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Mezzacalc

Visa for mother denied

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Hello Everybody!

Here is my case:

I became a permanent resident last December. I have been in the USA for almost 5 years (F1 visa -> OPT -> pending I-485 -> Green Card). For all these years mom visited me 5 times, staying for several months per each visit. She already had two US visas before (all tourist visas). Shen never overstayed, always left on time.

This time she was denied as they said "due to insufficient ties with her homeland" (not enough proof that she will return back from the USA). We think the fact that I got a green card in December and she applied soon after, in February, could have been another factor. I am her only child. She lives in Moscow, Russia.

She has a job in Russia, a family, her parents, my grandparents, which she has to take care of, how else can we prove she will return to Russia? Her application information was identical to the previous ones (which were successful).

Please advise on:

1. What is your opinion, what was the mistake we made?

2. What's the possible solution?

a. gathering more evidence of her non-immigrant intentions

b. writing an invitation letter to her (from son to mother), which I didn't need before

c. contacting the USCIS officials directly by phone, writing a letter to senators/congressmen

d. a different approach you can suggest

3. How soon should we reapply for a new visa?

Feel free to ask questions for a better understanding of the situation.

She's 48, never involved in illegal activities, as well as me.

Thank you.

Mezzacalc

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Tourist Visas, from Bringing Family Members of Permanent Residents to America~~

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In line for Oath 06/20/14

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Filed: K-1 Visa Country: England
Timeline

So you have lived in the USA, for less than 60 months, and in that time your mother has spent 35 months with you? I'm not suprised that they don't believe she has sufficient ties seeing as she was practically living in the USA, anyway.

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Filed: K-1 Visa Country: Wales
Timeline

Several months a year for 5 years, so probably not 35, maybe 15.

My first thought was that with all those responsibilities how was she able to spend so much time away?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thanks for interest.

In 2011 she had an injury, broke her leg, which made her unable to work full-time. She provided the officer with all the evidence about her medical state. She still works part-time, home-based, heavily using internet. It was a sufficient explanation for the USCIS for 2 years, now it's not. What can we change/improve?

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Filed: K-1 Visa Country: Wales
Timeline

How can she look after her parents when she is away so frequently and for so long?

How did she explain that?

They may also be thinking that she has been working in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

sounds like she has sort of an assortment of pluses and minuses...she has (according to the OP) returned each time, but a series of lengthy stays does beg the question of what real employment she might have back home, what is really occupying her time for months on end each visit....babysitting comes to mind, as does providing child care for perhaps some other family....USCIS does not issue visas, so writing to them (or calling) won't change anything, nor will any letter from any congressman/senator...they cannot order the VO to grant a visa, nor can they 'vouch' for your mother's activities/behavior/departure during and after visiting...all she can do is reapply...but it does not sound hopeful....but, you never know.

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Hello Everybody!

Here is my case:

I became a permanent resident last December. I have been in the USA for almost 5 years (F1 visa -> OPT -> pending I-485 -> Green Card). For all these years mom visited me 5 times, staying for several months per each visit. She already had two US visas before (all tourist visas). Shen never overstayed, always left on time.

This time she was denied as they said "due to insufficient ties with her homeland" (not enough proof that she will return back from the USA). We think the fact that I got a green card in December and she applied soon after, in February, could have been another factor. I am her only child. She lives in Moscow, Russia.

She has a job in Russia, a family, her parents, my grandparents, which she has to take care of, how else can we prove she will return to Russia? Her application information was identical to the previous ones (which were successful).

Please advise on:

1. What is your opinion, what was the mistake we made?

2. What's the possible solution?

a. gathering more evidence of her non-immigrant intentions

b. writing an invitation letter to her (from son to mother), which I didn't need before

c. contacting the USCIS officials directly by phone, writing a letter to senators/congressmen

d. a different approach you can suggest

3. How soon should we reapply for a new visa?

Feel free to ask questions for a better understanding of the situation.

She's 48, never involved in illegal activities, as well as me.

Thank you.

Mezzacalc

You might want to ask her if the IO changed. My wife was interview the first time and denied and two weeks later she was interviewed by another CO and was approved. Your Mother has spent a lot of time in the US before you became a LPR and now you are a LPR, I am sure that is a factor. You might want to wait a while and try again.

Good luck,

Dave

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