Bringing Mom to the US after several B1/B2 visa denials

[LonelyMom 0]

Hi everyone,

I have a question hopefully someone with great insight can help me. My mom applied for the B1/B2 visa several times in the past and was denied. I was a greencard holder then but now I'm a US citizen. I know I can petition for her to come but that would take approximately 12-18 months.

I'm really in need of her to come for a short stay and assist me with the kids. I have no other family in the US and I'm a fulltime student. What should I do in order for her to come? Do you think me being a citizen increases her chances for the B1/B2 visa this time around? The embassy she has been going to is in Nairobi - Kenya and it hasn't been easy. She is very reluctant to go there again, but I really do need her.

Thanks for any insight!

[islandbabes 12]

From my experience in Jamaica, if your mother cannot show ties to her country, the fact that you are a USC can actually count against her as the CO might think she has reasons not to return (similar issue with a friend). This is not to say she cannot try again for a visitor's visa but your being a USC does not increase the likelihood of her getting one.

Sorry and I hope it all works out for you.

[Ning 619]

Hi everyone,

I have a question hopefully someone with great insight can help me. My mom applied for the B1/B2 visa several times in the past and was denied. I was a greencard holder then but now I'm a US citizen. I know I can petition for her to come but that would take approximately 12-18 months.

I'm really in need of her to come for a short stay and assist me with the kids. I have no other family in the US and I'm a fulltime student. What should I do in order for her to come? Do you think me being a citizen increases her chances for the B1/B2 visa this time around? The embassy she has been going to is in Nairobi - Kenya and it hasn't been easy. She is very reluctant to go there again, but I really do need her.

Thanks for any insight!

You have to understand you have nothing to do with her application for a visa. Your legal status here in the USA has zero to do with her visa.

If for example she tells them she is coming to the USA to provide child care she will be denied. That is considered work which she can not do.

The only way she will ever be granted a visa is if she is able to prove beyond doubt she must return to Kenya. Indicating she has a daughter and grandchild that needs care offsets any other info.

It isnt the location of the embassy that is the problem; rather understanding the law and rules.

[LonelyMom 0]

Thanks for your input. I was a student, then greencard and now citizen. I know the rules in regards to proving sufficient ties. However, I don't understand:

Spending time with your grandchildren whom you haven't met before while on a short visit not work. It's called visiting family.

Having citizenship hurts her chances? How when she's now eligible to come for a permanent stay if I petition for her? That reasoning doesn't make sense to me. If you can live permanently why are you denied a visa for a short visit?

Finally, not all US embassies are the same. We can pretend that they're, but they aren't.

[Ning 619]

Thanks for your input. I was a student, then greencard and now citizen. I know the rules in regards to proving sufficient ties. However, I don't understand: Spending time with your grandchildren whom you haven't met before while on a short visit not work. It's called visiting family. Having citizenship hurts her chances? How when she's now eligible to come for a permanent stay if I petition for her? That reasoning doesn't make sense to me. If you can live permanently why are you denied a visa for a short visit? Finally, not all US embassies are the same. We can pretend that they're, but they aren't.

" I am really in need of her for a short stay to assist me with the kids ". That is your statement. That's not visiting family; its becoming a nanny.

If you don't want to accept the advise or info just have her apply again. Its simple to do as she must know. She has been denied several times already so she must know how the process works. Since you know the rules just explain them to her as you must have done before.

You must know the difference between a tourist visa and the other types of visas so you must know the answer to your other question about the denials. In one case she is asking for residence while in the other she is asking for a limited visit.

Of course all embassies are not the same but she may not be able to choose one so what else can she do? It isn't the address of the building that affects to outcome.

[LonelyMom 0]

So what if she assists with the kids? Does thatt make her a nanny? She is their grandmother NOT a nanny. Please keep your insensitive comment to yourself. Thank you!

[Merrytooth 5,748]

So what if she assists with the kids? Does thatt make her a nanny? She is their grandmother NOT a nanny. Please keep your insensitive comment to yourself. Thank you!

http://moldova.usembassy.gov/visitor-visa.html

In the United States Foreign nationals in the United States on B-2 status are allowed to visit family and friends and travel throughout the United States. However, as tourists, they are not allowed to engage in any skilled or unskilled labor. This means that they may not perform any sort of activity for which an American resident would be paid. This could include working at a construction site, helping out at a friend or relative's place of business, or even babysitting a relative's children. A foreign national on B-2 classification who engages in any of these activities may have a difficult time qualifying for a tourist (or any other type of visa) in the future.

