My mom just had her visa denied

[cheep-cheep 0]

I'm a green card holder and has been living in the united state since 2009, and my husband is a US citizen. Me and my husband works full time and making 3x the poverty guidelines. I just gave birth with our first Baby a month ago and currently on maternity leave. My husband and I invited my mom here in the US we spent months (and a little fortune) gathering documentation to apply for my mom's visa so she could come visit me and her first grandson. My mom works at the hospital as a house keeping supervisor. Yesterday my mom went to the US Embassy to have her visa interview and the visa was denied. I'll skip the whole "hours of standing in line outside under the sun" thing and go straight to the point: The interview didn't last 5 minutes.

The Consular Agent started asking the reason for her trip and she said "I want to be there to see my daughter and my grandson". Then she asked what else, my mom then added "to see the US'' then she was silent reading her computer screen for a long while. She then asked "for how long has your daughter been there?" my mom says "5 years". The she asked where does she works, how many children. Then the Consular Agent said I cant give you your visa right now just wait for your petition in a few months. My mom started crying and said "I have a letter from my son in law and my daughter here that might explain" but she didn't even bother to look at the letter or documents we sent her. Then my mom asked why she just said " just wait for your petition" then she just said next. My Mom was sobbing as we talked on the phone. I've been through this process and know exactly how humiliating it can be even though my visas were never denies. It was terrible hearing her crying through the phone and not being able to hold her tight.

Any idea why her visa got denied? I feel its not fair and the consular agent didn't even give my mom a chance, she didn't even bother to look at the documents she has.

[Hypnos 6,576]

What petition was the consular officer talking about?

[collnin4412 0]

Tourist visa is 50-50 chance, maybe you can petition your mom once you got your citizenship?

[hopefulls 8]

According to the US embassy if one is planning to migrate and is in petitioning process he/she is no longer eligible for a temporary visa as they think he/she is trying to cheat the system by living in the US on a visiting visa. With that said, persons who have a valid visitor visa while petitioning at times denied entry into the US by the IO due to the same belief

"Often the immigration petition process can take years, and officers understand that you are following the rules and regulations for immigrating to the US, but still want to visit family while the process is ongoing. Every case is unique, and you will need to explain your personal circumstances to the consular officer during your interview. We encourage individuals who have pending immigrant visa applications to be forthcoming about their pending petition, their reasons for wanting to make short trips to the US while they are waiting, and the ways that they remain connected to (his/her country ) at this time.

These connections can be through one's employment, family, church, or other social groups. The consular officers make decisions based on their level of confidence in the applicant, the information provided, and the stated travel plans. With an active immigrant petition in the system, you need to show the officer that you do not plan to immigrate at this time, and will return to (his/her country) after a temporary visit to your family in the US. Ultimately, the decision to issue any visa is based on the level of confidence that the interviewing officer has in the applicant in regard to their purpose of travel and intent to return home after"

Quote was taken for Jamaica US embassy regarding same case as your mom

[cheep-cheep 0]

What petition was the consular officer talking about?

I am not a citizen yet so I cannot petition my mom. She just want to visit me and my son. we applied for DS 160

[jkelly07 120]

so sorry for you and your mom-,the io officer looks at the file before your mom came to the window he already has his answer they won't look at any thing else you have a petition pending for your mom already could be one of the reasons,

[Hypnos 6,576]

From what you had said it seemed like your mother had some other petition for her outstanding, and that was the cause of the denial.

If you want your mother to come over it sounds like you will have to sponsor her for an immigrant visa once you become a US citizen. It's notoriously hard to obtain a tourist visa from third world countries such as the Philippines.

[Harsh_77 718]

Its kinda weird you do not have any petition and yet CO said there was a petition in her name.

[HollyGolightly 72]

The interview is a mere formality. You are evaluated based on your application the moment you submit it and you get the interview so they can deny or approve you to your face. That is why the interview is so short. I know of people with legitimate jobs, investments, bank deposites and statements to prove that they have better lives in the Philippines that apply for US visas and still get denied. That is just how it is. If you get denied, all you can do is reapply and hope that you'll get approved the next time.

[cheep-cheep 0]

Its kinda weird you do not have any petition and yet CO said there was a petition in her name.

Exactly! I did not file any petition for my mom because I am just a green card holder. the DS 160 is the first. I don't know why the Consular Agent said that " just wait for her petition" when I did not apply for petition yet. I can apply for my citizenship in January of 2014. until then I cannot petition her.

[Hypnos 6,576]

You can apply for citizenship after three years of being an LPR, if you have been married to a US citizen who was a US citizen for those entire three years.

[cheep-cheep 0]

You can apply for citizenship after three years of being an LPR, if you have been married to a US citizen who was a US citizen for those entire three years.

Yes, ill be eligible to apply next year Jan.

[Harsh_77 718]

Exactly! I did not file any petition for my mom because I am just a green card holder. the DS 160 is the first. I don't know why the Consular Agent said that " just wait for her petition" when I did not apply for petition yet. I can apply for my citizenship in January of 2014. until then I cannot petition her.

Only thing I can suggest is try again worst case you would lose the application fees.

I can tell you from my personal experience very first time I applied for B1/2 (years back) I was denied, I applied again in 15-20 days with exact same docs I had not changed a single thing and I was approved.

[apple21 953]

She was denied because she has a daughter in the US, who is qualified for US citizenship.

The CO meant that you should just petition for your mother. The CO instinctively "thinks" that you want your mom to help you take care of your baby therefore have "immigrant intent" that could lead to using the B1/B2 to "adjust status" in the US.

Very typical scenario for the Philippines.

Just looking at it from the CO's point of view.

[Boiler 45,519]

She was denied because she has a daughter in the US, who is qualified for US citizenship.

The CO meant that you should just petition for your mother. The CO instinctively "thinks" that you want your mom to help you take care of your baby therefore have "immigrant intent" that could lead to using the B1/B2 to "adjust status" in the US.

Very typical scenario for the Philippines.

Just looking at it from the CO's point of view.

With a bit of translation issues probably.

You imply she will be looking to move to the US?