Parents and brother refused B1/B2 visa :(

[tinnytintin 2]

Ugh I feel terrible. My parents and brother were denied tourist visas despite having strong ties to Bangladesh. My father has a very well paying job even by American standards and owns a lot of property, my brother is an excellent student who has a full merit scholarship to a reputable university within Bangladesh. They have traveled all over, especially my dad who has to travel to other countries for business deals and has been to three Schengen countries, Japan, India, and China in the last three months alone.

The problem is apparently our old immigrant petition. My family was initially petitioned for a immigrant visa back in the 80s and we all got a green card in 2000. I am the only one who actually saw it through and have been a citizen since 2010. My dad hasn't come to the US in 10 years and my mom and brother in 6 years. The visa officer apparently became very irate when they mentioned the green cards and said that they were planning to come back to the US since they have kept them all these years. He wouldn't even accept a surrender of the green cards saying they were "useless now". My family had the I 407 forms and everything filled out. Apparently it would have made a difference if they had been surrendered while they were still active. He refused to hear anything further and told them to apply for immigrant visa again. Which I could do for my parents and have them come in under a year.... but my family doesn't want to immigrate, they really just want to visit. They tried it once and decided it wasn't for them. They have a standard and quality of life in Bangladesh that is leaps and bounds above anything they will get in the US.

As can be imagined, my family is not enthusiastic about reapplying for a B1/B2, (why spend money on a country who doesn't want to allow us in? rather travel and visit new places all over the world...) but I really want them to come visit me at some point in the future. Is there anything that they could do to change the outcome in the future? Would appreciate any advice...

[Boiler 43,381]

Your Dad has been paying US taxes for 10 years?

[KierenHby 897]

Which I could do for my parents and have them come in under a year....

That's likely why they were refused. (They haven't overcome the presumption of continued immigrant intent).

As can be imagined, my family is not enthusiastic about reapplying for a B1/B2, (why spend money on a country who doesn't want to allow us in? rather travel and visit new places all over the world...) but I really want them to come visit me at some point in the future. Is there anything that they could do to change the outcome in the future?

You contradict yourself. If you believe the US doesn't want them in, and they can travel 'all over the world', why ask to waste another set of $165 then? Your statement makes it akin to having your cake wanting to eat it too.

[tinnytintin 2]

Which I could do for my parents and have them come in under a year....

That's likely why they were refused. (They haven't overcome the presumption of continued immigrant intent).

As can be imagined, my family is not enthusiastic about reapplying for a B1/B2, (why spend money on a country who doesn't want to allow us in? rather travel and visit new places all over the world...) but I really want them to come visit me at some point in the future. Is there anything that they could do to change the outcome in the future?

You contradict yourself. If you believe the US doesn't want them in, and they can travel 'all over the world', why ask to waste another set of $165 then? Your statement makes it akin to having your cake wanting to eat it too.

That is not me, its my parent's opinion, which is why it is in parentheses... I was the one who asked them to apply for a US visa. They don't particularly want to visit and have no plans for applying again. I want to gather as much info. as possible now while all the details are still clear so that I have it for next time, if there is a next time.

So how do I overcome the presumption of continued immigrant intent? Because really in this case, there is absolutely no immigrant intent.

[KierenHby 897]

That is not me, its my parent's opinion, which is why it is in parentheses... I was the one who asked them to apply for a US visa. They don't particularly want to visit and have no plans for applying again. I want to gather as much info. as possible now while all the details are still clear so that I have it for next time, if there is a next time.

So how do I overcome the presumption of continued immigrant intent? Because really in this case, there is absolutely no immigrant intent.

Why force em.. they seem pretty content with life in bdesh.

[tinnytintin 2]

Your Dad has been paying US taxes for 10 years?

Nope. He never filed taxes in the US (which is a whole other story of not maintaining permanent residence and being pulled for secondary by CBP every time we came to the US). The longest he's ever stayed in the US, even as a PR was one month.

[tinnytintin 2]

Why force em.. they seem pretty content with life in bdesh.

Very true. But you want your family around for special moments. I am sure they will feel differently when I have kids and would want to come. I live in SoCal now and I know that they would enjoy their visit here.

[az2014 381]

Nope. He never filed taxes in the US (which is a whole other story of not maintaining permanent residence and being pulled for secondary by CBP every time we came to the US). The longest he's ever stayed in the US, even as a PR was one month.

So basically he carried on 'visiting' using his green card, filed/paid 0 taxes, green card expired and now wanted to visit again using a B2?

You really can't see the problem? He was rightly refused for abusing the system. Not sure why you are so surprised.

[Boiler 43,381]

He has zero credibility.

[tinnytintin 2]

So basically he carried on 'visiting' using his green card, filed/paid 0 taxes, green card expired and now wanted to visit again using a B2?

You really can't see the problem? He was rightly refused for abusing the system. Not sure why you are so surprised.

He stopped coming to the US in 2006 when he decided that he no longer wanted to move here. His green card expired in 2010. So he did not keep 'visiting' on his green card and then just decide to transfer to a B2. He should have surrendered his green card right then, but hindsight is 20:20

Should he have filed taxes in those six years- Yes. But there are valid and legal reasons why he didn't.

[Merrytooth 5,748]

He stopped coming to the US in 2006 when he decided that he no longer wanted to move here. His green card expired in 2010. So he did not keep 'visiting' on his green card and then just decide to transfer to a B2. He should have surrendered his green card right then, but hindsight is 20:20

Should he have filed taxes in those six years- Yes. But there are valid and legal reasons why he didn't.

US citizen or LPR has to file tax return for their entire worldwide income.

[Boiler 43,381]

Did he explain those valid and legal reasons.

[tinnytintin 2]

He has zero credibility.

Care to expand? I am not being sarcastic and I respect opinions on this. Dealing with family means emotions cloud judgement.

[tinnytintin 2]

Did he explain those valid and legal reasons.

The CO refused to listen to anything after hearing the term 'green card'. Didn't even ask about taxes, living in the US. Although he probably had the info. he needed from the application. Only told them to apply for an immigrant visa because he was convinced that the want to move here.

[tinnytintin 2]

US citizen or LPR has to file tax return for their entire worldwide income.

Not if you fall beneath the income threshold. You can still file (like I did when I was a student because I made sure I was satisfying all LPR requirements)

From IRS site (did not include table showing incomes):

Don't file a federal income tax return if you don't meet the filing requirements and aren't due a refund. If you need assistance to determine if you need to file a federal income tax return for 2015, go to IRS.gov and use the Interactive Tax Assistant (ITA). You can find the ITA by going to IRS.gov and entering “interactive tax assistant” in the search box. Open the ITA and click on Do I Need to File a Tax Return under Topics by Category.

General Requirements

If you are a U.S. citizen or resident alien, you must file a return if your gross income for the year was at least the amount shown on the appropriate line in Table 1-1 below.