Visitor's Visa For Mother -in-law

[SHOCKJOCK35 0]

I’m writing to you with respect to the denial of a tourist visa for my mother-in–law,submitted on July 25, 2007. I understand that our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. Also, applicants must qualify for the visa according to their own circumstances and not on the basis of a sponsor or affidavits of support in the United States from their family or friends. She must meet the requirements of sections 101(a) (15) (B) or of the INA respectively. I also realize that failure to do so will result in a refusal of a visa under Section 214(B) of the Immigration and Nationality Act (INA). I recognize that the U.S. visa application is interview-based rather than document-based.

My mother-in-law had not convinced the interviewing officer that she has sufficiently strong ties to Peru to compel her return after a limited visit. I believe the basis for the denial of the B-2 visa, was Her inability to explain her situation correctly. This is her very first submission of a visa application to the United States. I’m sure that the interview process may have seemed a little nerve-racking for her. She is a 64 year old retired teacher that resides in a rental property (professional tie). She is currently awaiting determination of her Peruvian social security settlement (financial tie). She has three other children and many other family members that will eagerly await her return (social tie). My Mother-in-Law and my wife are very close, she’s a very honest and fun all around person, we would love to have her visit us for the winter holidays. I know some key elements to substantiate her ties to Peru are ownership of residence and adequate employment. Unfortunately she is unable to provide this documentation. However, I did included in her packet a letter of invitation from my wife and me, copies of my past two years tax returns and a recent leave and earning statement to prove that she would not be a financial burden to the U. S. Government during her temporary stay. I will be responsible for all of her room and board expenses while she is in the United States. Upon the termination of her visit, she will return to Lima, Perú prior to the expiration of the visa once issued by your consulate. I had honestly and accurately prepared the B-2 visa application and supporting documents for her in accordance to the law with no intent of evading immigration authority. I would never consider participating in any illegal activity; as this would cause possible imprisonment and the termination of my employment. I appreciate the rules and regulation that have been set forth to protect the best interest of the government. I would respectfully request your reconsideration for the issuance of her B-2 visitor’s Visa. If you have any further questions please contact me at your earliest convenience.

[JVKn'CVO 11]

Sorry to hear about your mother in law's visa denial. Is that the letter you are sending to the embassy?

Sounds like you already have the link to the Peruvian embassy, but just in case, you might want to check this link that says that you can't appeal the decision, but you may reapply

http://lima.usembassy.gov/faqs2.html#10

(scroll down to the part that says "the decision")

Good Luck

Saludos,

Caro

[Boiler 46,109]

I will assume this is something you intend sending to the Consulate.

Probably the most important aspect is that there is no appeal, if she wants to try again she applies again.

Then it her application, not yours.

Never been to Peru, but why is a rental property a professional tie? Or any sought of tie. On the pension side, I know people who live in the US and have their pension sent over. Is it different for Peru?.

Edited August 19, 2007 by Boiler

[Dakine 26]

We have the same problem with getting a relative over on a tourist visa in the Philippines.

US Embassy cares less if you will support them when they are here. They want to see the petitioners have the own money to do so themselves.

I thought of putting money in their account but haven't worked it out yet.

Plus they must show they have a GOOD reason to return or basically they HAVE to.

Having kids and family back home don't count.

USE Manila makes something like over a million a year on denied tourist visas.

Just figure 1 interview for maybe 5 minutes times $100. Wheeww! $1200 an hour!!

Don't know how many COs they have tho.

[JVKn'CVO 11]

More info on visitor visa's denials

Visa Denials - Travel.state.gov

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, 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.

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214B FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they 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 214B 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?

Saludos,

Caro

[chivasgeo 0]

I’m writing to you with respect to the denial of a tourist visa for my mother-in–law,submitted on July 25, 2007. I understand that our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise. Also, applicants must qualify for the visa according to their own circumstances and not on the basis of a sponsor or affidavits of support in the United States from their family or friends. She must meet the requirements of sections 101(a) (15) (B) or of the INA respectively. I also realize that failure to do so will result in a refusal of a visa under Section 214(B) of the Immigration and Nationality Act (INA). I recognize that the U.S. visa application is interview-based rather than document-based.

