Father-in-Law from Dominican Republic Denied Tourist Visa

[Aris & Kismet 14]

My 70 year old widowed father-in-law was just denied a tourist Visa.  He went to the interview and they asked him to purpose of his visit.  He said he wanted to visit his step-son (which he raised since age 4), grandson, myself and my children for the Christmas holidays.  In his possession, he had all the documents needed to prove his ties back to his country, which included the title to his home, a letter from his employer, bank statements, birth certificates of his two other biological sons who live in his home town with their wives and his grand-children. He had pictures of his sons and grandchildren.  He had his marriage certificate and my husband's birth certificate that proved that he was his step-father by legal marriage.  I provided a letter of invitation to him and to the USCIS explaining the intent of the visit.  He had his criminal record, of which showed a clean record.  They asked for nothing.  They just straight up denied him after he explained his reason for visiting, which was simply that we invited him to spend the holidays with us and familiarize himself with the U.S. culture.  They didn't give him a denial letter explaining the reason for the denial nor asked for any documents.  So, how will we ever find out the reason so that we can improve upon any errors if he wants to re-apply?   I was so thorough in providing him with all the documents he would need and it seems so unfair that they didn't even ask him to show any proof of his ties to his country and intent to return.  

[geowrian 22,337]

He was likely given a slip that he was denied under INA 214(b), basically that he was unable to overcome the presumption of immigrant intent. This is by far the most common cause of denial of a tourist visa, and there is no appeal.

The reason for wanting to visit has little to do with eligibility for the visa. The letter from you had no impact (if they were to even look at it). It's not uncommon for them not to look through documents...they have no way to verify their authenticity on the spot and there are plenty of ways to get documents created for a fee. That's just the way it is, sorry. The DS-160 contains nearly everything they want to see.

 

Unfortunately, this is common and just a fact of life. He can visit other countries to try to show a good history of not overstaying or changing residence, but otherwise there's not really anything else he can do but wait some time and try again. I wouldn't expect a different result without a change in circumstances.

 

Edit: Note that there is a 53.21% refusal rate for DR on B visas, which is quite high. (https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY19.pdf)

Edited November 15, 2019 by geowrian

[Aris & Kismet 14]

16 minutes ago, geowrian said:

He was likely given a slip that he was denied under INA 214(b), basically that he was unable to overcome the presumption of immigrant intent. This is by far the most common cause of denial of a tourist visa, and there is no appeal.

The reason for wanting to visit has little to do with eligibility for the visa. The letter from you had no impact (if they were to even look at it). It's not uncommon for them not to look through documents...they have no way to verify their authenticity on the spot and there are plenty of ways to get documents created for a fee. That's just the way it is, sorry. The DS-160 contains nearly everything they want to see.

 

Unfortunately, this is common and just a fact of life. He can visit other countries to try to show a good history of not overstaying or changing residence, but otherwise there's not really anything else he can do but wait some time and try again. I wouldn't expect a different result without a change in circumstances.

Yes, he says he doesn't remember getting a slip.  Perhaps he just doesn't remember.  He did say that they said that they were denying it but that maybe at a later time he could try again.  Thanks for the advice.  

[Lucky2Lucky 2,526]

They make their decision based on the form already filed: they don’t have to look at documents the applicant brought . I’m sorry he was denied - I understand your wanting him to visit and see his family. It is unfortunate for some countries it’s extremely difficult to get a visa.

Out of curiosity how long did he plan on visiting? That can be one reason.. if he put down like 2 months it could definitely be a red flag i.e. does he have enough in savings for two months? How is he able to get out of work for 2 months? Etc.

[Aris & Kismet 14]

Thank you so much for your empathy.  I put down 1 month.  If we try to do it again, in your opinion, should I request 2 or 3 weeks?

[Lucky2Lucky 2,526]

On 11/15/2019 at 2:38 PM, Aris & Kismet said:

Thank you so much for your empathy.  I put down 1 month.  If we try to do it again, in your opinion, should I request 2 or 3 weeks?

In my opinion it should be shorter. Most places it's hard to justify being away from a job for a month. Is his job stable? I know he is older. Does he have significant funds, savings, etc? Does he own a house in the DR? The counselor is looking to see his ties to the DR- that is the most important. 

[Aris & Kismet 14]

Yes, his job is stable.  He usually just has to find a replacement when he takes any personal leave.  He's been working the same job for 10 years.  He's a maintenance worker for the school system.  He does own his home and has sons and daughters and grandchildren in his home town.  We added this information in the I-160 and he brought the house title, but they never asked for the proof. The significant funds was an issue but I did have a cover letter stating that I was covering the expenses with the form showing proof of my income. They did not request to see any items.  Although I understand that some have said that it's easy to create fake papers, if they aren't going to ask for them, then why does the USCIS add these as listed items to bring with you to the interview if they are just going to ignore them and not even ask for them? 

 

I'm wondering if there is a way to prepare my father-in-law for the interview so that when he speaks to the interviewer, he can  and provide a quick summary of his status when asked the first question and the reason for his visit so that even if he isn't asked for proof, he can let them know that he is a home owner, with a stable job for the past 10 years and has other family and obligations to return to with only the intent to have a short visit.  I know from what I've read in other areas, as well as these responses, that the decision might have already been made for him based on the way the I-160 was completed and if there are no significant changes made to the form, that he will most likely be rejected in the future, but I was hoping that there is a small chance in helping him better prepare a response and perhaps even handing them an outline listing all of his ties back to his country, that they may give him a chance.

[geowrian 22,337]

6 minutes ago, Aris & Kismet said:

Yes, his job is stable.  He usually just has to find a replacement when he takes any personal leave.  He's been working the same job for 10 years.  He's a maintenance worker for the school system.  He does own his home and has sons and daughters and grandchildren in his home town.  We added this information in the I-160 and he brought the house title, but they never asked for the proof. The significant funds was an issue but I did have a cover letter stating that I was covering the expenses with the form showing proof of my income. They did not request to see any items.  Although I understand that some have said that it's easy to create fake papers, if they aren't going to ask for them, then why does the USCIS add these as listed items to bring with you to the interview if they are just going to ignore them and not even ask for them? 

USCIS doesn't request anything for a tourist visa as they have no role in the process. You're dealing with the DOS, not USCIS/DHS.

Information about who is financing the trip is provided on the DS-160. Unless they question that they will become a public charge (i.e. low income and nobody offering to pay for it), finances are not really the issue - hence why they almost never want to see evidence of whoever is paying for the trip. The issue, almost always, is intent to return home (INA 214b).

In borderline cases, they may request documents. It's good to have them on you. But in the vast majority of cases, there is no need to see documents as the DS-160 + interview includes enough information to make a decision.

 

There is no reason for a cover letter. I'm going to assume it included a statement along the lines of you are inviting them and will cover their costs. I could be wrong, but the myth that this is necessary is quite common so I'll go out on a limb and make that guess. The DOS website states that this will not be considered (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html)

Quote

Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.