[LonelyMom 0]

Happy Chic,

Thank you for your insight. My mom got a government contract and she became an employer this year. This actually makes her even more reluctant to go to the embassy to try for a B2 visa. I'm a US citizen which means I can petition for my mom to come live here permanently, but she does not want to do that due to her current commitments. What evidence will she need to prove that her stay will be temporary? How have other US citizens dealt with such a situation?

Thanks!

[TBoneTX 45,361]

Post edited by VJ Moderation as described within, and returned to thread below:

You are on a public forum so you can expect the public to respond. My comments are not intended to be insensitive. You simply don't get it and don't want to accept the reality of the situation. Just have her apply and tell them she is doing what you stated in your own post keeping in mind she has been denied twice before. You are in need of a babysitter not a grandmother by your own admission.

You may want to read what other members have said as well about this sensitive an difficult subject that angers you so much. Try Merrytooths post. last 3 words edited out by VJ Moderation.

A response to the above post has been removed because of rudeness. When posting a query for public input, do not insult members who are trying to help.

---

[Moderator hat off]

OP, this is a sensitive and frustrating situation for many, and it's hard to remain circumspect, as you have exhibited. One thing that might help is for your mother to travel to one or more other countries (neighboring or farther away) and demonstrate that she returns to her home country on schedule and as planned. The only other suggestion is for her to develop and present stronger ties than she has presented in previous visa attempts. Beyond this, you've received excellent advice in this thread, and there are no easy or magic answers. Sincere wishes for good fortune in this matter.

Edited August 15, 2014 by TBoneTX

[LonelyMom 0]

Thanks for your post. This is definitely a very painful situation for me and my family, and all I needed was understanding and advise from those who've gone through this. Sometimes proving sufficient ties can be so hard. It has reached a point where the whole family has given up.

I appreciate all the good and well meaning advise. Thank you!

[Ning 619]

Happy Chic,

Thank you for your insight. My mom got a government contract and she became an employer this year. This actually makes her even more reluctant to go to the embassy to try for a B2 visa. I'm a US citizen which means I can petition for my mom to come live here permanently, but she does not want to do that due to her current commitments. What evidence will she need to prove that her stay will be temporary? How have other US citizens dealt with such a situation?

Thanks!

She doesn't need to prove she will be here temporarily. The length of stay is determined at the POE by the officer.

Again she has to prove beyond a doubt that she MUST return to her country. Her inability to do so is exactly why she was denied in the past. If she cant make some adjustment to indicate she must return she can expect the same result. Her govt contract for example may help. You say she is an employer so she must operate some business. This could be used as proof she must return as another example.

US citizens don't have anything to do with tourist visa applications other than to provide advise. That's exactly what we are trying to do here which how we deal with B 2 visas. There is some very good advise here from other members but she will need a plan to succeed that should be void of emotion.

[LonelyMom 0]

She doesn't need to prove she will be here temporarily. The length of stay is determined at the POE by the officer.

Again she has to prove beyond a doubt that she MUST return to her country. Her inability to do so is exactly why she was denied in the past. If she cant make some adjustment to indicate she must return she can expect the same result. Her govt contract for example may help. You say she is an employer so she must operate some business. This could be used as proof she must return as another example.

US citizens don't have anything to do with tourist visa applications other than to provide advise. That's exactly what we are trying to do here which how we deal with B 2 visas. There is some very good advise here from other members but she will need a plan to succeed that should be void of emotion.

I don't think the length of stay is determined by the POE. It is determined by the consular at the embassy.

US citizens may not have anything to do with the tourist visa, but why was she asked about my status when she went for the interview? At that time I was a Greencard holder. So, it might affect the decision one way or the other whether positively or negatively. I know the burden of proof still lies on the applicant. She has to provide proof that she has sufficient ties to return to her home country. But without me here and legally, would she even have had a reason to go to the embassy asking for a visitor's visa?

Finally, I know I need more information that's why I'm writing here. I know something has to change. I needed US citizens to reply since they might know how to navigate the process on the non-immigrant and the immigrant side of things when it comes to relatives.

[Merrytooth 5,748]

The consular officer decides whether to approve or reject a tourist visa. If rejected, you cannot even board the plane to get to the POE. If accepted, you arrive to the U.S. and are in queue to the POE.