My mother-in-law had not convinced the interviewing officer that she has sufficiently strong ties to Peru to compel her return after a limited visit. I believe the basis for the denial of the B-2 visa, was Her inability to explain her situation correctly. This is her very first submission of a visa application to the United States. I’m sure that the interview process may have seemed a little nerve-racking for her. She is a 64 year old retired teacher that resides in a rental property (professional tie). She is currently awaiting determination of her Peruvian social security settlement (financial tie). She has three other children and many other family members that will eagerly await her return (social tie). My Mother-in-Law and my wife are very close, she’s a very honest and fun all around person, we would love to have her visit us for the winter holidays. I know some key elements to substantiate her ties to Peru are ownership of residence and adequate employment. Unfortunately she is unable to provide this documentation. However, I did included in her packet a letter of invitation from my wife and me, copies of my past two years tax returns and a recent leave and earning statement to prove that she would not be a financial burden to the U. S. Government during her temporary stay. I will be responsible for all of her room and board expenses while she is in the United States. Upon the termination of her visit, she will return to Lima, Perú prior to the expiration of the visa once issued by your consulate. I had honestly and accurately prepared the B-2 visa application and supporting documents for her in accordance to the law with no intent of evading immigration authority. I would never consider participating in any illegal activity; as this would cause possible imprisonment and the termination of my employment. I appreciate the rules and regulation that have been set forth to protect the best interest of the government. I would respectfully request your reconsideration for the issuance of her B-2 visitor’s Visa. If you have any further questions please contact me at your earliest convenience.

SHOCKJOCK35,

I did the same for my MIL and FIL : the paperwork for the B2 application, sent a letter of invitation and submitting an I-134 affidavit of financial support, along with my pay stubs and tax returns. It was no problem for MIL to get the B2 , she got 10 year multile entry ...but FIL 's application went under admin review for a long time , about 6 months, and then he was denied, this was due to a police record he had in Thailand. During the admin review , I constantly emailed the US Embassy in Bangkok for status, and finally got word that FIL was denied, however a waiver was requested and it was approved. He was then granted a multiple entry 1-year B2 visa.....

...perhaps you can contact the US Embassy in Peru to see if they can request a waiver for the denial of B2 visa?

Otherwise, your MIL may have to re-apply as others have mentioned....good luck!

regards,

George

[SHOCKJOCK35 0]

This what they sent me for a response.

Dear Mr. Stout,

Thank you for your e-mail regarding the nonimmigrant visa application of your mother-in-law

She was found ineligible for a visitor visa under Section 214(B) of the Immigration and Nationality Act, following an interview with a consular officer. This section of the law imposes a presumption that every applicant is intending to immigrate to the United States . In order to be issued a visa, applicants must overcome this presumption by demonstrating that they have a residence abroad and compelling and concrete reasons to return to that residence. When she applied, her economic circumstances made it very difficult for her to qualify for a visitor visa since she is retired, separated and she does not receive a pension yet. In addition, while the fact that now she has immediate family in the United States makes it possible for her to immigrate, it also can make it very difficult for her to convince an officer that she will not remain in the U.S. with her daughter at this time. In addition She has not established international travel pattern. Given her current circumstances, She was unable to convince the consular officer that she met the requirements of the law.

We understand that this process can be frustrating. Most friends and family members hoping to host a foreign visitor are frankly unaware that applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor. The Department of State’s website has additional information which can be found at the following link - http://travel.state.gov/visa/frvi/denials/denials_1361.html.

The path that is most clear in your mother-in-law’s case is that of legal immigration. Once you wife becomes an American Citizen, she could file an I-130 petition with the Department of Homeland Security for her mother to immigrate to the U.S. on IR-5 visas as the parent of a U.S. citizen. Unlike for tourist visas, decisions for resident visas are based on the relationship between the petitioner and the beneficiary, and we can and do consider the assurances of the family members in the U.S.

