What to do when visitor visa denied?

[Snake&Dog 0]

Today, in a 3 minute, six question interview, my 70 year old Chinese in-laws were denied US Visitor Visas at

the US Consulate in Guangzhou. My wife and I really don't know what to do.

While her parents had ample reasons to visit the US and ample reasons to return home to China, none of this came out via the interview.

None of the supporting letters or documents were even looked at. The officer simply said: "You are not qualified to come to the United States."

The reasons they had to visit were: to visit their daughter and be at hand for the birth of their granddaughter in 3 weeks time. They also greatly

wanted to meet the baby's other grandparent, my mother, who is dying of aggressive cancer and has very few months to live.

The reasons they had to return to China were likewise strong: they have a Government provided home and pension, ample savings,

and they care for a live-in disabled adult daughter who has psychological problems.

Further, they live nearby their son's family, and they care daily for the grandson as his day routine is lunch and homework with the grandparents.

These connections were all spelled out in the letter of invitation and letter to the Consulate Office, none of which were looked at.

The Q and A:

Have you ever been to the US before? No

Why do you want to visit the US: To visit our daughter and tour the US

How old is your daughter: 40

How did your daughter get to the US? By marriage to an American. (They look up her records: After 2 years here, she holds a Conditional Green Card)

What does you daughter do: She works in education

Where does she live: Los Angeles County

Visa denied - you are not qualified. Take this Blue Sheet - NEXT PLEASE

Lawyers in the building tracked them from the stream of the rejected applicants - and looked over their forms.

"This is a mistake - for 800$ we can get this reversed" My wife advised them by phone to ignore such lawyers.

The form they were handed explained that: insufficient information was provided to guarantee the applicants' return to China.

But that conclusion surmised, not determined. All relevant information a hand went sight-unseen.

Advice we have been given is to come back with a new application and interview showing some document or the other that was NEW.

This way, one officer can reverse the decision of another without implying the first made a mistake. I thought

the new document should be a statement from a Chinese hospital saying that their Chinese disabled daughter did in fact require her

parent's care. However, a local immigration lawyer suggested the a letter from myself written on my Caltech letterhead, vouching for the parents,

and attesting to their firm ties to China and the importance of their short visit, would garner more attention. I have have also

contacted my Congressman's office.

All other suggestions welcomed

Steve

(Snake and Dog)

[Boiler 43,400]

Can you not could visit them?

[garfield529 47]

This seems common for China. If they know that a grandchild is impending, they tend to deny because there is a track record of parents coming to visit and then overstaying and trying to adjust status so that they can take care of the baby. While it would be fraud to lie if asked about grandchildren, if they would have simply stated they are coming to visit their daughter and see some US cities then their visa would probably have been approved (given strong ties). The other option would have been only one parent applying instead of both.

[Snake&Dog 0]

Can you not could visit them?

Yes - We will visit when the baby in 3 months.

It is just such a slap in the face from a country I am trying to get them comfortable with.

And her Mom wants so much to be here to help.

And my wife wants so much to show her parents her new life.

And my Mom so much wants top meet them.

Edited June 1, 2011 by Snake&Dog

[Snake&Dog 0]

This seems common for China. If they know that a grandchild is impending, they tend to deny because there is a track record of parents coming to visit and then overstaying and trying to adjust status so that they can take care of the baby. While it would be fraud to lie if asked about grandchildren, if they would have simply stated they are coming to visit their daughter and see some US cities then their visa would probably have been approved (given strong ties). The other option would have been only one parent applying instead of both.

In fact this is exactly what they said: They were coming to visit their daughter and see some US cities. The refusal followed.

Edited June 1, 2011 by Snake&Dog

[Boiler 43,400]

Yes - We will visit when the baby in 3 months.

It is just such a slap in the face from a country I am trying to get them comfortable with.

And her Mom wants so much to be here to help.

And my wife wants so much to show her parents her new life.

And my Mom so much wants top meet them.

?

[Snake&Dog 0]

?

