Discussion:
When my mom went for her Visa, the VO said that she is not able to issue my mom a visa at that point of time and handed my mom a sheet of paper talking about Section 214-b.
1) Is a verbal rejection same as a stamped rejection on the passport.
2) When I refile for my mom's visa what should I mention in the DS-156 form??? Should I say she was rejected????
Answer:
Originally Posted by vishalogy When my mom went for her Visa, the VO said that she is not able to issue my mom a visa at that point of time and handed my mom a sheet of paper talking about Section 214-b.
1) Is a verbal rejection same as a stamped rejection on the passport.
2) When I refile for my mom's visa what should I mention in the DS-156 form??? Should I say she was rejected????
The consulate DOES NOT stamp a rejection on the passport. But when you enter the consulate for an interview the consulate does usually put a stamp in the remarks page in the passport indicating that you were in the consulate that particular day for interview and that your passport was received. And so when you go for a second interview, they usually check that page to see if the person has been to the consulate and whether their passport has been received before.
Moreover, the consulate makes a note of passport numbers and names of people who come for an interview. After all, there is a very high level of security at US consulates. They do not just let people walk in and out of their offices multiple times without making a serious note of the identity of those people.
So the answer to your question is YES, you have to mention on the DS-156 application that she had applied for a visa earlier. If she does not make that clear and she is caught then she will never be able to apply for or get a visa again.
I think what you should worry about at this time is trying to strengthen your mother's application case by providing more proof of her social and economic ties to India that will help her better prove her intention to return?
And if you cannot find any more proof at this point then I personally feel that you should not reapply immediately after the first rejection. Wait for 6 months to a year and then try again.
If she reapplies immediately without being able to show any serious change in circumstances there is a chance that the consulate will think that she is desperate to come to the US at this time and that will further reduce her chances of getting a visa.
Still, if you do decide to reapply immediately and do manage to get a visa please do let us know all the details.
Answer:
Originally Posted by vishalogy When my mom went for her Visa, the VO said that she is not able to issue my mom a visa at that point of time and handed my mom a sheet of paper talking about Section 214-b.
1) Is a verbal rejection same as a stamped rejection on the passport.
2) When I refile for my mom's visa what should I mention in the DS-156 form??? Should I say she was rejected????
In your previous post u said that you don't have connections with your father due to family issues. But your mom said to the VO that he is busy with his business. Now the same question about your Dad will come up and if your mom said the other way " i don't have connections" it will be a big problem. You might have to wait for a year or so for the LIE to reduce in intensity before she applies again.
Answer:
Not necessarily BIG PROBLEMS. if she can explain why she lied or misspoke in the first instance. IMHO it looks like earlier statement was an attempt to show ties to the country when none existed.
Lesson 1: Never lie to the officer.
So if the visa was rejected earlier then mention it,
Do you really want to take a chance that you mom is suspected of fraud and is forever denied a visa.
Answer:
Originally Posted by waitin_toolong Not necessarily BIG PROBLEMS. if she can explain why she lied or misspoke in the first instance. IMHO it looks like earlier statement was an attempt to show ties to the country when none existed.
Lesson 1: Never lie to the officer.
So if the visa was rejected earlier then mention it,
Do you really want to take a chance that you mom is suspected of fraud and is forever denied a visa.
Mis-spoke is entirely different from concealing the TRUTH. If for example the VO asked what visa your son is and she said H4 instead of H1B, and the VO rejected bcos of that, then you can explain that you mis-spoke the first time and it was a MISTAKE. Most VOs would atleast buy that, bcos they don't expect OLD parents to be upto date on the Visa classifications. That's NOT the case here.
Look at the questions and answers.
VO: Why is your husband not going with you?
Mom: My husband has a peek business season during the summer and cannot afford to travel ( We did not mention that my mom and my dad are not staying together)
VO: Do you have your husband's passport?
Mom: I dont.