I regret that I cannot give you a more positive response in this case but I hope that this information will be useful to you.

Sincerely,

Sorry to hear about your mother in law's visa denial. Is that the letter you are sending to the embassy?

Sounds like you already have the link to the Peruvian embassy, but just in case, you might want to check this link that says that you can't appeal the decision, but you may reapply

http://lima.usembassy.gov/faqs2.html#10

(scroll down to the part that says "the decision")

Good Luck

Saludos,

Caro

[Boiler 46,109]

Most unusual to get a personalised reply, and so quickly.

[Scott y Kemerlita 0]

I am sorry for what happened to u.

It is well known here how they treat people there, I have applied before for a Cultural exchange and I saw many people applying and they were really rude with those applicants. They denied at that time a Tourist Visa to an 80-year-old woman who wanted to go with her daughter (who is a very important speaker) to New York only cause she couldn't stay on her own for a month!

They just said: denied!

As the e-mail esplains, they want to see that person is coming back to Peru. However, I know some cases where my friends had money, a good position at work which are things that tie you here, and theyw ere denied. One of them because she had nevr traveled abroad before, so the officer said: "go to other countries first. You will qualify for the visa after I notice two or three more stamps in ur passport."

I am very sorry about what happened.

On the other hand, I am also worried the embassy denies a tourist visa for my parents since I want them to attend my wedding. They have never traveled abroad but they both are working and the both have properties here. They are not rich, but they have savings.

I hope when they applied they can get it.

I guess it is just matter of luck here. And I agree about the million dollar they earn everyday.

Here in Perù ate least 400 people apply everyday!!!!

Anyway, thanks for posting this topic, I guess many of us have dealt with that somehow.

Again, any advice is always welcome!

Kem

[athena_ny 1]

My sister in law was able to come visit multiple times - her husband is a high ranking official in the Navy, and she usually comes to the US with either only one of her children, or neither. As for the visa approval, I am not sure what her situation at that point was, but it IS very hard to get a visa approved. My other sister in law, who is 30 yrs old and single, lives alone, etc etc cannot get approved for a visa, even if she had the money to come visit. It sucks, but you may have to do what we have to do to see certain family members - go there.

[Boiler 46,109]

I am sorry for what happened to u.

It is well known here how they treat people there, I have applied before for a Cultural exchange and I saw many people applying and they were really rude with those applicants. They denied at that time a Tourist Visa to an 80-year-old woman who wanted to go with her daughter (who is a very important speaker) to New York only cause she couldn't stay on her own for a month!

They just said: denied!

As the e-mail esplains, they want to see that person is coming back to Peru. However, I know some cases where my friends had money, a good position at work which are things that tie you here, and theyw ere denied. One of them because she had nevr traveled abroad before, so the officer said: "go to other countries first. You will qualify for the visa after I notice two or three more stamps in ur passport."

I am very sorry about what happened.

On the other hand, I am also worried the embassy denies a tourist visa for my parents since I want them to attend my wedding. They have never traveled abroad but they both are working and the both have properties here. They are not rich, but they have savings.

I hope when they applied they can get it.

I guess it is just matter of luck here. And I agree about the million dollar they earn everyday.

Here in Perù ate least 400 people apply everyday!!!!

Anyway, thanks for posting this topic, I guess many of us have dealt with that somehow.

Again, any advice is always welcome!

Kem

100,000 a year potential tourists from a population of 28 million.

I would never have guessed it would be so many. Can not be cheap to vacation in the US from Peru.

[K & J 17]

Sorry to hear your mother-in-law was denied a visa but she didnt meet any of the requirements. A rental property can be abandoned at any given time (renting vs. owning): the social security settlement as a simple administrative procedure that goes on by itself and her pension can be collected from the US; and if she is 65 her children are already adults and therefore dont depend on her.