Once at the POE, the customs and border patrol (CBP) agent decides your length of stay. The CBP officer has even the right to send someone back to their home country if the CBP officer determines that the tourist will overstay. In general though, the CBP officer gives tourists 6 months and writes the date.

Are you a US citizen?

If not, you might not be qualified to give immigration advice

[LonelyMom 0]

I don't think the length of stay is determined by the POE. It is determined by the consular at the embassy.

US citizens may not have anything to do with the tourist visa, but why was she asked about my status when she went for the interview? At that time I was a Greencard holder. So, it might affect the decision one way or the other whether positively or negatively. I know the burden of proof still lies on the applicant. She has to provide proof that she has sufficient ties to return to her home country. But without me here and legally, would she even have had a reason to go to the embassy asking for a visitor's visa?

Finally, I know I need more information that's why I'm writing here. I know something has to change. I needed US citizens to reply since they might know how to navigate the process on the non-immigrant and the immigrant side of things when it comes to relatives.

I came here for help from those with experience from both sides of the spectrum. If you've faced this problem before please respond. I need your help.

(response edited to comply with TOS - VJ Moderation Team)

Edited August 15, 2014 by Kathryn41
to remove inappropriate comments

[Kathryn41 3,205]

Two inappropriate posts violating the Terms of Service have been removed and one post edited to remove inappropriate comments. Please keep a civil tone when responding to posters whether you agree with them or not or whether you appreciate their participation or not. Any further inappropriate or rude responses will also be removed or edited.

Moderator's hat off . . .

The consular officer decides whether to approve or reject a tourist visa. If rejected, you cannot even board the plane to get to the POE. If accepted, you arrive to the U.S. and are in queue to the POE.

Once at the POE, the customs and border patrol (CBP) agent decides your length of stay. The CBP officer has even the right to send someone back to their home country if the CBP officer determines that the tourist will overstay. In general though, the CBP officer gives tourists 6 months and writes the date.

Happy Chic is correct , and yes, I am a US citizen.

You may wish to consider that a non-US citizen who has successfully gone through the process of requesting, obtaining and using a visitor's visa to the US is probably a much better informed source than a US citizen who has never used or had reason to use a visitor visa. Being a US citizen does not give you an automatic edge or insight into how the Consular and Immigration processes works. Most US citizens have absolutely no idea how they work. Having personal experience of your own or from a close family member going through the process, counts. Visa Journey is based upon personal experiential knowledge and that is what our members are offering to you. If you do not wish to accept the free, qualified advice, then you are certainly free to consult with a paid, qualified professional.

The reason the Consular officer asked about your status in the US was to help determine the risk factor involved in granting your mother a visitor visa. A US citizen is able to sponsor a parent to the US, so if the parent is visiting the US, a citizen can apply for a family sponsored visa and there is a chance that the 'visitor' will never actually leave the US, but will use a visitor's visa as a short-cut to by-pass the correct immigration process. This is frowned upon but since the visitor may have a legal right to immigrate, the Consular office may or may not grant a visitor visa, depending on other risk factors.

A green card holder cannot sponsor a parent to the US so, if the officer does not feel the applicant has sufficient ties to their own country, the innate attitude of Consular Officers and USCIS is to believe that this individual will be an immigration risk for overstaying their visa since they have no legal recourse to live in the US, and a denial is the most usual response.

That is why the Consular Officer asked about your status in the US. You are considered a motivating enticement for your mother to decide not to return to her home country and to remain in the US, either legally or illegally. Grandchildren are an even stronger 'enticement'. Without strong ties to their home country which counter-balance the enticement to remain in the US - which include economic, financial, property ownership, employment, investments, familial responsibilities, etc., it is unlikely that the applicant will be granted a visitor's visa. Is it fair? No, but the Consulate officers are not concerned about being fair to foreign citizens. They are concerned about protecting US citizens from risky foreign nationals and threats (real or perceived) to the US. The preponderance of the evidence falls upon the visitor to prove they are financially self-reliant, (will not end up costing US taxpayers money if they visit the US), will not violate US laws and outstay the time allowed their visa, and have greater incentive to return home after their visa than they have enticement to remain in the US.

Your mother's new responsibilities as an employer with employees may be considered sufficient incentive to ensure her return home after a visit - or it may not.

Edited August 17, 2014 by Kathryn41