Visitor visa for a parent whose child has a Green Card

[Vmetpally]

My mother in law's Visitor Visa was rejected for the third time today at Hyderabad. The reason given was your only child (my husband ) has a green card and she is a widow.

She showed all the proof of her property, her taxes, her pension letters. VO spoke to her for 15 minutes and saw all her documents. VO seemed to be convinced by her documents. There was everything possible that she could show that she would come back to Hyderabad was taken by her and shown to the VO. But yet Visa was not granted.

This rule is ridiculous, So if you are a widow and your only child has Green Card, Is there no way for that person to get a visitor visa?

Me and my husband do not want to get our citizenship in USA whenever we get eligible. Is there no way for her to just come here and visit us for couple of months?

Please help!!

[naeemg]

My in-laws visitors visa (B2) was refused 3 times as well

Hi,
I am sorry I do not have any solution to your problem but if it makes you feel any better, my in-laws visa got refused today for the third time. We were totally devastated by this.

We have no clue why the heck they would not grant a tourist visa to someone who is willing to come to their country and spend money. I and my wife both are currently on EAD (have applied for a GC, I-485 pending) and this is my wife's parents that I am talking about. The first 2 times they were rejected when my wife was expecting a baby and as a result we had no one on our side to help us when we really wanted. Anyways, this time the VO asked a lot of questions about myself and my wife and said that everything looks fine "BUT" your son-in-law and daughter's status does not qualify for us to grant you a visitors visa. I was shocked to hear this when my in-laws told me about it. I've seen many of my friends calling their parents to US on H1 and on EAD so I dont understand what "status" are they talking about. Are they talking about my legal residence status in US or my financial status?

I hope someone who is knowledgeable in this field reads our post and responds to it with some insight as to what could have went wrong in their interview. I am guessing that whoever was the VO the first 2 times must have put a rejection reason strong enuf for them to not override it and grant them a visa.

Please someone respond to this post if you have some feedback

Thanks in advance

NG

[Vmetpally]

Any body with suggestions on what to do next?

@Immi help experts?

[Vmetpally]

Naaemg,

These rules are ridiculous. Someone willing to spend money in this country as Tourist is not allowed here. I am sorry to hear that even you are facing the same issue.

[mickey_mouse]

This rule is ridiculous, So if you are a widow and your only child has Green Card, Is there no way for that person to get a visitor visa?

Me and my husband do not want to get our citizenship in USA whenever we get eligible. Is there no way for her to just come here and visit us for couple of months?

Please help!!

No, it doesn't work that way.

Generically speaking, *anyone* applying for a non-immigrant visa to the US has to overcome the presumption that their intent is to stay in the US. Generically speaking because some visa types/categories (H1B, L1) allow for "dual intent" - staying for a specified amount of time and returning to their home country, but also with the possibility to apply for LPR status.

Sadly, the burden of proof is on the person applying for a non-immigrant visa - demonstrating to the VO they have strong ties to their home country, enough for them to go back. Which in this case, is kind of hard to demonstrate - a mother's only child is an LPR in the US, the mother is a window . . . the deck is stacked *against* the person applying - even if they have property and such - property can be sold.

Let's look at it another way - a mother with five sons and daughters, a husband, X amount of grandsons. One of her sons is in the US as a LPR - the others are in India or in other countries. She's applying to a tourist visa by herself - w/o the husband. In this case, it is "easier" to see that the intent to stay in the US may be low to non-existent - this person has a whole family back home, including a husband, to which we would assume it would prefer not to lose touch with.

And you have to understand that the VO prefers to err on the side of caution - there is no negative impact to a VO for denying a visa.

Sadly, I don't see any easy way for your MIL to overcome this presumption any time soon . . .

[Vmetpally]

Thank you Mickey_mouse for your comment on my thread. But isnt there a way where she can get a visa for a very short time may be a month or so?

Can they make sure that she leaves the country before the stipulated time? We are ready to show any evidence that she is sure to leave the country before the stipulated time..

Also, Just because she is in that situation does mean there are no genuine people.

[mickey_mouse]

Can she get married again ?

I completely agree that the facts of the case don't preclude your MIL coming for a visit and leaving - but again, if you look at the facts from the VO point of view, there *is* the chance she may not go back - hence, err on the side of caution and do NOT approve the visa.

And there's no way you can provide any assurance she would - no posting a bond, no putting a property in escrow, etc - there are no provisos for that in the process.

The only alternative I see is for your MIL to keep applying - she may be luckier next time, or the time after that.

[Vmetpally]

Thank you mickey_mouse for your advice.

[vvasanth]

Can she get married again ?

I completely agree that the facts of the case don't preclude your MIL coming for a visit and leaving - but again, if you look at the facts from the VO point of view, there *is* the chance she may not go back - hence, err on the side of caution and do NOT approve the visa.

And there's no way you can provide any assurance she would - no posting a bond, no putting a property in escrow, etc - there are no provisos for that in the process.

The only alternative I see is for your MIL to keep applying - she may be luckier next time, or the time after that.

Hi,

I understand your frustration. As Mickey suggests, pls ask your mother-in-law to apply again. One of my cousins - who is a green card holder - mom also went - a widow - went thru similar situation. After a couple of unsuccessful attempts, they got frustrated. After a gap of 1 year, they tried again and were lucky to get visa. So your mother-in-law also may be successful next time.

Best regards,
VV

[Vmetpally]

Thank you Vvasanth for your advice. Yes, We shall try again after a gap of one year.