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) ( or of the INA respectively. I also realize that failure to do so will result in a refusal of a visa under Section 214( 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.

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

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?.

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.

More info on visitor visa's denials

Visa Denials - Travel.state.gov




Saludos,
Caro

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

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( 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,

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

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

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.

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.

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.

Excellent reply, I certainly learned something.

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.
[/quote]

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

Maybe it should but it isnt. Just as the example with the credit history, it is a pretty reliable indicator of your "likeness" to overstay.



Actually you cant move to another country just because you want. Every country has immigration laws (even Peru) and you must fullfil their requirements in order to move or visit. Some requirements are lax some are strict. It depends.



Not everybody but a lot of people. Why do you think there are an estimated 20 million illegals, a bunh of other millions waiting abroad for their residency and probably billions wanting to come if they could.



Maybe I am naive but I honestly believe it is easy IF YOU MEET THE REQUIREMENTS. I have received visas from many countries (never denied any), almost all my friends and family have current visas to the US. Only one of my cousins got denied (twice actually). Her situation single lady, 27, no college education, parents and only sibling are legal residents in the US, not a great job (secretary although for a big company). They thought she had no ties and would overstay. Guess what? they were right. All my family knew she was going to overstay.



Several reasons: 1) If you cant afford the fee, you cant afford the trip. 2) It makes you think twice before applying (otherwise people would reaply every week). 3) They do process the application. Before you show up at the interview, the Embassy has run a "background check" on you and your family. They know if you have applied before, whether you were approved or denied (and the reasons), they do the same for your relatives and check if there are overstays and if anyone is currenty in the US, etc.



It wouldnt work. Illegals pay up to $ 5,000 to get smuggled through the border or $ 20,000 for a fake marriage to fix their papers. They wouldnt mind losing a bond.



Good luck. In the meantime, your wife may visit her mom. Going back to Peru makes me soooooooo happy. I am sure she would love it. Or they can meet on a third country and make a great vacation out of it.

PS: The Embassy used to have a special process for applicants over 60 or 65. It was way easier for them to qualify for a turist visa this way. My friend's mother came this way (she probably wouldn't qualify otherwise). I dont know if it is still going on. They assume that seniors would not want to start over at this point of their lives.

And as for "finding a way around this somehow" - OP, your only other option is to file an I-130 or to enter without inspection. Good luck!

The embassy approved my husband's cousin's tourist visa. She never had ANY intention of going back, and as soon as she got here, kept 'praying' for a man to come alone. Hrrrrrm, I wonder why? It's people like this that are the reason Peruvians in general are getting denied more and more (and I wish they'd deny this girl's GC, but I doubt that will happen). My sister in law, who is unmarried and with minimal "ties" in the embassy's opinion, cannot get a visa. And she has no intention of staying here. But let's face it - they never know who will and won't overstay. My husband's tourist visa was approved and while the intention to stay was not there, his father died and a wrongful death suit ensued, and he couldn't leave if he wanted to pursue the lawsuit. So he overstayed his visa, and is in a country he never wanted to live in in the first place. So yes, people like my husband contribute to the high denial rate as well.

Go visit Peru. It's a beautiful country and they tend to let Americans in.

I really dont know how high the denial rate for tourist visas is. Most likely to be denied: single young woman (most of the fiance visa applicants would never have qualified for a tourist visa if they had applied for one).

Be extra careful with people hanging around the Embassy. They call themselves "facilitators" and they claim to have contacts inside that would guarantee you a visa. Scam artists!!!!! Also, there are thieves that steal passports. A passport with a US visa goes for at least $ 1,000 in the black market.

These things prove the intent to immigrate that most people in Peru, like any other poor country, have. The Embassy knows it and therefore they have to be strict when granting visas.

Also, tourist visas are granted for 10 years (at least in my country). Therefore, the applicant must demonstrate that his/her situation is such that he/she is not likely to overstay within the next 10 years. So you need a stable financial situation.

For Peru, it is right around 47% adjusted denial rate.

