Tourist visa denial - options for US citizen relative

[skatz 29]

Hello,

My dad applied for a tourist visa over 3 years ago and his interview kept getting pushed by a year every time thanks to COVID.

Today he finally had his interview. He told the IO that it's been 3 years since he came to visit us and while he couldn't come visit, he missed my wedding and his first grandson's birth. 

He was immediately denied on the grounds of 214b. We prepared his paperwork for months and made sure that he had any possible proof to show that he can not only pay for his trip, but has every intention of going back home.

The IO made it very clear that he's not interested in seeing ANY paperwork he had with him and immediately denied his case. It was almost like he made up his mind the moment he met my dad.

We're losing hope at this point and we're very frustrated. 

Is there anything I can do as a US citizen from here to help? Talk to a state senator? File I-134 form? We'll do anything at this point.

Edited August 16, 2022 by skatz

[canadian_wife 1,791]

Sadly, no.  You the USC cannot do anything (senator, I134, etc) your father must qualify on his own.

 

Him not being able to pay for his trip is a red flag, what evidence did you show that he must return to his home country.

Good luck

[skatz 29]

12 minutes ago, canadian_wife said:

Sadly, no.  You the USC cannot do anything (senator, I134, etc) your father must qualify on his own.

 

Him not being able to pay for his trip is a red flag, what evidence did you show that he must return to his home country.

Good luck

He brought a lot of paperwork that shows that he can very easily pay for his trip as well as evidence that shows that he owns a business with employees and therefore has every intention to go home. The IO specifically said that he doesn't want to see any of this, so he couldn't even prove any of that.

I suggested the I-134 not because my dad can't pay for his trip, but only because me being a citizen might help? I don't know anymore...

[powerpuff 5,907]

18 minutes ago, canadian_wife said:

Him not being able to pay for his trip is a red flag,

From the way OP said it, the father was able to pay for his own trip.

 

@skatz unfortunately, it’s not surprising he was denied. Having family in the US, especially immediate relatives such as children, significantly decreases his chances of obtaining a tourist visa. You as a US citizen can’t do anything for your father unfortunately. 

Edited August 16, 2022 by powerpuff

[Crazy Cat 39,267]

2 minutes ago, skatz said:

I suggested the I-134 not because my dad can't pay for his trip, but only because me being a citizen might help?

Being a citizen harms his case.  Some parents of US citizens "visit", then stay.

Edited August 16, 2022 by Crazy Cat

[skatz 29]

1 minute ago, Crazy Cat said:

Being a citizen harms his case.  Some parents of US citizens "visit", then stay.

This is just outrageous, he has no intentions of staying here 😔 

[skatz 29]

What about applying for a Green Card for him, after this denial? Could this affect the decision?

[Crazy Cat 39,267]

1 minute ago, skatz said:

What about applying for a Green Card for him, after this denial? Could this affect the decision?

That would show immigrant intent.  That could harm his case for a B2 , as well. 

[Crazy Cat 39,267]

3 minutes ago, skatz said:

This is just outrageous, he has no intentions of staying here 😔 

By law, every person who applies for a B2 is already assumed to have intent to stay in the US and adjust status.  It is his responsibility to overcome this assumption.

[powerpuff 5,907]

3 minutes ago, skatz said:

What about applying for a Green Card for him, after this denial? Could this affect the decision?

So after all the intention for him is to live in the US? 

[Verrou 1,899]

7 minutes ago, skatz said:

What about applying for a Green Card for him, after this denial? Could this affect the decision?

applying for green card only useful if ur father intend to live in US for minimum 6 months / year. 

otherwise there's no use of applying for greencard if he's only visiting for less than 6 months / year

 

for most tourist visa appointment, the officer hardly ask for evidences/proofs. i heard story that the officer usually already made their mind based on the DS-260.

 

i brought tons many decade ago and the officer told me not to give anything that he didnt ask for

Edited August 16, 2022 by Misscloud

[skatz 29]

Just now, Crazy Cat said:

That would show immigrant intent.  That could harm his case for a B2 , as well. 

Oh no, what I mean by that is if nothing else works, and he just can't get a tourist visa, maybe a different approach would work - get him a green card.

My last question was around whether the tourist visa denial could affect the decision on the GC case. That's a long shot I feel like

[canadian_wife 1,791]

8 minutes ago, powerpuff said:

From the way OP said it, the father was able to pay for his own trip.

Thanks!  you are right, I misread

 

OP  - I think you are also right, the IO made is mind up before the interview

What country is your father from?

 

Good luck 

[skatz 29]

1 minute ago, powerpuff said:

So after all the intention for him is to live in the US? 

It's really not, but if the tourist visa option is off the table, I must try to find a different way.

[Crazy Cat 39,267]

1 minute ago, skatz said:

Oh no, what I mean by that is if nothing else works, and he just can't get a tourist visa, maybe a different approach would work - get him a green card.

My last question was around whether the tourist visa denial could affect the decision on the GC case. That's a long shot I feel like

A B2 denial, in itself, will not impact an immigrant visa.  So, he does have immigrant intent?