visitor visa after rejection as earlier extended visitor visa and later tried for Hi while on B1/B2 visa.

[Ananta 0]

Respected Sir/ Madam, 

 

I applied for visitor visa on 15-93-2018 as my father ( age 76 yrs.) is seriously ill in North Carolina U.S.A. My visa was rejected u/s 214(b). He underwent two major Brain surgeries in Duke and UNC health care hospitals in N.C. after he accidentally fell there and had head injuries. Now his brain is damaged and is paralized and getting down day by day.after second brain surgery. First surgery was done in Jan 2017 and the second opinion Aug.2018. My both parents are are green card holders and are living in USA. They are living with my brother who is a US citizen and residing there from past 20 yrs. 
In 2001 I went USA on visitor visa with my parents and with my daughter. After 6 months I extended it for 6 more months. Thus I stayed there for one year. In between I tried for H1 visa to work as teacher and got an offer letter from N.C. School. I did all this as I was living separate from my husband due to domestic violence there. I wanted to settle in US by working there with my 1 yr. old daughter. For separation I don't have any legal document as it was not taken from court. H1 visa was approved there in USA. Then I returned India for H1 stamping. But it was rejected in India without mentioning any reason. My daughters ( minor 17 yrs. old) visa was also rejected along with me. I then dropped the idea to go to U.S. 
But Second time I was called by a lady from Visa office that the officer Cope Aren Bell is calling me to take an appointment for H1 visa. I was confused. I asked for what? She said just come. I again asked for what purpose will he provide me visa? She said he is calling you to provide you visa please tell me on which date will you come. She called me three times. Ultimately I took appointment as I was told that I will be provided visa. But when I went there the officer asked me where are the documents of other employees of your employer? I said I don't have them. I have all documents related to me. He said you didn't bring any of the documents and also you are not qualified to work as a teacher as I was not B.Ed then. I said I was called by Cope Aren Bell. He said I am Cope Aren Bell and I called you. He rejected my H1. I was not informed on phone to bring the other employees documents. But was misguided that I will be provided H1 visa. So I really felt cheated. I wanted my money and hopes. 
Later I did B.Ed  in India and worked for 2 yrs in India as a teacher. Later I stopped working. 

I think the rejection on 15 March 2018 was due my earlier visitor visa extension done and as I tried for H1 later. But this was done legally as per US laws only. If it was not legal then my extension would have been denied as it was my first visit. And H1 would also have not been approved. But in US this is legal but as per U.S. Visa offices in Indai this is illegal. 
Whatever may be this, but at present I am living with my husband in A.P. At that time I lived in M.P with my parents and my address in passport was also same as in Bhopal and now of A.P. 
At present I am a home maker and I want to visit just only to see my seriously ill father as we don't know how long will he survive. He can't return India. I told this also that I may not be able to see him. Then also the consulate officer didn't see any of my father's hospital documents and said no no. 
Now I want to try again. My brother said that he will try to take a letter from some minister in U.S. That may work. But actually they are not willing to see any of our documents. Just rejected seeing my past history. 
Please guide me how to convince them. 
My brother is saying that if my visa will be rejected again then he will bring my father to India else I may not be able to see him ever. But this will be very risky for my father's life as he is seriously ill and is very week and paralized. 
Please guide me how to try to get visa eat time. My daughter is studying High school Finished first yr. And we took a letter from her college that her Inter is of two yrs. course and has to join on 14 June 2018. 
My husband is not coming with me. We don't have any house on our name bug np,y husband own business under which educational institutes run. His income is from agriculture and business From business around 7 Lakhs. And from agriculture around 2 Lakhs. 
I have mutual fund investments on my name where I am second of third holder whaixh is more that 50 Lakhs. 
Please guide me what to do to get my visa to see my father. 
What to reply for their questions specially for return etc will the letter from minister be helpful? From which minister? Or please any thing which will help me. 

Your guidance will definitely help me to see my father. I will be very thankful and grateful to you.

Thanking you with Regards! 

Rashmi

[Roel 7,193]

You can try but your chances are slim.

There is really nothing anyone can say to guide you. Be honest about your last visas and extension and see what happens. 

