Embassy/Consulate denial for a tourist Visa

[NishR 0]

Hi,

Hopefully I am posting in the right section, if not, mods are more than welcome to move this to the right area.

I am a greencard holder(Married a US Citizen). My parents applied at the US Embassy in Mauritius to be able to visit me for a period of 3 weeks here in the US. They had all the required paperwork and all evidences that is required by the embassy. They were denied. The denial letter was very vague but at the same time the officer at the embassy, pointed out that my sister and brother in law who are currently in the US, have overstayed their visa and that is the reason why my parents cannot be entitled to the receive the tourist visa.

The officer called it immigration procedures and that no matter what they do, there is no getting a visa to visit me over here. My parents want to come here to visit me and my wife. I could technically go back home and see my parents but the whole idea was to get my wife to meet my parents. My wife cannot leave the US as yet since she's in Law School and still has about 2.5 years to go. Not to mention that she also works.

I would really appreciate any legal advice or reference to a text somewhere that confirms what the US embassy told my parents why they couldn't visit the US.

Thank you for all your help.

[atk_721 0]

Sorry to hear that

Qualifying for a Visa

Applicants for visitor visas must show that they qualify under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law.

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
• That they plan to remain for a specific, limited period;
• Evidence of funds to cover expenses in the United States;
• Evidence of compelling social and economic ties abroad; and
• That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit.

Officers are really concerned about number 5.As you were here,he perhaps have thought that your parents will nt go back to their native countries.

[Sylvia_n_Joseph 3]

It seems by implication immigration has decided that your parents are a poor risk. Your sisters disrespect of immigration laws has caused your family to be flagged. I don't think there is anything you can do to change that.

[NishR 0]

My dad owns a company back home that's been around for over 30 years. My parents own a house and have a lot of family ties back home. I don't think they had any issues showing their ties back home since there was so much evidence.

I believe it's more about my sister and brother in law as as the previous poster said, my family was flagged. What would be the best way to proceed to get my parents over here? Should I petition for them or is that even not worth trying?

[Sylvia_n_Joseph 3]

A visitors visa doesn't have a sponser. It is granted on the expetation that the personn resuested it is likely to return home. Your sister has demenstrated that "your family" is untrustworthy. I am not sure there is any way to fix this. The only thing I can think of is some sort of assurance bond to guarentee they will leave but I have never heard of this being done.

[Gary and Alla 3,694]

Hi,

Hopefully I am posting in the right section, if not, mods are more than welcome to move this to the right area.

I am a greencard holder(Married a US Citizen). My parents applied at the US Embassy in Mauritius to be able to visit me for a period of 3 weeks here in the US. They had all the required paperwork and all evidences that is required by the embassy. They were denied. The denial letter was very vague but at the same time the officer at the embassy, pointed out that my sister and brother in law who are currently in the US, have overstayed their visa and that is the reason why my parents cannot be entitled to the receive the tourist visa.

The officer called it immigration procedures and that no matter what they do, there is no getting a visa to visit me over here. My parents want to come here to visit me and my wife. I could technically go back home and see my parents but the whole idea was to get my wife to meet my parents. My wife cannot leave the US as yet since she's in Law School and still has about 2.5 years to go. Not to mention that she also works.

I would really appreciate any legal advice or reference to a text somewhere that confirms what the US embassy told my parents why they couldn't visit the US.

Thank you for all your help.

They were denied because people from certain "high risk of immigration" countries get denied routinely. It is nearly impossible for many people in the world to get a tourist for the USA. There is nothing really you can do and they really do not have to give a specific reason, thoug the usual is "not sufficient ties". All this is country dependent. In my wifes country it is nearly impossible for an average person to get a tourist visa.

A lawyer will empty your pockets and still not obtain a visa

[Joe-N-Urai 0]

The system is biased against tourist visas.

In general, the folk who work the embassy have passed their foreign service exam and have been stroked to believe they are superior. It is a kick-butt hard test, they have demonstrated superiority by passing, they are representing the US, they are the frontline...etc. All that adds up to a particular outlook.

There are 3 main diplomatic corp functions: Consulate work - which these folk have to do for a time period as their initial assignment. There is fincance and policy. The last two are considered power tracks...where you want to be. Nothing says career statesman like money and power. Consulate work is not looked at so highly.

So the folk working the windows have an attitude. Their management is NOT Finance or Policy... NOT as high speed. The more aspiring initial assignment consulate workers want out.

So there is a foreign person who is not A+ tourist visa material...young...no job...no family...no property....or even B+ material.... If the tourist skips out, disappears, and does not honor the terms of the visa... this initial assignment worker has their name linked to ... " a discrepancy." So they are motivated to deny many who would honor the terms of the tourist visa.

Once you are on a "no visa list" it will be refered to in the future. And so ends many dreams to visit Disney World.

[LindsayVictor 0]

yeah, before me and victor got engaged he applied for a tourist visa to visit the states and was denied. but they deny most Hondurans because it is "high risk of immigration" country. it's really frustrating and it means a lot of his family won't be able to come to our wedding.

[NishR 0]

I think it has to do with my sister and brother in law overstaying their visas. My home country is not a high risk of immigration country. 90% of people that apply get a tourist visa. My next question is, would it help if ever my sister and brother in law were to return back to my homeland? Would my parents be able to apply for a tourist visa without fearing a denial because of my family being flagged?

The fact that my homeland being a country of high immigration risk is not valid due to the amount of visa approvals.