Tourist visa denial - options for US citizen relative

[mari04 100]

Yes, you can. Contact your representative and ask them to write letter of support stating all circumstances. It helps. My MIL was in the same situation. She had 3 denials. After rep wrote the letter she got B2, 10 year multi-entry. During the interview IO was constantly looking into this letter of support. She came with this visa for 2 months and at the first entry the CBP looked at the same letter and gave her 6 months stay on I94. She left after 2 anyway.

Edited August 16, 2022 by mari04

[Elllena 113]

I'm sorry this happened to you. My mom and my sister were also denied last month after a very short interview. I know they keep pushing this idea that the consul doesn't make their decision before the interview, but I really think in a lot of cases they do. Best of luck to your family, it's very difficult being apart from family for so long. 

 

[Unlockable 7,314]

4 hours ago, mari04 said:

Yes, you can. Contact your representative and ask them to write letter of support stating all circumstances. It helps. My MIL was in the same situation. She had 3 denials. After rep wrote the letter she got B2, 10 year multi-entry. During the interview IO was constantly looking into this letter of support. She came with this visa for 2 months and at the first entry the CBP looked at the same letter and gave her 6 months stay on I94. She left after 2 anyway.

Interesting series of events. Glad it worked out for your MIL.

 

But there is one problem I can see with your plan. The IO is in no way obligated to look at any supporting evidence. The OP stated that the IO at her father's interview had no interest to look at his evidence. So the OP can go through the effots of getting such documentation, but it still may be futile.

 

Seems you MIL was fortunate enough to get an IO that was willing to review evidence. Not everyone will have that luxury. 

[From_CAN_2_US 1,106]

10 hours ago, canadian_wife said:

 

Him not being able to pay for his trip is a red flag, what evidence did you show that he must return to his home country.

 

OP said the father COULD pay for his trip and has every intention of returning to his home country.

[Boiler 45,482]

Canadian Civil War?

 

We do not know where his home country is, may be relevant.

[Calicolom 266]

10 hours ago, skatz said:

Germany is a Esta Country, why B-2

 

[Rocio0010 5,579]

11 hours ago, skatz said:

He told the IO that it's been 3 years since he came to visit us

Did he overstay his previous visa? 
Where is he originally from?

[Crazy Cat 41,844]

1 minute ago, Calicolom said:

 

That is the $64,000 question.  There is, likely, another part of the story we haven't heard yet.

[Rocio0010 5,579]

Just now, Crazy Cat said:

That is the $64,000 question.  There is, likely, another part of the story we haven't heard yet.

Wait, are you going to give me $64k? It’s Christmas in August!!! 😂😂😂

[SalishSea 17,824]

15 hours ago, skatz said:

He brought a lot of paperwork that shows that he can very easily pay for his trip as well as evidence that shows that he owns a business with employees and therefore has every intention to go home. The IO specifically said that he doesn't want to see any of this, so he couldn't even prove any of that.

I suggested the I-134 not because my dad can't pay for his trip, but only because me being a citizen might help? I don't know anymore...

There is no sponsorship for tourist visas.  Tourist visas are for visiting, which wouldn't require long-term financial support.

 

Tourist visas are evaluated entirely on the contents of the DS-160, so any additional info or documents the applicant brings along do not need to be considered.

 

Maybe try to sponsor him for an immigrant visa instead?

[SalishSea 17,824]

15 hours ago, skatz said:

This is just outrageous, he has no intentions of staying here 😔 

Unfortunately, it is so commonly done (to jump the queue), that it negatively impacts people who do not have intent to overstay.

[*Snowdrop* 604]

15 hours ago, skatz said:

If we could take the tourist approach, we'd much rather do so. But if the tourist option is off table, I will do anything at this point. Is there another option that you see at this point? Another visa appointment would probably take years again, and why would it be approved next time?

I don't know why the other posters are giving you such a hard time. 

 

Of course if there is no option for a tourist visa you could do the I-130 immigrant visa option and have your Dad come over spend some time with you and then formally give back the Green Card and use that to apply for a B2 visa  in the future showing that he now no longer has immigrant intent because he already gave the green card back. It's worked for some people. 

 

It would be a long and expensive way to spend some time together in the USA but as you said might be the fastest and least problematic overall.

 

Good luck.

[Mike V 56]

The question remains:  Why can't/won''t he use ESTA like most European tourists?

 

If there is something in his past that disqualifies him from ESTA, it likely has the same effect on a B2 visa application.

[Palawan 131]

On 8/16/2022 at 7:09 AM, Crazy Cat said:

Being a citizen harms his case.  Some parents of US citizens "visit", then stay.

I find this to the exact opposite

 

How many tourist visa has your or your wife family applied for?

[Sartre 123]

Maybe I missed it but what country is your father a citizen of and what is his age and medical condition?