Need Advice ASAP - USA tourist visa

[Boiler 43,859]

Like i mentioned there is no way to prove that, like there is no way to prove if job candidate A with the same profile as B is discriminated against. you probably did not read the comment in a good taste mister. are you from a third world country ? i assume you are not. that part of system is something you will never understand unless you lived in the system and i am saying this all to you in a good taste. let me give you an example which is hypothetical - a visa officer does not grant you a Non immigrant visa in spite of you fulfilling all the conditions in the book (great job, loads of money, lot of ties to the country) just because he did not feel like it at that time (you don't believe that, well i do). on the other hand family gets one with average/fake/spurious documents. what would you say about that ? they were able to convince the officer BS, off course they were. its the sole discretion of the officer at that time especially when applicants are from allegedly fraudulent countries.they bend rules because applicants make them bend the rules. they don't go by the book because they know what the real intent of majority of applicants for Non immigration visas from poor countries and this debacle the people with right intent sometime pays the price. see, like i said, its impossible to prove this but you know its there and i am not blaming the officers here.

It does seem by what you see on VJ that not enough people are discriminated against.

[almost_umrican 53]

It does seem by what you see on VJ that not enough people are discriminated against.

i agree

[squareleg 69]

Here is the summary of my situation;

Me and my husband live in the US . We have a green card. We want to invite my sister, her daughter, her son, my father and brother here for one month.

All of them are self sponsoring the trip.

1) My Father - Age 70, retired, has pension, and investments made in India. He had applied for a visitor visa in 2012 which got rejected. He again applied in 6 months in the same year but got rejected again.For the previous interviews he did not have sufficient documents to show strong ties back in India.The financial situation has changed significantly now and he has all the strong supporting documents.

(My mom passed away in 2010)

Possibility given the improved financial situation. If he can demonstrate - real estate, investments, social and family ties....etc. the usual stuff. Again, it is a gamble and your father has better chance that your brother.

2) My Brother - Age 45, single, has a stable job. Travelled to Australia in the year 2000 for further studies but had to return due to family emergency and did not get to complete the course. Applied for F1 visa for canada but got rejected. Applied for US tourist visa in 2012 but got rejected as well. For the previous interviews he did not have sufficient Financial documents to show strong ties back in India.The financial situation has changed significantly now and he has all the strong supporting documents.

Very limited to none chance.

3) My Sister - Age 40. Travelled to US on visitor visa in 2003. She had a 12 year visa which expired last year. Her husband has a valid US visitor visa.

Better chance if she has not abused her prior visa. Please look into options that you can even renew without having to go for interviews. However, there might be timeframe that you should apply to skip the interview.

4) My sisters daughter - Age 15, just finished her 10th exam. She had travelled to US in 2003. Had a US visitor visa for 5 years. Which has expired.

Better chance if she has not abused her prior visa. Please look into options that you can even renew without having to go for interviews. However, there might be timeframe that you should apply to skip the interview.

5) My Sisters son - Age 11, Has not had a visitor visa anytime.

Better chance.

My Questions

1) Should they all go in a group for the visa interview? ( My dad and brother have a 2 time visa rejected record) If my dad and brother go with my sister will it be a strong case?

Adult should go on their own. Minors to accompany the respective parents.

2) Should my dad only go with my sister and her kids for the visa interview?

Adult should go on their own. Minors to accompany the respective parents.

3) Should my dad and brother go separately for the interview?

Adult should go on their own. Minors to accompany the respective parents.

Thankyou.

See my responses/opinions within.

[almost_umrican 53]

See my responses/opinions within.

Fair enough

Edited April 6, 2016 by almost_umrican

[MacUK 983]

Like i mentioned there is no way to prove that, like there is no way to prove if job candidate A with the same profile as B is discriminated against. you probably did not read the comment in a good taste mister. are you from a third world country ? i assume you are not. that part of system is something you will never understand unless you lived in the system and i am saying this all to you in a good taste. let me give you an example which is hypothetical - a visa officer does not grant you a Non immigrant visa in spite of you fulfilling all the conditions in the book (great job, loads of money, lot of ties to the country) just because he did not feel like it at that time (you don't believe that, well i do). on the other hand family gets one with average/fake/spurious documents. what would you say about that ? they were able to convince the officer BS, off course they were. its the sole discretion of the officer at that time especially when applicants are from allegedly fraudulent countries.they bend rules because applicants make them bend the rules. they don't go by the book because they know what the real intent of majority of applicants for Non immigration visas from poor countries and this debacle the people with right intent sometime pays the price. see, like i said, its impossible to prove this but you know its there and i am not blaming the officers here.

