Discussion:
Hello,
My parents got rejected 4 times under 241 (b) at the Mumbai Counsulate. My father is a Pharmacist, running his own Medical shop in Bandra since the past 38 years, with an annual income of 15-20 Lakhs p.a. Their intention was to only visit myself (I am here on H4) and my brother (he is on H1, married and settled in USA since the past 10 years) for not more than 15 days. My father has no partners in the business and he is handling everything single-handedly. They took the original documents of the shop and the other property they own in their home country, which were not even once looked upon by any Visa Officer interviewing them. Despite having a successful business they were denied a visa each time, the reason stated to them was that they have strong ties in US (myself and my brother being here) and weak ties in their home country. My father tried explaining to them that he is the sole Propreiter and he has no intention of closing down his business, which he has been running for so many years and settling with his children in USA.
The Visa Officers never paid any heed to them, and instead kept rejecting their application on the basis of the aforesaid reaons. I have re-applied for my mother alone, the 5th time. I need guidance as to in what way can I prove to them that my parents are not coming to USA for any illegitimate reason and would be here for not more than 15-20 days.
Your help and support would be highly appreciated.
Thank you,
Nikita.
Answer:
Read
Answer:
Hi,
I went through the link that you gave. We took ample evidence for the VO that my parents are not immigrant risks; that they have strong familial and professional ties and do not fit the classification of economically deprived Indians, who could reasonably be considered likely to migrate. And, that they would leave the United States at the end of their temporary stay and return to their home country. But the VO didn't bother to check/ask/demand a single documentation that would enable us to prove ourselves.
I have read in this forum that you should re-apply only if you have any reasonable changes in your case. Now, in the case of mine, what major changes can happen? My father is working, has a reasonable income and property. Tomorrow, once he retires and if I re-apply, the VO may reject it once again saying that since he is retired and has both his children there, and so he might settle in US. Again, their visa application would be rejected under the Section 214 (b). So, would they never be able to visit us?
Answer:
From now on its pure luck. VOs point of view having 2 kids in US is a major drawback. Write a letter to the VO mentioning points why yr mom/dad will come back. Ask her to hand over to the VO as soon as she gets to the window. That might help. Good Luck.
Answer:
Hi Raj,
Thank you for your reply. I had written a letter for the Visa Officer the last time my parents went for the interview. The VO are not willing to look at any documentation, viz. my father's original property papers, bank statements, et al. How far would a letter from me to the VO influence their decision?
If the US Visa system is pure luck, then how was my widowed mother-in-law granted the visa in the first attempt? My mother-in-law is a widow, and she has no reason to return to her home country. The VO cite that my parents would settle in US and not come back, why was this point not taken during my mother-in-law's interview, with my husband being the only child?
Why are the "same" rules not applied to everyone? My father being the businessman he is would wind up his entire business and settle in USA, and hence was rejected and my mother-in-law who has nothing to look forward to in her home country, was granted the visa! How unfair could they be?
Answer:
Nikee, I am not the VO :-) Its how it works in American Consulates.
Pure luck is 90% of the Job. actually till couple of years back there was no such scrutinies at the Consulates. Most of them were getting their visas. But due to misuse of Visas by certain "state people" of India they have made the rules strict. They use to come here in Tourist visas and start working in walmarts, nanys, apply for student visas, apply for H1s.. etc. So we are reeping what they sowed. So we cant help it.
Answer:
Nikee
Pl post the questions asked during all the 4 interviews. You said that they were rejected 4 times. Did they re-apply within a short duration after their rejection? How months elapsed between re-applications? Find out if there were any inconsistencies in their answers.
On why some get the visa and some don't. In a Visa interview, the VO is the judge and the applicant is the defendant. If the applicant is able to convince that he/she will return back as promised and will only engage in activities consistent with that of a visitor then they will be given visas. Secondly documents don't prove intent. The reason for a personal interview is bcos VOs want to talk to the applicant and judge the intent. The way people answer, how they answer matters. Documents are only secondary for a visitor visa.
If documents indeed conveyed the TRUE INTENT then there would'nt have been people doing COS from B-1/B-2 to other visas. No one would have done frivolous extension(s) of stay on B-2 visa.
Answer:
Dear Raj,
I wish you were the VO, and reading this! LOL! :-). I agree that there are many people who have, in the past entered the country, engaging in activities that were not permitted by Law. Why doesn't the Government catch these people by the collar and deport them back to their respective home countries, rather than victimizing millions of parents who have no hand in illegal activities even in their home country?
They say that the VO have every detail of the number of interviews you have attended, then why does the Government not have details of the millions of illegal migrants in the country? And if they do, then why is no action being taken against them?
Answer:
Dear Chennai_123,
The questions asked during the 1st interview were: (My parents and myself had applied, all together on 16th April, 2002)
VO: What do you do?
My parents: I run my own Pharmacy shop in Mumbai. My wife is a house-wife.
VO: How many children do you have?
My parents: 2. One son and one daughter.
VO: What do they do?
My parents: My son is working with xxx company and my daughter is working with xxx company in Mumbai.
VO: Is your daughter married?
My parents : NO. We want to go for a short vacation to meet our son in USA and then prepare for our daughter's wedding.
VO: Sorry, we can't give you the visa because your son is a legally staying in the USA and he can get your daughter married and settle her in the USA as well.
During the 2nd interview : (My parents had applied alone on 17th August, 2004)
VO: What are you doing?
My parents: I run a Pharmacy shop in Mumbai and my wife is a housewife.
VO: How much is your salary p.a?
My father : xxx amount.
VO: What is your son doing in the US?
My parents: He is working for xxx company.
VO: Why do you want to go to the US?
My parents: To visit our son and daughter-in-law.
VO: Sorry, I can't grant you a visa.
During the 3rd interview (My mother applied alone on 12th April, 2005)
VO: What does you son do?
My mother : Working for xxx company.
VO: Your son's passport has expired. Do you have the new copy of his passport?
My mother : Yes. (She handed over the copy to the Officer)
VO: Sorry, I cannot give you a visa.
During the 4th interview:
VO: You have a Pharmacy shop in Mumbai, is it?
My father : Yes
VO: How much is your annual income?
My father: xxx amount
VO: For how many days do you want to go to the US?
My father : Only 15 days. Because I cannot leave the day-to-day handling of the shop to my staff for a very long time.
VO: Only 15 days! (With a raised eyebrow).
VO : How many children do you have?
My father: One son, working with xxx company in New York and one daughter, recently married in Dec and has re-located to California.
VO: Sorry, we cannot issue you a visa because you have very strong ties in the US and weak ties in your home country. Morever, we don't feel you would come back in 15 days.
Sir, I agree that the reason behind a personal interview is to check your credibility, which documents cannot prove. In what other way can my parents prove to them that they would come back? The people who get the visa, what guarantee do they give? In which way do they convince the VO that they would come back?
Take for eg, my mother-in-law's case, she never gave any guarantee of returing back to India? Infact, she has no reason to? And, still she was granted.
Are we trying to say that the US Government has no problem if my mother-in-law settles down in USA vis-a-vi my parents, which they anyways never intended to?
Answer:
Haven't heard from anyone in the forum.
Can no one address my issues?