[geowrian 22,338]

I'm sorry to hear about your father's conditions and I hope he makes a complete recovery.

 

That said, you were denied a tourist visa under 214(b), meaning they think you have immigrant intent. By law, the CO must presume that all applicants have immigrant intent until you can satisfy them otherwise. Your past extended stay, having US-based family to care for, etc., make showing this quite difficult. Being a homemaker is a tough sell that you are compelled to return, honestly.

 

Unfortunately, you likely won't be getting a tourist visa anytime soon. You are free to apply again, but don't expect the result to change until your circumstances have changed. A quick re-application is basically asking the CO to overrule their colleague. The brutal truth is there's nothing you can just do quickly to improve the likelihood of getting a tourist visa...establishing ties home is not something that happens quickly (if ever).

Note that this wasn't an issue for the H-1 because that visa permits immigrant intent.

Edited March 18, 2018 by geowrian

[Ananta 0]

1 hour ago, geowrian said:

I'm sorry to hear about your father's conditions and I hope he makes a complete recovery.

 

That said, you were denied a tourist visa under 214(b), meaning they think you have immigrant intent. By law, the CO must presume that all applicants have immigrant intent until you can satisfy them otherwise. Your past extended stay, having US-based family to care for, etc., make showing this quite difficult. Being a homemaker is a tough sell that you are compelled to return, honestly.

 

Unfortunately, you likely won't be getting a tourist visa anytime soon. You are free to apply again, but don't expect the result to change until your circumstances have changed. A quick re-application is basically asking the CO to overrule their colleague. The brutal truth is there's nothing you can just do quickly to improve the likelihood of getting a tourist visa...establishing ties home is not something that happens quickly (if ever).

Note that this wasn't an issue for the H-1 because that visa permits immigrant intent.

There is one more point to mention. I stopped working as a teacher. But later from 2007 to 2015 I worked as a mutual fund advisor/agent. It was not salaried but business based. The income sometimes less or more. As per example Rs 160000/-  ie One lakh sixty thousand per annum. I can restart that by taking that exam again. The income will be less. Will it be benificial to,get visa to,see my father? 

I have really have no intention to stay in US. I just want to see my father. Whatever happened it was about 15 yrs. back. 

[Going through 5,671]

I'm sorry about your father, and I understand how stressful this is for you.

As it stands now, unless your personal circumstances change (ie. job, reasons to return to your home country that are strong ties) there's really not much hope for a tourist visa...

 

Unfortunately, your parents living in the US as green card holders, your brother being a US citizen living in the US, your past extension, wanting to travel to the US with your daughter, you do not work, and you do not own any property also hurt your chances as it raises the suspicion of immigrant intent.

 

A letter from a US minister is not going to help you (and it's doubtful your brother could sway a minister to write such a letter proclaiming you should be allowed entry into the USA no matter what....even still, with such a letter the CO does not have to follow what it says.)

Edited March 18, 2018 by Going through

[Ananta 0]

I would like to add one more thing. Earlier mentioned my daughters age was wrong. When I was in US in 2001 she was 1 yr. old. At present she is 17 yrs. old. And one more thing is tha as per job, from 2007 to 2015, I worked as a mutual fund advisor. The income was about 1 to 1.7 Lakhs per annum. Business based not salary. If I will start that again, will if be benificial for me to get visa? And I really do not have any intention to stay in US. I want to return soon for my daughters study. Whatever happened earlier was about 15 yrs. back.

 

[Jeanne Adil 1,651]

we had a Moroccan man on here  who's wife was living with him in Morocco

she became sick with cancer and returned to the US for treatment 

He had letters from hospital and doctors concerning her condition

the casa embassy would not even give him a tourist visa to see her before she died

he had strong ties to Morocco owning a business and a home with banking account 

he told the embassy he would sign a letter to return to US as he did not want to stay here without his wife

so, figuring this,  along with your past, i would say chances are slim

but wishing you the best

[jan22 3,056]

3 hours ago, Ananta said:

......

I have really have no intention to stay in US. I just want to see my father. Whatever happened it was about 15 yrs. back. 

