Mother-in-law denied US tourist visa-help!

[eruben 0]

I'm a US citizen living in Washington D.C. with my Brazilian wife. She's from Recife, and was studying in the US on a student visa. We just got married and she just got her green card in America. We are having a wedding ceremony in the US in June, and we desperately want her mother (who lives in Recife) to be able to attend the ceremony. Her mother went to the US consulate in Brazil today with all the paperwork to apply for a tourism visa, but she was denied!

They didn't give a reason for why the tourism visa was denied. Her mother has a husband, family, property, job etc in Brazil so I can't see why she would be seen as a threat to visit the US. We assume it may have been because she answered the question "how long have you been working?" with "since February". They may have misinterpreted that as she's only worked in her life for the last couple of months, which makes her a risk to flee to the US. This of course is not true - her new job started in February but she's worked her whole life before that. Could that answer have been why she was denied? Was there some other likely reason? And most importantly, what can we do? Is there an appeals process, should she apply again, and is there anyone I can contact to help?

Thank you for ANY assistance you can provide.

-Eric

[kzielu 1,147]

Only thing she can do is keep trying and try to bring some more evidence showing ties to Brazil. Neither you, nor someone else can do anything here.

[eruben 0]

Only thing she can do is keep trying and try to bring some more evidence showing ties to Brazil. Neither you, nor someone else can do anything here.

I think she was actually denied for the section "214(b), do not have enough ties..."

So my wife's mother should just reapply? What kind of evidence can we give? Should she focus on proving there is a wedding, or focus on showing she has a son, husband, job, house in Brazil, etc?

[kzielu 1,147]

Focus on the reason for her to come back to Brazil - property ownership, job, children/spouse.

[aaydrian 479]

The CO may be thinking why the an underage son (I assume) and a husband she is responsible for not applying for visas to go to this important wedding?

Just have her reapply. What may be helpful is, if true and possible, have your MIL convey that it's not feasible to have a wedding in Brazil (too costly for guests/an important wedding guest in US cannot travel due to health or physical restrictions?) so to avoid inconvenience it's best to have her get a visa and go to he US for a week max.

Evidence for ties: property title/long term lease that is not up any time soon, letter from employer showing obligations that must be done soley by your MIL or any other important responsiblity she may have to for eg charity/her community/husband needs help taking care of himself and you son.

Edited April 4, 2012 by aaydrian

[jaycali 415]

I think she was actually denied for the section "214(b), do not have enough ties..."So my wife's mother should just reapply? What kind of evidence can we give? Should she focus on proving there is a wedding, or focus on showing she has a son, husband, job, house in Brazil, etc?

That's why most tourist visas are refused - The CO simply isn't convinced that she'll be returning to Brazil within the given timeframe.

Did she bring documents to prove her ties?

While she should definitely say that she'll be traveling for a wedding, she needs to focus on what will likely make her return to Brazil. If she has a job, bring an employer letter stating how long she's worked there, and what date she's expected to return to work after her vacation. If she owns a house in Brazil, she should bring whatever paperwork she has proving this ownership. Does she own a car? Have her bring the registration for it. Anything and everything that proves ties to Brazil is good evidence.

Being denied a visa based on insufficient ties really isn't the end of the world. She can apply again if her situation changes or if she believes she has new evidence to support her case.

Edited April 4, 2012 by jaejayC

[eruben 0]

Thanks for the responses. She will try to reapply but there is not much more evidence she can provide than she already did (proof of employment, letter from her boss, rental contract, none of which they even asked to looked at).

[jaycali 415]

Thanks for the responses. She will try to reapply but there is not much more evidence she can provide than she already did (proof of employment, letter from her boss, rental contract, none of which they even asked to looked at).

There you go.

They might not always ask to see it, so generally it's a good idea to present her evidence as she speaks. For example, while explaining that she has a job in Brazil it would be a good idea to simultaneously hand the employment letter to the CO.

[Noah Lot 387]

Shoving papers towards the VO when they have not been asked for suggests desperation...avoid this. Papers cannot force anyone to adhere to our laws....the reasons for going to the US do not matter as much as the reasons for returning to Brazil.

A person in a brand new job is not likely to have accumulated any significant amount of paid leave within 6 months.

You cannot guarantee her return to Brazil nor anything else regarding her decision making.

She can just reapply (there are NO appeals) and see what happens.

[soteropolitana 4]

*deleted* wrong post

Edited April 4, 2012 by soteropolitana

[eruben 0]

Do you think hiring an immigration lawyer/writing letters to the US Consulate through my congressmen would help?

[aaron2020 11,651]

Do you think hiring an immigration lawyer/writing letters to the US Consulate through my congressmen would help?

No. You would be wasting your money. No lawyer can help your mother-in-law get a visitor visa. The US Embassy/Consulate has 100% discretion in granting visitor visas. This discretion cannot be reviewed by any one or any court.

All she can do is apply again.

--------------

Read this; http://travel.state.gov/visa/frvi/denials/denials_1361.html

INA Section 214(b) - Visa Qualifications and Immigrant Intent

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

• Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
  
• Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)
  

What are considered strong ties to my home country?

Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:

1. Your job;
   
2. Your home; and/or
   
3. Your relationships with family and friends.
   

While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.

Is a refusal under section 214(b) permanent?

No. A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. embassy or consulate where you plan to reapply to learn about any reapplication procedures.

Edited April 5, 2012 by aaron2020

[Noah Lot 387]

Do you think hiring an immigration lawyer/writing letters to the US Consulate through my congressmen would help?

A lawyer's opinion is worth about as much as a two week old newspaper; a congressman or senator has NO authority over the decision making process of any VO...so to try and acquire either of these two source's input will be a complete waste of time.

[eruben 0]

Will buying a plane ticket, showing that we can afford the money, and also showing a plan to return, help? Bringing the ticket to the interview should increase the chances right? And if it's still denied, we can cancel the ticket to get a refund, maybe minus a fee? We are willing to take that risk. But will it help the chances of passing the interview, even a little bit?

Thanks...

[I AM NOT THAT GUY 5,715]

Will buying a plane ticket, showing that we can afford the money, and also showing a plan to return, help? Bringing the ticket to the interview should increase the chances right? And if it's still denied, we can cancel the ticket to get a refund, maybe minus a fee? We are willing to take that risk. But will it help the chances of passing the interview, even a little bit?

Thanks...

Nope. Waste of money. Cancellation fees can be more than half the price of the ticket, if it is refundable at all.

She has to prove she is not an intending immigrant, with strong ties to the homeland that overcome the presumption she intends to immigrate to the US.