B2 Visa Rejected Twice for Single Mother

[mak201804 0]

Hi, Thanks for having the wonderful platform to clarify the questions.

I am planning to bring my mom (Widow & home maker) and younger sister ( Studying BSC third year) to US on B2 Visa.

So, I have applied B2 Visa for both in single slot on August (2017) in Chennai Consulate. I have applied as Self sponsorship and opted the Tamil interview. The interview goes as below:

My mom and sister went in to the panel.

Mom : Greeted the officer.
VO : Greeted back, Where are you going to US.
Mom : Connecticut.
VO : Who is staying there ?
Mom: My son & Daughter in Law.
VO : How long you are planning to stay ?
Mom : 5 months.
VO : (Pointing to my sister) Is she your daughter ?
Mom : Yes
VO : What is she doing ?
Mom : She is studying BSC.
VO : Which year?
Mom : Third Year.
VO: Is she Married?
Mom : No
VO : What is your husband doing ?
Mom : He expired.

After this, the Visa officer went inside and had some chat with another officer. In a while, VO came back and gave us 214 b.

We thought , applying for my mom and sister in a single slot would have been a mistake and also I have decided to sponsor for them this time instead of self sponsor.

We prepared all the needed forms and documents for sponsorship and applied again only for my mom on Jan - 2018. Again on Chennai consulate in Tamil.

The interview happened as below:

Mom : Greeted VO
VO: Where are you going to US ?
Mom : Connecticut.
VO: How many months you are planning to stay ?
Mom : Two months.
VO : What are you doing ?
Mom : I am a home maker and pensioner.
VO : Pension ?
Mom : My husband worked in Government office and now I am getting the Pension.
VO : What is your husband's age?
Mom : He died.
VO : Issued 214 (b)

We didn't know what we are missing. We are desperate to bring them here on April. We are looking for help for the below questions ?

When can we apply again ?
In both the times, the visa was rejected after the officer asked about my Dad. As my mom is a widow and home maker, please advise the best approach to maximize the likelihood of clearing the interview.

Thanks in Advance!

[CEE53147 559]

4 minutes ago, mak201804 said:

Hi, Thanks for having the wonderful platform to clarify the questions.

I am planning to bring my mom (Widow & home maker) and younger sister ( Studying BSC third year) to US on B2 Visa.

So, I have applied B2 Visa for both in single slot on August (2017) in Chennai Consulate. I have applied as Self sponsorship and opted the Tamil interview. The interview goes as below:

My mom and sister went in to the panel.

Mom : Greeted the officer.
VO : Greeted back, Where are you going to US.
Mom : Connecticut.
VO : Who is staying there ?
Mom: My son & Daughter in Law.
VO : How long you are planning to stay ?
Mom : 5 months.
VO : (Pointing to my sister) Is she your daughter ?
Mom : Yes
VO : What is she doing ?
Mom : She is studying BSC.
VO : Which year?
Mom : Third Year.
VO: Is she Married?
Mom : No
VO : What is your husband doing ?
Mom : He expired.

After this, the Visa officer went inside and had some chat with another officer. In a while, VO came back and gave us 214 b.

We thought , applying for my mom and sister in a single slot would have been a mistake and also I have decided to sponsor for them this time instead of self sponsor.

We prepared all the needed forms and documents for sponsorship and applied again only for my mom on Jan - 2018. Again on Chennai consulate in Tamil.

The interview happened as below:

Mom : Greeted VO
VO: Where are you going to US ?
Mom : Connecticut.
VO: How many months you are planning to stay ?
Mom : Two months.
VO : What are you doing ?
Mom : I am a home maker and pensioner.
VO : Pension ?
Mom : My husband worked in Government office and now I am getting the Pension.
VO : What is your husband's age?
Mom : He died.
VO : Issued 214 (b)

We didn't know what we are missing. We are desperate to bring them here on April. We are looking for help for the below questions ?

When can we apply again ?
In both the times, the visa was rejected after the officer asked about my Dad. As my mom is a widow and home maker, please advise the best approach to maximize the likelihood of clearing the interview.

Thanks in Advance!

That is likely the problem.  Desperation tends to indicate possible overstay especially when visa previously denied.

 

Also changing numbers is suspicious.  Why 5 months and then 2 months?  How could a student be reasonably be in US for 5 months?

 

[SusieQQQ 11,587]

They will have notes from the previous interview on record. Agree changing months seems odd. And suddenly no sister. Possibly they thought in the second interview she was just telling them what she thought they wanted to hear to get the visa (possibly an accurate assessment?). Normally 214b refusals require significant change in circumstances to overcome. I don’t see how your mother can do so?

 

Also from first interview, how could your sister take 5 months vacation in the middle of a degree? That possibly also looked suspicious. 

Edited January 21, 2018 by SusieQQQ

[gregcrs2 1,778]

Why are you desperate to bring them here in April?  