I am sorry to hear about your father.  It is very difficult for you to be so far away, I'm sure.  

 

However, from the visa officer's perspective, you made the same assurance about no intention of staying in the US the last time you were issued a visitor visa.  Yet, that time you stayed for a year and tried to get a work visa to stay longer.  It will be very difficult to show differently now.  Letters from people in the US, who may not even know you, will not help change the consular officer's mind.  The important thing is your life in India and why you need to return to it -- unfortunately, it doesn't sound like you have a very strong case.

[Boiler 45,932]

You stayed for a year in the US last time you visited.

 

You applied for a H1b even though you were not qualified. The validity of the H1 application may also be an issue.

 

You wanted to be a teacher in the US but your English skills are limited.

 

You do not seem to have a job or much in the way of ties to India.

[blooms 63]

you can always try again. You need to disclose the previous denial on the DS-160.

You may bring copies of your father’s diagnosis and his condition from the hospital and present it to the interviewing officer.

Good luck

 

 

blooms

[SusieQQQ 11,587]

10 hours ago, Boiler said:

You stayed for a year in the US last time you visited.

 

You applied for a H1b even though you were not qualified. The validity of the H1 application may also be an issue.

 

You wanted to be a teacher in the US but your English skills are limited.

 

You do not seem to have a job or much in the way of ties to India.

All this, plus objectively to a CO, a chronically ill parent might be even more of an incentive to try stay once there.

[Ananta 0]

17 hours ago, Ananta said:

Respected Sir/ Madam, 

 

I applied for visitor visa on 15-93-2018 as my father ( age 76 yrs.) is seriously ill in North Carolina U.S.A. My visa was rejected u/s 214(b). He underwent two major Brain surgeries in Duke and UNC health care hospitals in N.C. after he accidentally fell there and had head injuries. Now his brain is damaged and is paralized and getting down day by day.after second brain surgery. First surgery was done in Jan 2017 and the second opinion Aug.2018. My both parents are are green card holders and are living in USA. They are living with my brother who is a US citizen and residing there from past 20 yrs. 
In 2001 I went USA on visitor visa with my parents and with my daughter. After 6 months I extended it for 6 more months. Thus I stayed there for one year. In between I tried for H1 visa to work as teacher and got an offer letter from N.C. School. I did all this as I was living separate from my husband due to domestic violence there. I wanted to settle in US by working there with my 1 yr. old daughter. For separation I don't have any legal document as it was not taken from court. H1 visa was approved there in USA. Then I returned India for H1 stamping. But it was rejected in India without mentioning any reason. My daughters ( minor 17 yrs. old) visa was also rejected along with me. I then dropped the idea to go to U.S. 
But Second time I was called by a lady from Visa office that the officer Cope Aren Bell is calling me to take an appointment for H1 visa. I was confused. I asked for what? She said just come. I again asked for what purpose will he provide me visa? She said he is calling you to provide you visa please tell me on which date will you come. She called me three times. Ultimately I took appointment as I was told that I will be provided visa. But when I went there the officer asked me where are the documents of other employees of your employer? I said I don't have them. I have all documents related to me. He said you didn't bring any of the documents and also you are not qualified to work as a teacher as I was not B.Ed then. I said I was called by Cope Aren Bell. He said I am Cope Aren Bell and I called you. He rejected my H1. I was not informed on phone to bring the other employees documents. But was misguided that I will be provided H1 visa. So I really felt cheated. I wanted my money and hopes. 
Later I did B.Ed  in India and worked for 2 yrs in India as a teacher. Later I stopped working. 