You haven't answered my question in any of that rant. What rule are the COs bending?

There is no checklist of conditions an applicant must pass to be granted a tourist visa when it comes to 214(b)

There is only one condition, they must convince the CO that they'll return home.

The rules are that the decision is solely down to the opinion of that person. So your analogy of two people going to a job interview with the same qualifications is invalid, or at least partially invalid as in the job situation if two people have the same qualifications then it's down to the one who the interviewer feels would be best for the job.

Two people going for tourist visas with identical circumstances might get different results, as the CO might believe one and not the other.

That's not bending any rules, that's following the rules as they are written.

As for me, as an Englishman living in Scotland I would say I'm in a third world country.

But I lost the VWP privileges that most Brits are blessed with, through my own ignorance and stupidity.

To date I have been denied a tourist visa 3 times. I don't try to blame the COs for doing their job and following their rules, even if I do think those rules are stupid. I accept that I failed to get a tourist visa because I failed to convince the CO that I have no intention of staying in the States.

So if you can tell me the exact rule that you think the embassies are breaking then next time I'll go along with that in my hand and guarantee myself a visa.

The tourist visa system is broken and not fit for purpose, don't blame the COs for that.

[IcezMan_IcezLady 582]

You haven't answered my question in any of that rant. What rule are the COs bending?

There is no checklist of conditions an applicant must pass to be granted a tourist visa when it comes to 214(b)

There is only one condition, they must convince the CO that they'll return home.

The rules are that the decision is solely down to the opinion of that person. So your analogy of two people going to a job interview with the same qualifications is invalid, or at least partially invalid as in the job situation if two people have the same qualifications then it's down to the one who the interviewer feels would be best for the job.

Two people going for tourist visas with identical circumstances might get different results, as the CO might believe one and not the other.

That's not bending any rules, that's following the rules as they are written.

As for me, as an Englishman living in Scotland I would say I'm in a third world country.

But I lost the VWP privileges that most Brits are blessed with, through my own ignorance and stupidity.

To date I have been denied a tourist visa 3 times. I don't try to blame the COs for doing their job and following their rules, even if I do think those rules are stupid. I accept that I failed to get a tourist visa because I failed to convince the CO that I have no intention of staying in the States.

So if you can tell me the exact rule that you think the embassies are breaking then next time I'll go along with that in my hand and guarantee myself a visa.

The tourist visa system is broken and not fit for purpose, don't blame the COs for that.

Well actually, it does seem like that. A CO once told an applicant that he and his wife look like just from looking at the applicant and the picture of petitioner and that was the end. The logical thing would have been to other a DNA test or something to back up that claim. You would never hear anything like that from any part of the world than an embassy in Africa.

So if they are going by rules, then what are the rules for "discretion" used by CO?

"Discretion" and "rules" do not fit together.

[almost_umrican 53]

You haven't answered my question in any of that rant. What rule are the COs bending?

There is no checklist of conditions an applicant must pass to be granted a tourist visa when it comes to 214(b)

There is only one condition, they must convince the CO that they'll return home.

The rules are that the decision is solely down to the opinion of that person. So your analogy of two people going to a job interview with the same qualifications is invalid, or at least partially invalid as in the job situation if two people have the same qualifications then it's down to the one who the interviewer feels would be best for the job.

Two people going for tourist visas with identical circumstances might get different results, as the CO might believe one and not the other.

That's not bending any rules, that's following the rules as they are written.

As for me, as an Englishman living in Scotland I would say I'm in a third world country.

But I lost the VWP privileges that most Brits are blessed with, through my own ignorance and stupidity.

To date I have been denied a tourist visa 3 times. I don't try to blame the COs for doing their job and following their rules, even if I do think those rules are stupid. I accept that I failed to get a tourist visa because I failed to convince the CO that I have no intention of staying in the States.

So if you can tell me the exact rule that you think the embassies are breaking then next time I'll go along with that in my hand and guarantee myself a visa.

The tourist visa system is broken and not fit for purpose, don't blame the COs for that.

It was not a rant , you have answered your own question by saying the B1/B2 system is broken. that is all i meant. Also, there might not be official checklist for the paperwork one needs to submit but it is required or at least the onus is on the applicant to prove that he is well off in the native country and have enough ties to not to immigrate to the US. let me ask you something, text is simple - you provide/prove us the following and we will grant you a B2. Now, in spite of providing and proving the req. set of documents one still does not get a B2. why so ? what else one need to do to convince. it all about clicking at that particular time. about the job interview example i gave earlier, it is a valid argument. which i am not going to elaborate anymore.

