Mom's B2 visa rejected - Mumbai Consulate

[makeawish]

My mom's B2 visa was rejected on 29 March- Mumbai consulate - Marathi Language

I am her younger daughter.Living in USA since last 2 years.Have H1B valid visa.And I had sponsored for her trip.
She had applied for 1month tourist visa(B2).
Questions asked -
1)Where are you going? Pittsburgh, PA
2)Why are you going? tourism and visit my younger daughter
3)Who lives in USA? younger daughter
4)How many children do you have? 2 daughters
5)What does your daughter,Son-in-law in India do? How many grand children do you have?Where do they live?
6)Are you travelling alone? Yes
Most question were asked from the DS-160 form. And she answered them all correctly.

VO then checked all my documents and then my mom's property documents, bank passbook, FD's,family photo's etc. And said "Sorry your documents don't prove that you have strong ties in India".
My mom is a widow. She has her own property, sufficient FD's and bank balance + she has her elder daughter and family in India.
My questions -
1)If we have to reapply what else we need to prove to show strong tries? Is having daughter and family in India, bank balance,property etc .. not sufficient enough?
2)To reapply its said that apply only if her circumstances have changed. In our case nothing is going to change. How safe is it to reapply?
3)Was she denied because she is a Widow?If true,they should make it clear while filling the DS-160 form itself.
4)The new format of 214b rejection letter is so generic that we do not understand why exactly her application was rejected. If we are paying so much fees don't we deserve to know exact reason for denial?

I feel getting B2 visa in India is totally a LOTTERY system now.

Appreciate your response.

Thanks!

[peace999]

You are correct. It is not a uniformly fair system for visitor visas.

About widows;
there is nothing in the law that prohibits widows from getting visas but they are usually denied on the basis of lack of spousal ties. Many widows have succeeded on subsequent attempts by showing some kind of vocational or family, propery ties but it is a matter of luck and officer's discretion.

THere is nothing "UNSAFE" about reapplying. At the worst, she will get another denial.

What is the source of her income? Can she show strong family income of her own
and show self-funding instead of your sponsorship?
Can she show some ties like a part time home run workshop/business?

[makeawish]

Thank you peace999 for the reply.

What is the source of her income? Can she show strong family income of her own
- She gets monthly interest from FD deposits, Post savings and rent. She stays in the house where she is sole owner. All these proofs were seen by VO during her interview. Also, she has always been a housewife.

and show self-funding instead of your sponsorship?
- Since she has never been earning by her own and does not receive any pension, should'nt this raise the point that how can she self sponsor? Please clearify.

Can she show some ties like a part time home run workshop/business?
- No

Thanks!

[peace999]

That is what I meant to ask;
if she has strong regular income from some source , she could show self financing.
Since she doesn't , so she can't show self financing.

Just an idea, may or may not work;
Your sis in India could plan a vacation to the US to visit you and your mother could apply with her. Is your sis working or a homemaker ? Does she have any children? Does the sister's family have strong income to fund the trip?

[rdeepakr]

Sorry about this visa rejection. The possible explanation to why a rejection notice does not explictly specify the reason is that it gives room for some applicants, with malafide intent, to intentionally "change" the circumstance to get the visa.

Now, let's come back to your situation. While I share the emotional issue with you, let me try to help you assuming that the visa officer had a valid point in his mind.

Is your mother living alone in her house in India and your elder sister/son-in-law living separately (even if close by)? Judging by the questions the visa officer asked, it looks like he was okay until Q4 but Q5 spoiled the show.

The suggestion below is based on my understanding that they are staying separately. If this is not correct, do not read further.

Explanation - My strong suspicion is that, if your elder sister & family are not living with your mother together in the same house, the visa officer felt there may be some issue why they are not living together, especially given your mother does not have your father to support anymore. It may not be the case at all but that is a good reason for the visa officer to believe your mother is a potential immigrant.

Suggestion - Can you wait for a few months (3 or 4), see if your elder sister & family can move in with your mother now and then reapply? You will need to have a genuine reason to explain why they were staying separately and then have moved in now, else the risk of rejection again.

Good luck regardless of what you do.

[rdeepakr]

Another point - Not sure why the application said "1 month" as travel duration. It does not sound true but not sure if it did play any part at all. When reapplying, consider changing to 4-5 months.

[makeawish]

peace999
- My sis is working and she has 2 kids going to school. Also, sis's family can show strong income to fund the trip.
I am worried this change in sponsorship(from me to my sister) should not raise a point that Mom is trying to find ways to come after initial rejection?
But, its worth a try!

Thanks!

[makeawish]

Thankyou rdeepakr for the reply.

Yes, my mom stays alone in her flat [Its a family apartment occupied with all our close relatives]. And my sis and in-laws stay in a different city.
I understand what you are saying but how can this be an issue? Our Indian culture does not support this fact, where married girl and her family stays back with her Mom/parents. {maybe exception in some rare cases}
Appreciate your suggestions.But moving my sister's family(jobs,schools etc) for the sake of getting visa does not seem appropriate.
Also, my mom cannot stay for more than a month since she has property+other monthly savings to take care off [All these proof were shared with VO during the interview and also verberally].

[peace999]

To avoid what you mentioned, give it several months. Your sis will anyway have to wait for her kids' vacation . I guess it will come to winter vacation or next summer this time.

[makeawish]

rdeepakr -
"The possible explanation to why a rejection notice does not explictly specify the reason is that it gives room for some applicants, with malafide intent, to intentionally "change" the circumstance to get the visa."

I don't agree with what you have mentioned above. This system should be transparent. We pay fees for it and we have rights to know reason for rejection.

Even if we make any intentional change in the circumstances, do you think VO will NOT know it?

Also, a sample 214g rejection letter on immihelp itself has rejection reasons which VO marks after interview. Which means these generic 214g letter of rejection have started recently.

Thanks!

[Cthalayasingam]

makeawish did your mom ultimately get her visa?