VO: I cannot issue you a visa today becaue your husband is not accompanying you.
Something must have triggered the VO to ask this question and deny the visa.
The Applicant willfully concealed the TRUTH in an attempt to get the Visa. The best thing the applicant can do is to wait for a year OR so and then tell the TRUTH if the question arises. If he/she applies too soon, the result will be the same..
Answer:
If something must have triggered the VO, then she must ask supplementary questions about it beyond any dbout.
Awright I agree that I lied which is a mistake. It is not even a lie in entirity. My dad is really a businessman and his peak business time is summer. My mom and dad are not divorced either. They are just not in talking terms and dont live together. My dad really does not want to come to USA. He doesnt even have a passport. How many people carry passports in India when they dont have any intention to travel abroad???
Isnt that the dumbest reason the VO gave - " I cannot issue you a visa because your husband is not accompanying you"??????????
My father really does not want to come to US. How can that disqualify my mom from visiting US???
Ridiculous....
The VO never asked my mom if she is staying with my dad or not. She only asked why my dad is not going with my mom. The only two answers I can think for that question is (a) Because he has a busy summer (b) Beacause I am not in talking terms with my husband right now. Both of them are right and valid and we can even prove on papers that my dad has a busy summer.
I just dont understand why should we delibrately bring up the topic and mention that my mom is not staying with my dad when it is not a pertinent answer to any of the questions asked by the VO????
Answer:
Originally Posted by vishalogy If something must have triggered the VO, then she must ask supplementary questions about it beyond any dbout.
Awright I agree that I lied which is a mistake. It is not even a lie in entirity. My dad is really a businessman and his peak business time is summer. My mom and dad are not divorced either. They are just not in talking terms and dont live together. My dad really does not want to come to USA. He doesnt even have a passport. How many people carry passports in India when they dont have any intention to travel abroad???
Isnt that the dumbest reason the VO gave - " I cannot issue you a visa because your husband is not accompanying you"??????????
My father really does not want to come to US. How can that disqualify my mom from visiting US???
Ridiculous....
The VO never asked my mom if she is staying with my dad or not. She only asked why my dad is not going with my mom. The only two answers I can think for that question is (a) Because he has a busy summer (b) Beacause I am not in talking terms with my husband right now. Both of them are right and valid and we can even prove on papers that my dad has a busy summer.
I just dont understand why should we delibrately bring up the topic and mention that my mom is not staying with my dad when it is not a pertinent answer to any of the questions asked by the VO????
You CANNOT justify your Mom's action and put the entire blame on the VO.
The way your Mom answered (her expressions) would have made the VO believe that she WAS NOT telling the TRUTH. So there is no need to ask any more follow up questions. VOs don't ask EXPLICITLY whether your mom is living with your Dad or not. If married it is presumed that you live together. When the question about your Dad was posed to your Mom, she could have said that "I am NOT living with him anymore and NO connections, but we are NOT yet divorced". OR the other thing she should have done is taken a letter from him saying that he cannot travel due to type of business that peaks in summer and the business reasons (X, Y, Z) and should have produced that letter as evidence. That would have turned the interview in her favor.
Well you can ask, why is this letter needed ? Well for a NIV visa, the Onus is on the applicant who has to prove to the VO that they will not abandon their foreign residence and the information provided to support THIS is TRUE to best of their knowledge.
Now coming back to your next question " I cannot issue you a visa because your husband is not accompanying you"?????????? "
Well there have been cases where one parent applies for a NIV visa using the other one as a TIE and gives all kinds of (false) reasons, gets the VISA AND then later the "so called TIE parent" applies and then both travel and APPLY for an immigration benefit. These kind of SCAMS have been going on and the ONLY way to prevent this scam is to find out WHY the other partner is NOT travelling.
Married people can travel ALONE for VISITS but they Need to have SOLID proof as to why the other one Cannot make it. When you travel on any other type of visa this becomes irrelevant.
Hope this helps.