Not sure why the "?" - the idea was her (my wife's" Mom) wanted to visit us in the first months to help out.

[Boiler 43,400]

Not sure why the "?" - the idea was her (my wife's" Mom) wanted to visit us in the first months to help out.

But you said they applied for Visitor Visa's.

[Noah Lot 387]

"helping out" is another one of those thinly disguised phrases that really means.."coming to the US to engage in full time child care so the mother can return to work.."...however,child care is work...and if you doubt that, find out how many nannies will do the job for nothing....also, congressmen/senators have no power over the consular official's decision...they cannot legally order that a visa be issued, and no one can 'vouch' for the actions of another...

[Harsh_77 716]

From the OP first post, the ties of her parents to home country don’t seem very strong.

They have a govt provided house- ok either that could be locked up or rented out and someone else can live in it while they are in US (which could be forever)

They have a daughter who needs help – yet they are living her behind to go on trip to US?

They are taking care of their grandson – that could be done by someone else if they don’t ever return back to china.

You might think the reason are ample and sufficient, unfortunately that’s not have the process works. You can write as many letters as you want, but that is not the guaranteed that they would return back after their trip.

On tourist visa Congressman/Senators cannot do anything, only time they can be really effective is if your family visas are held up by USCIS or NVC.

[Used to be broken 143]

I have have also contacted my Congressman's office.

All other suggestions welcomed

Steve

(Snake and Dog)

Consular decision is not reviewable even by the President.

That said, did the parents submit itinerary, round trip tickets and offer to post bond?

Do they have substantial assets in China ?

Its pretty common to get refused on these VISA's due to the 'work" aspect. Something they said might have led the consular to believe they are doing child care while in US. And previous poster is correct this is a job.

[LDG 2]

The OP stated they didn't bother to look at any documents/letters. Just asked simple questions and denied the visa. Such was the case with my MIL's interview. Though in our case, the IO did read the invitation letter and saw nothing else, 3 questions, looked at copies of my wife's green card, passport, ID's and gave the denial letter. Plenty of savings, investments, owns 2 properties, receiving pension and her husband's letter of employment and salary.

They flipped the coin and no luck. Gotta pay up so they can flip the coin again, maybe better luck next time.

[kzielu 1,144]

That said, did the parents submit itinerary, round trip tickets and offer to post bond?

?? Any US Embassy website states "Do not buy the tickets until you have the visa in the passport" - why would someone show up for an interview with round trip tickets ? This is no proof someone will be coming back, especially that they're way cheaper than one way ticket.

[Noah Lot 387]

round trip airline tickets mean nothing....their cost versus obtaining illegal employment in the US is meaningless...and bonds are not part of the equation either....partly because the ceiling for such a bond, called a 'maintenance of status' bond, is a mere $5000....about what somebody would shell out to an immigration attorney to produce a phony H1B application...

[Eric-Pris 1,602]

There's really nothing you can do, except try again. This seems like the consulate's/embassy's main revenue stream, from poor suckers who pony up $150 each time. That's a pretty good revenue when there's 100-150 people a day applying.

I know because pretty much the same happened to us, except it was for my step kids (age 13, 14). They wanted to stay in their home country with the grandparents but they want to visit. Even though we could file I-130's and have them here relatively quickly, they still denied the tourist visas. I actually told the guy, "why would we bring them on tourist visas and have them stay as illegals if we could bring them over legally?" The a-hole didn't have an answer and still denied them. I tried to "vouch" for them but they still denied. I asked what we could bring to show ties and he pretty much told us that they are not getting a tourist visa. So screw them, once my wife naturalizes early next year, we'll bring them over on I-130's, they will become US citizens upon entering the US, and then they will go back to Costa Rica as US citizens and be free to come and go as they please. You're in a different boat because the wait would be too long, so you can only tyr again and maybe the next guy will approve. It's 100% subjective. One guy says no. and the next yes. It's random.

And those consulate officers have such bad attitudes too. That's what pissed me off the most.

Edited June 3, 2011 by Eric-Pris