Visitor visa denied

[Annabe]

Hi,

My mother wants to visit me and stay with me for two months.
She had applied for a Visa in 2004 and was denied. At that time, I did not follow up as to why she was denied. I believe the passport reads as "Applied on April 2004".

Years later, she again applied on March 2012, (this year). She was rejected on the grounds that she could become a possible immigrant.

The belief is that since my brothers are all abroad, they suspect my mother might chose to become a US immigrant. This is what the conclusion is.
One of my brothers is posted to a country in Europe on a contract, temporarily; one sibling lives in Africa temporarily as well, works for a private company; and last of the siblings lives in Mumbai permanently. I am a US citizen. My siblings staying in Europe and Africa will return to their homes in NewDelhi. One of my brothers is a Govt. of India employee.

First could you tell me if the fact that two of my siblings are abroad could be a likely reason why my mother was denied a visitor visa?

Could you also please tell me what documents myself, my parents and siblings need to produce to convince the authorities that my mother has no interests, financial or social to immigrate to the US?

Thank you, kindly.
Annabe

[peace999]

You are right ,one of the reasons was her children being abroad. But she does have one child in mumbai. Is he/she living with her?
And what about your dad? Why did he not apply with your mother?

the most important reason is you being a US citizen.
Parents of USCs are automatically presumed to be potential immigrants ( flawed law).
This is because, they are immediate relatives for immigrant visa purposes.
And can easily get a visitor status converted to a Green card on the basis of your I-130 petition without any wait for visa numbers.

[Annabe]

Thank you - following up with more questions

Thank you Peace999 for responding.

No my brother who is in Mumbai is not living with my parents.
Both my parents live together in my hometown in Andhra Pradesh. They have ancestral property that they manage.
My Dad who was a central govt employee, had applied for US and European Visa for possible govt. sponsored foreign travel. This was perhaps 20 years back. He was sent to London only, and not to the US. My Dad is now retired from his post. As of now, my Dad continues to have a Valid US Visa.
At that time, there was no need for my mother to apply. Since there was no one abroad, not even myself, it did not occur that a foreign visa was a good thing to have, in the event a future need arose, as in now.

Another relevant piece of info is that my parents want to visit my brother in Brussels, then visit me in the US and return back, the whole travel itenerary is for a period of four months. Both of them obtained European Visas for 7 months(May 2012 to November 2012), in the month of Feb 2012. The tickets for the entire journey starting May thru August have been purchased.

Now, if my mother does not get a visitor visa, on the grounds that she could potentially become an immigrant, then must I file for a family visa?
What other alternative do I have? A flawed policy forces me to do what is legally correct, but just what is against US's best interests.

Two questions :
My parents do not intend to live any where other than their hometown in AP, India. What do we do to convince the immigration officials of that.

If all else fails, I would like to try for family visa. How will the rejection for Visitor visa play out in the process for obtaining family visa.

Once again appreciate your communications on this forum.
Are you an immigration lawyer? Can you recommend one in the tristate PA/NY/NJ/ area?

Thanks
Annabe

You are right ,one of the reasons was her children being abroad. But she does have one child in mumbai. Is he/she living with her?
And what about your dad? Why did he not apply with your mother?

the most important reason is you being a US citizen.
Parents of USCs are automatically presumed to be potential immigrants ( flawed law).
This is because, they are immediate relatives for immigrant visa purposes.
And can easily get a visitor status converted to a Green card on the basis of your I-130 petition without any wait for visa numbers.

[peace999]

Other than a visitor visa, the only option is you filing an I-130 for your parents for a family based
immigrant visa. It will take about a year from the day you file. Actually , it is not a bad option, if they are willing to
spend half a year in US every year.( required to maintain green card).

A visitor visa denial does not in any way affect the family based immigrant visa.

A lot of parents , who do not wish to immigrate , face the same problem as yours.
Some have succeeded in getting a visitor visa on repeated attempts but I think it all depends on the officer . For your mother, there is no harm in trying one more time. She can stress on that fact that she does not want to immigrate. If she can show strong family income and spending her own money to visit US , she may improve her chances.

I am not a lawyer, but I can suggest you some. The problem is this forum does not allow posting of lawyer's names /websites. It deletes them. You will have to message me your email
for that.

Usually lawyers can't do much for a visitor visa. Because, visitor visa decisions are highly discretionary in nature and they can only guide you on how to present your application.

[Annabe]

Last questions

Hi Peace999. Thanks.

How long should my Mom wait before she applies for a visitor visa again?
And....what concrete facts should she present to the immmigration officials in order to prove that she does not intend to reside in the US.

Annabe