Well actually, it does seem like that. A CO once told an applicant that he and his wife look like just from looking at the applicant and the picture of petitioner and that was the end. The logical thing would have been to other a DNA test or something to back up that claim. You would never hear anything like that from any part of the world than an embassy in Africa.

So if they are going by rules, then what are the rules for "discretion" used by CO?

"Discretion" and "rules" do not fit together.

there you go , thanks man

Well actually, it does seem like that. A CO once told an applicant that he and his wife look like just from looking at the applicant and the picture of petitioner and that was the end. The logical thing would have been to other a DNA test or something to back up that claim. You would never hear anything like that from any part of the world than an embassy in Africa.

So if they are going by rules, then what are the rules for "discretion" used by CO?

"Discretion" and "rules" do not fit together.

there you go , thanks man

[HollywoodNorth 22]

How can your brother have a stable job, but will allow him to take a whole month off at once???

How is this an issue? I have a stable job and I can arrange to take a month off if I plan accordingly. Shouldn't be that unusual.

[MacUK 983]

It was not a rant , you have answered your own question by saying the B1/B2 system is broken. that is all i meant. Also, there might not be official checklist for the paperwork one needs to submit but it is required or at least the onus is on the applicant to prove that he is well off in the native country and have enough ties to not to immigrate to the US. let me ask you something, text is simple - you provide/prove us the following and we will grant you a B2. Now, in spite of providing and proving the req. set of documents one still does not get a B2. why so ? what else one need to do to convince. it all about clicking at that particular time. about the job interview example i gave earlier, it is a valid argument. which i am not going to elaborate anymore.

there you go , thanks man

there you go , thanks man

Blame the thousands of people who HAVE left behind great jobs, bank accounts, houses, cars and family members to get to the States and stay there. All those things that they promised would be why they have to go home.

The B1/B2 system is broken, but no rules are bent or broken when a tourist visa is denied.

[almost_umrican 53]

Blame the thousands of people who HAVE left behind great jobs, bank accounts, houses, cars and family members to get to the States and stay there. All those things that they promised would be why they have to go home.

The B1/B2 system is broken, but no rules are bent or broken when a tourist visa is denied.

on a different and a casual note, Did you voted for Scotland or UK ?

[MacUK 983]

Well actually, it does seem like that. A CO once told an applicant that he and his wife look like just from looking at the applicant and the picture of petitioner and that was the end. The logical thing would have been to other a DNA test or something to back up that claim. You would never hear anything like that from any part of the world than an embassy in Africa.

So if they are going by rules, then what are the rules for "discretion" used by CO?

"Discretion" and "rules" do not fit together.

This is a discussion about tourist visas, not immigrant visas.

With tourist visas everything is down to the discretion of the CO in his perception of the applicants intent. 214(b) is the rule that gives him that discretion.

As it's written, 214(b) is pretty much impossible to bend or break as it is based completely on one persons opinion. An opinion based on something that is unquantifiable, another persons intent.

[MacUK 983]

on a different and a casual note, Did you voted for Scotland or UK ?

Although I do say 'Englishman living in Scotland' England is just the geographical area I was born in, first and foremost I am British and voted to keep the United Kingdom intact.

Although I do think it would have been exciting to have been there at the birth of a new independent country (and one that would have gained that independence without much bloodshed), I cannot say that I believe that Scotland would have been a success on its own.

[almost_umrican 53]

Although I do say 'Englishman living in Scotland' England is just the geographical area I was born in, first and foremost I am British and voted to keep the United Kingdom intact.

Although I do think it would have been exciting to have been there at the birth of a new independent country (and one that would have gained that independence without much bloodshed), I cannot say that I believe that Scotland would have been a success on its own.

Thanks man, good luck with your B2. cheers

[KierenHby 897]

Yes I am looking for the best combination for an assured visa for everyone.

There is no set of combinations that might improve someone's chances. As you also posted in another online forum too, it's best to go and be honest with all questions. Sadly, a number of Indian nationals visiting the US on a B2 end up not returning back to India. It's possible that some may be granted visas while others may not.

[almost_umrican 53]

There is no set of combinations that might improve someone's chances. As you also posted in another online forum too, it's best to go and be honest with all questions. Sadly, a number of Indian nationals visiting the US on a B2 end up not returning back to India. It's possible that some may be granted visas while others may not.

that is true