GPS tracking would work, or fining the USC that would sponsor them for the visit. USC do not like to loose money for any reason.

So all Visitors would have to wear a GPS tracker device?

Bonding might be more practical, say a few hundred thousand.

Would also create jobs tracking down those who have skipped, but then you would need a legal system that made overstayers fugitives....

That would be fine by me. So this would ensure that she gets back on the plane to peru before the visa expires. You right, I wouldn't want to pay more if I didn't have to.

Well, that sucks for you then, because that's not how the system works and it's unlikely they'll do anything to fix it.

I watched enemy of the state last night and they could tract them the same way but with satelites. Have a drug that is released so they are immobilized and you can catch them easy.

Bottom line is that if everyone is so worried about overstays we have 2 choices, just don't allow tourist visas or have a system in place to make sure they return. I read somewhere overstays outnumber EWI's.

And I've read it's only about half. But then again, we can never know because we can barely get a ballpark figure on how many illegals there are on the first place.

But your paranoia is completely strange, regardless of how many illegals are overstays. My husband was a 4 year overstay and in his situation I would have done the same, I refuse to condemn anyone for their circumstances. If it's planned like his cousin, well she should get deported at AOS.

I think I will just go with her on her next interview. Maybe If they see me a USC helping. I will be able give a better understanding in person

They look at family living here as a reason to immigrate, so not sure that would do much good.

I guess if overstays are half of the illegals a fence is only going to fix half the problem?

If you worry about yourself instead of everyone else, you won't have anything to worry about

My husband was never a 'problem' - probably less of a drain on society than you are.

Now, you see.....I would never have this problem cause I don't want my MIL anywhere near where we live.

Ooh snap. You'd show up at the consulate and beg them to deny her? (I am just kidding.)

I'm so lucky I get along with my MIL. Maybe because we don't speak the same language. hah!

Hey I am for allowing visas for visiting, I was being sarcastic. I am not a drain, my taxes alone every year are well above the poverty line.
I think something should be done to allow people to get visas to visit all they want, I love my wife's family and wished they could come anytime. I just bought my mother-in-law a plane ticket to be here when our baby is born. She has always had her visit and got her I-94 just by saying nothing more than she is visiting family. Nothing more, nothing less.
I am a USC born and raised here, I never thought about immigration issues until I met my wife. The hispanic population where I live has been possitive. Unfortunately there are some people complain but if they were not here we would not have had the economic growth we have enjoyed.

I do wish you luck and hope you pass on any gems. My brother in law just got denied despite the fact that he has a wife , child and home in Morocco. All of which were not discussed since the officer just scanned over the papers, looked at his passport (he has been to Europe countless times) and refused his application. What does a person have to do to visit the US?? I am so furious that I wrote them angrily and copied my state rep. Please let me know what you find out.

To the best of my knowledge, neither me, my wife, nor my immigration attorney can do anything to help a relative get a visa to come visit us. My mother-in-law, one of the sweetest woman you could ever meet, ha, I actually love my mother-in-law did apply in Columbia, is on their version of SS, and her entire family is there except my wife. But fortunately, she owns her own home, so only have 13 months, see finally got a visa.

We were able to transfer funds to her so she could buy a plane ticket, but on arrival to the good old USA was subjected to a four hour interrogation and a strip search that was extremely humiliating and degrading to her. I just talked to her last Sunday, and asked here if I could send her more money for a plane ticket, she responded, you come visit me. I feel that was her way of saying, she never wants to go through that again, and I don't blame her.

I can go down there trouble free with no hassle and no visa, but even I have problems coming back here, something is badly amiss here.

Putting aside security concerns, the general problem is that large numbers of visitors from certain countries forget to go home and forget that they are visiting, not working in the US. I doubt if many USC's are looking to go to say Venezuela or Morrocco to do this.

Until there is a comprehensive solution that addresses this, it is likely that there are going to be issues getting visitor visa's.

Implanting Microchips are the solution.