I think the rejection on 15 March 2018 was due my earlier visitor visa extension done and as I tried for H1 later. But this was done legally as per US laws only. If it was not legal then my extension would have been denied as it was my first visit. And H1 would also have not been approved. But in US this is legal but as per U.S. Visa offices in Indai this is illegal. 
Whatever may be this, but at present I am living with my husband in A.P. At that time I lived in M.P with my parents and my address in passport was also same as in Bhopal and now of A.P. 
At present I am a home maker and I want to visit just only to see my seriously ill father as we don't know how long will he survive. He can't return India. I told this also that I may not be able to see him. Then also the consulate officer didn't see any of my father's hospital documents and said no no. 
Now I want to try again. My brother said that he will try to take a letter from some minister in U.S. That may work. But actually they are not willing to see any of our documents. Just rejected seeing my past history. 
Please guide me how to convince them. 
My brother is saying that if my visa will be rejected again then he will bring my father to India else I may not be able to see him ever. But this will be very risky for my father's life as he is seriously ill and is very week and paralized. 
Please guide me how to try to get visa eat time. My daughter is studying High school Finished first yr. And we took a letter from her college that her Inter is of two yrs. course and has to join on 14 June 2018. 
My husband is not coming with me. We don't have any house on our name bug np,y husband own business under which educational institutes run. His income is from agriculture and business From business around 7 Lakhs. And from agriculture around 2 Lakhs. 
I have mutual fund investments on my name where I am second of third holder whaixh is more that 50 Lakhs. 
Please guide me what to do to get my visa to see my father. 
What to reply for their questions specially for return etc will the letter from minister be helpful? From which minister? Or please any thing which will help me. 

Your guidance will definitely help me to see my father. I will be very thankful and grateful to you.

Thanking you with Regards! 

Rashmi

Main thing is that if I will try to get Green card in US then we will have to pay huge amounts of taxes to US government on our investments. I am taking care of our family members investments where I am also an account holder and I am saving their taxes by being an Indian as they are considered tax free in India. But in US they are considered taxable and all of us will have to pay big amounts of taxes in US every year. To save that money, it's must for me to be an Indian only and I must stay in India. If I had any intention to have a green card, I would have tried long back when my brother got US citizenship. At present I don't have job but I have one property/ land on my name. My parents house which I am taking care. And many such things. But if I will try for GC then US government will be in benefit by getting taxes from us. We will be in loss.

But I think such points can't be explained to CO as he/she may not be able to understand. They will have to see all details. They may not spend that much time on me. But this is the main tie which binds me to be in India and my daughter is not interested to reside in any other country except India. She wants to study and work and settle only in India. 

[dentsflogged 352]

50 minutes ago, SusieQQQ said:

All this, plus objectively to a CO, a chronically ill parent might be even more of an incentive to try stay once there.

If I were a CO and had that presented to me, I'd also be questioning what happens if the parent dies.

 

I imagine that an overstay would then be justified with "Oh, I HAVE to stay now to help the remaining parent, their spouse just died!"

[Boiler 45,932]

12 minutes ago, Ananta said:

Main thing is that if I will try to get Green card in US then we will have to pay huge amounts of taxes to US government on our investments. I am taking care of our family members investments where I am also an account holder and I am saving their taxes by being an Indian as they are considered tax free in India. But in US they are considered taxable and all of us will have to pay big amounts of taxes in US every year. To save that money, it's must for me to be an Indian only and I must stay in India. If I had any intention to have a green card, I would have tried long back when my brother got US citizenship. At present I don't have job but I have one property/ land on my name. My parents house which I am taking care. And many such things. But if I will try for GC then US government will be in benefit by getting taxes from us. We will be in loss.

But I think such points can't be explained to CO as he/she may not be able to understand. They will have to see all details. They may not spend that much time on me. But this is the main tie which binds me to be in India and my daughter is not interested to reside in any other country except India. She wants to study and work and settle only in India. 

Well that makes zero sense.

 

How do you intend getting a GC?

 

What has your daughter to do with your Visitor Visa application?

[Ananta 0]

I do not intend to get GC but the CO might have thought so p, as my brother is a citizen. As per my parents my brother is there to take their care. I need not stay there long. My brother sponsored for my parents to get GC as they are old and they need medical care etc. This will help my brother to take their care. 

Any way I will think on things as you are all guiding me and will plan how to reapply. As per your replies I came  to know that the chances are very less. I want to try to see my father once. If I will get then I will feel happy and lucky. Else I will leave and will not reapply again. I told about daughter as to mention that we have no plans to settle in US or stay longer in US. We have to return this is the fact. But how to convince CO is the main point.