There is a lot of misconception about the visas. Some people think its pure luck just because they dont get it. For some people, others may seem "rich" when in reality they are not (everything is relative). The brand new passport is a huge minus. Think of it as your credit history: you are 40 and you never had any credit, no card, no loans, nothing) and suddlenly you apply for a million dollar mortgage. Guess what the bank will tell you? It's the same with the passport. It's a very reliable way of telling that the applicant has the means (financial ties) and the will to return.

Peru is a very poor country. In a poll more than 80% of the population said they would immigrate to the US if they could. I believe the personnel at the EMbassy is polite but it is their job to "interrogate" people to see if their stories match up. Many people show up with forge documents and phoney baloney stories. Being able to afford a trip (airfare and lodging) is not enough since a lot of people can do it (even really poor familes collect money from friends and neighbors to send someone to the US). You can easily predict the interview outcome by looking at 3 things: passport, neighborhood of residence and high school or college attended. That alone makes 90% of the decision regarding turist visas. It is not official but in Peru, it is an extremely reliable way of telling who will not overstay.

You can't appeal, you can only re-apply. Good luck.

[Boiler 46,109]

Excellent reply, I certainly learned something.

[SHOCKJOCK35 0]

So now there is no way that my mother-in law will get a tourist visa. I have spoken to immigration lawyers, the US embassy in peru, the dept of state and my state representative. and they said it's ultimately the consulates decision. They suggested we file the I-130. My mother in law has no interest in living in the United States. If we did, we couldn't do it for at least another two years anyway. My wife is not a citizen and we are filing the I-751 ROC in Feb 2008. The fact that my MIL is not a well traveled person should be irrelavent. You know what, we are not tied down anywhere permantely. Hense the reason for this site, our loved ones have left there lives behind in there respective countries. We are not required to stay anywhere. If I want to move to a different city I can, a different state,I can, a different country, I can. The United States is arrogant to think that everybody in the world wants to live here. So what if I own a house, I can sell it. So what if I have a job, I can get another one. I understand that there are alot of people have a taking advantage of the system.Yes, the visitor's visa is a faster process. They make it difficult for people to do it the legal way. I realize that this has to do with population control to some degree. you pay a $100 "Processing Fee".But if they deny visas all day then what are they processing. Why can't you get your fee back. I wish they had like a system where they could put up a bond or a deposit and or where one of those ankle tracking braclet, then you receive your money back upon return. I just want her come for a couple weeks to meet my family, and see how her daughter's living. I am not done I will figure a way to get around this somehow...wish me luck

Sorry to hear your mother-in-law was denied a visa but she didnt meet any of the requirements. A rental property can be abandoned at any given time (renting vs. owning): the social security settlement as a simple administrative procedure that goes on by itself and her pension can be collected from the US; and if she is 65 her children are already adults and therefore dont depend on her.

There is a lot of misconception about the visas. Some people think its pure luck just because they dont get it. For some people, others may seem "rich" when in reality they are not (everything is relative). The brand new passport is a huge minus. Think of it as your credit history: you are 40 and you never had any credit, no card, no loans, nothing) and suddlenly you apply for a million dollar mortgage. Guess what the bank will tell you? It's the same with the passport. It's a very reliable way of telling that the applicant has the means (financial ties) and the will to return.

Peru is a very poor country. In a poll more than 80% of the population said they would immigrate to the US if they could. I believe the personnel at the EMbassy is polite but it is their job to "interrogate" people to see if their stories match up. Many people show up with forge documents and phoney baloney stories. Being able to afford a trip (airfare and lodging) is not enough since a lot of people can do it (even really poor familes collect money from friends and neighbors to send someone to the US). You can easily predict the interview outcome by looking at 3 things: passport, neighborhood of residence and high school or college attended. That alone makes 90% of the decision regarding turist visas. It is not official but in Peru, it is an extremely reliable way of telling who will not overstay.

You can't appeal, you can only re-apply. Good luck.

[Boiler 46,109]

The easiest solution woud be for your child to visit her Grandmother.