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Visitors visa for my mom and brother (who is deaf and mute) was refused. What is the next course of action?
Anonymous10 views2 answers
I am on an H1 visa in Atlanta, GA. Due to the passing of my father in Mar 2015, I had invited my mom and brother to visit me. Their visas (B2) were refused at the US Consulate (Chennai, India) with a 214b stating that they did not show strong ties to India. My brother works at a company in India (been working for 2 yrs with them) and my mom is a home-maker. We showed evidence of deposits (quite a bit!), his employment letter (along with another letter stating they were fine with him travelling abroad for 6 mths) and yet this was not enough. We dont possess a property in India, neither does my mom have pension (retirement income). What can we do next? How/when can we reapply? Would a letter from the local senator/congressman help, as mentioned in some of the online forums? Thanks!
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
"Traveling abroad for 6 months" is a very long time for someone living (and working) in India.. Especially so if the job position is "nothing special" in the eyes of the consular officer and the pay isn't that impressive either.. The fact that mom is a "homemaker" and no property ownership doesn't help either, and certainly is not enough to overcome the deadly "immigrant intent" presumption of INA 214(b). Sorry to be so blunt, but you need someone to tell you the truth, before you are asked to spend considerable amounts with lawyer(s).. I would wait for at least a good year (or two) before reapplying, and hope that your socio-economic situation will have dramatically improved by then? Unfortunately, once denied on 214(b) grounds, unless a dramatic change in your life (election to the house of parliament, for instance) or lifestyle (owns a telecommunication co. or call center co. now..) your chances of getting your visas approved on a second, third or even fourth try do not look very bright . And forget about that "local senator/congressman help" - that hardly ever achieves any result. Simple waste of time and energy.
I agree with the previous answer. You are running into a non-immigrant intent issue. Find local counsel that can help you prepare the B2 and show ties and have a good sponsor in mind to help you through the process.
