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  • visitor visa for parents/in-laws

    HI,

    I have a unique situation. My parents and in-laws visa has been rejected
    twice (four in total) from Mumbai embassy in last six months.
    For my parents and in-laws, the reason for rejection was 214(b) for the first time (which is acceptable standard if you are unlucky !)

    I entered USA on J-1 and had two year residency rule stamped on my passport. But I got advisory opinion from Department of State mentioning that I don't require waiver (because of my field of study) and on the basis of that letter I got my H-1B status last october.
    Unfortunately, the record has not been updated in Mumbai embassy
    because I had only 2 years of J-1 visa which has already expired and I made two trips before the expiry.

    For second time visa (for my parents), it was mention that I have violated two year rule associated with j-1 visa. Also it was against law for j-2 to work!!
    (my wife had valid EAD from INS/BCIS).

    And finally for my in-laws, we sent our son hospitlization
    discharge reports and doctor reports so that they can visit for a month (because both of them are working) and still no luck!!!

    Anyway, we all have lost hope because I am sure that my not obtaining
    waiver through routine process (which might have updated record
    at embassy) and/or not having H-1B visa stamp on the passport is making
    impossible for my parents and in-laws to get visa.

    Does anybody knows how to get around this situation? and or know
    of any lawyer in India or USA who can tackle such cases!!

    Please note that I had sent all documents posted on Immihelp and other websites!!

    thanks for your time .
    Sanjay

  • #2
    You should first get whatever they are asking for: proof that you got waiver and did not violate anything.

    Lawyer in US can advice what to do, but can't represent you in consulate. Lawyer in India can't do anything.

    If you are on H1 now, get that stamped first.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

    Comment


    • #3
      Thanks for your reply,

      My in-laws showed the advisory opinion letter (from department of state) to the consular officer(the absent
      of this letter may be the cause of rejection for my parents case)
      and after looking at that he told that okay so he got waiver and then changed his status to
      H-1B.
      But now he told my in-laws that her daughter salary is not sufficient to support (though both of us had sent the affidavit of support).

      spanchal

      Comment


      • #4
        Is H-1 stamp absolutely necessary to get things clear?

        spanchal

        Comment


        • #5
          Then only you sponsor, if your salary is enough.
          Immihelp Support
          No legal advice. Use at your own risk.

          Visa and Greencard Tracker

          Visitor Medical Insurance for your visiting relatives.

          Comment


          • #6
            We both had sponsored and we know the cases in our work place where
            only one person sponsored and his salary was lowere than mine, but still
            visa was granted.
            So in the end it depends on the whims and fancy of the officer.

            thanks for your reply
            spanchal

            Comment


            • #7
              Then you only sponsor.
              Immihelp Support
              No legal advice. Use at your own risk.

              Visa and Greencard Tracker

              Visitor Medical Insurance for your visiting relatives.

              Comment


              • #8
                I think it is our bad luck fourt time in a row!!!

                Comment

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