yonger daughter.
For that the VO said you will leave your husband for 3 months and go? and rejected her Visa.

She had all the documents proving her financial ties and was also carrying my sisters college ID card as a proff, but not a single document was asked for and petition was denied.

I would really like her to visit me this summer, how soon can i apply ? Also, the circumstanses are not going to change the next time around as my Dad cannot leave his business and come...so i am worried if they might reject again. (I thought her husband and unmarried yonger daughter in India is strong proff enough for her to return back??)

In addition, She had already got the visa first time around and by returning back to India in time after he visit here she has already proven that she doesnot have any intentions of settling down here, im confused as to why would they reject this time and what could i do to help her get the visa the next time.

Please advice.
Appreciate your help.
Thanks!!
Gayatri.

[txh1b]

Did she come alone the previous time? She should have mentioned it if so when asked that she did the same in her previous visit.

She can try again and hope that the VO will pay attention to the fact that she returned on time in her earlier visit.

[orion]

Length of stay (5 months) in the first visit may be one of the factor. When a visitor visa is granted for lesser than the usual 10 years, it means that consulate is not sure of granting a full term visitior visa but is giving you a chance to prove how you are going to use it if granted. A stay of 5 months in a year was not good for your case I believe. You sure can try again .

[Desigal24]

yeah, she came alone the first time too.. The VO had asked her if she has been to US before and for how long, so the VO knew she has done this once before.
i dint realize 5 mnths period stay at that time was not a good idea, nevertheless i cant change that fact now. so this time her application said intended stay this time 3 mnths... but still they rejected.