Edited January 21, 2018 by gregcrs2

[Unlockable 7,315]

 

 

First, like others have mentioned, you being desperate to bring them here is a huge red flag. What is th reason for the desperation,? The desperation is probably showing in the eyes of the officer.

 

Secondly, you keep mentioning YOU are applying for them. This is not true. This is THEIR visas. You have to remove that mindset that you are applying for them. Your fingerprints all over their case will likely raise suspicion.

 

Also, applying multiple times back-to-back goes back to showing desperation.

 

What ties do they have in their home county? This is the most important aspect of getting a visa.

 

 To be honest, it sounds like since your mom is a widow, you want her to live here with you. And this is just by reading your posts. If I was an interviewing officer I would deny the visas also based off what you said here,  your mom is likely a high risk of staying in the US.

 

@mak201804 The biggest question is, if your mom gets a visitor visa what is stopping you or your mom from deciding during one of her visits that she would just live with you in the US and you would take care of her?

Edited January 21, 2018 by NuestraUnion

[az2014 381]

From what you have posted it was the correct decision to deny them.

 

Your whole story just looks like they are planning to stay in the USA for good.

[Boiler 45,935]

Why does she need to be here in April.

 

Are you visiting Disney?

[TNJ17 1,329]

They’ll always be denied I believe. Their story is not the story of someone who is just going for a visit. They look like they want to immigrate and are trying to bypass the system. No student anywhere would have a 5 month break. They don’t sound like they have any ties to their home country and the minute the officer heard them saying they’re going to visit their son/brother the visa was doomed. If you keep going without changing their lives, they will always be rejected. To be completely honest, and I might be wrong in this, but I don’t think I am, it does sound like you’re trying to bring them in to stay. Just go the legal route. Yes, it takes longer and costs more, but it’s the legal way to do it. Do it before you won’t be able to anymore if the laws change. 

[SusieQQQ 11,587]

Possible desperation in April + 5 months stay = baby due and want her for childcare?

if true doesn’t help the case either 

Edited January 21, 2018 by SusieQQQ

[mak201804 0]

Thanks for all the reply and comments!

There is no intention of bringing here permanently. She has to take care of her mom and my younger sister who is still unmarried.Also we have the property in India and she loved to be in the home country.

She is just trying for the tour and also to visit us here.

We are desperate to meet because it’s been a long time we met each other because of my job nature.

The reason for April is that the only time I can take couple of weeks off to accompany her to visit some places like Disney.

The duration of stay has been mentioned as 5 months during the first time because that was the initial plan for my mom to come US for 5 months max and then my sister may join with her for a month as she was studying. Since We applied for both in the same slot, it’s mentioned as 5 months in the application being honest.

Now, it’s reduced to 2 because the plan has changed to couple of months stay.

My initial post would have misleaded but our intention is just for a temporary visit and there is no intention of making a permanent move.

 

[Boiler 45,935]

1 hour ago, mak201804 said:

Thanks for all the reply and comments!

There is no intention of bringing here permanently. She has to take care of her mom and my younger sister who is still unmarried.Also we have the property in India and she loved to be in the home country.

She is just trying for the tour and also to visit us here.

We are desperate to meet because it’s been a long time we met each other because of my job nature.

The reason for April is that the only time I can take couple of weeks off to accompany her to visit some places like Disney.

The duration of stay has been mentioned as 5 months during the first time because that was the initial plan for my mom to come US for 5 months max and then my sister may join with her for a month as she was studying. Since We applied for both in the same slot, it’s mentioned as 5 months in the application being honest.

Now, it’s reduced to 2 because the plan has changed to couple of months stay.

My initial post would have misleaded but our intention is just for a temporary visit and there is no intention of making a permanent move.

 

No harm trying but sounds like they burnt their boats.

 

Perhaps visit them in April?

Edited January 21, 2018 by Boiler

[JFH 12,191]

What's stopping you from going to visit your mother if you're so desperate to see her in April? 

 

It doesn't sound like her ties are very strong if she can abandon them for 5 months. 

[Hypnos 6,578]

You going to visit them is likely to be orders of magnitude easier to do. 

Edited January 22, 2018 by Hypnos

[nelmagriffin 151]

Greetings!

When applying for a tourist visa, one must satisfy the officer with ties. A strong reason for you to go back to your country. The following information may help you understand.

Reference: US Embassy, Manila

 

Q.1 What Is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents. To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

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Q.2 How can an applicant prove "strong ties?"

Strong ties differ from country to country, city to city, and individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

Imagine your own ties in the country where you live. Would a consular office of another country consider that you have a residence there that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to your country at the conclusion of a visit abroad. Each person's situation is different.

U.S. consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

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Q.3 Is a denial under Section 214(B) permanent?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

An applicant refused under Section 214(b) should review carefully their situation and realistically evaluate their ties. They may write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Applicants should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.

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