Tourist visa denial - options for US citizen relative

[Crazy Cat 39,386]

3 minutes 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 Green card is for living in the US. It cannot be used as a visitor visa.

[skatz 29]

Just now, Crazy Cat said:

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

If we could take the tourist approach, we'd much rather do so. But if the tourist option is off table, I will do anything at this point. Is there another option that you see at this point? Another visa appointment would probably take years again, and why would it be approved next time?

[Crazy Cat 39,386]

Just now, skatz said:

I will do anything at this point. Is there another option that you see at this point?

Where does he live?

[powerpuff 5,919]

2 minutes ago, skatz said:

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

A different way as in have him become a US permanent resident? Green card is for making a US your permanent home,  not visiting once in a while.

 

1 minute ago, skatz said:

Is there another option that you see at this point?

a) Have your family visit him in his home country b) you all meet for vacation in a third country 

2 minutes ago, skatz said:

why would it be approved next time?

Different CO, might get lucky 

[skatz 29]

2 minutes ago, powerpuff said:

A different way as in have him become a US permanent resident? Green card is for making a US your permanent home,  not visiting once in a while.

 

a) Have your family visit him in his home country b) you all meet for vacation in a third country 

Different CO, might get lucky 

I know the difference between an LPR and a tourist, I went through the immigration process myself.

What I meant was that if the tourist option is off the table, what other way does he have to come here? Being a Green Card holder, with everything that comes with it - actually having to live here? I just want to know our options.

You already answered this, so thank you

[Crazy Cat 39,386]

2 minutes ago, skatz said:

what other way does he have to come here?

In what country does he live?

[skatz 29]

Just now, Crazy Cat said:

In what country does he live?

Germany

[powerpuff 5,919]

5 minutes ago, skatz said:

I know the difference between an LPR and a tourist, I went through the immigration process myself.

What I meant was that if the tourist option is off the table, what other way does he have to come here? Being a Green Card holder, with everything that comes with it - actually having to live here? I just want to know our options.

You already answered this, so thank you

There is no other option. A close friend of mine who lives here hasn’t seen her mother in about 7 years and the mother never met her grandchild. She went for a tourist visa interview few months ago and was denied despite having a career and funds to pay. She has no intention to immigrate here so GC is off the table. As I suggested to you earlier, their plan is to meet in a third country for vacation. 

Edited August 16, 2022 by powerpuff

[skatz 29]

Just now, powerpuff said:

There is no other option. A close friend of mine who lives here hasn’t seen her mother in about 7 years and the mother never met her grandchild. She went for a tourist visa interview few months ago and was denied despite having a career and funds to pay. She has no intention to immigrate here so GC is off the table. As I suggested to you I earlier, their plan is to meet in a third country for vacation. 

This is so sad. I just can't believe they're doing this to people, especially ones that have no intention to stay.

Just to be clear - I know it sounded like from my last responses that I intend to help my dad immigrate here, but that's not the case. I am just looking for any possible way for him to come see his grandson. It's frustrating

[powerpuff 5,919]

2 minutes ago, skatz said:

This is so sad. I just can't believe they're doing this to people, especially ones that have no intention to stay.

Just to be clear - I know it sounded like from my last responses that I intend to help my dad immigrate here, but that's not the case. I am just looking for any possible way for him to come see his grandson. It's frustrating

It is unfortunate and I sympathize with you. You should have a talk with your father and see if he’s open to living in the US as an LPR. It’s an option that is available. Otherwise, it’s sadly either you visiting him or you all meet somewhere where he can easily travel to.

[Crazy Cat 39,386]

9 minutes ago, skatz said:

This is so sad. I just can't believe they're doing this to people, especially ones that have no intention to stay.

Just to be clear - I know it sounded like from my last responses that I intend to help my dad immigrate here, but that's not the case. I am just looking for any possible way for him to come see his grandson. It's frustrating

Agree that it is not a good situation.  I just don't know.  In 2019, the B visa refusal rate (by nationality) for Germany was only 9%.  That's very low.  

[Dashinka 23,306]

48 minutes ago, skatz said:

Germany

So VWP/ESTA is not available for him?  The B2 is not off the table completely, he can always re-apply as many times as he wants, the DoS will be happy to take his money.  It is unfortunate that the actions of others have made it the law that CO's have to automatically assume immigration intent when reviewing the DS160.  Personally, I would agree with @powerpuff, maybe plan a trip to Germany, or somewhere else in the area, and have him re-apply for a B2 in a year or so.

 

Good Luck!

[AOSFairfax 111]

1 hour ago, skatz said:

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.

Since he lives in Germany but had to apply for a B2 (rather than traveling under ESTA) I assume he is not a German citizen? The only alternative I can think of in this situation is that he becomes a German citizen and can then travel with an ESTA to come visit whenever he wants. Of course, I don't know what the German citizenship process looks like or if that's an option to him but that seems easier than going through another B2 or GC

Edited August 16, 2022 by AOSFairfax

[Timona 3,956]

3 years B-2 appointment in Germany?? I looked online and it says 35 days for Berlin B-2. Your dad clocked 3 years??

 

1 hour ago, skatz said:

Germany

 

Edited August 16, 2022 by Timona

[Boiler 43,597]

Obviously a lot more to this situation, I also assume the Father is not German as the VWP would be the simple and easy option.

 

The CO had of course access to all the info we do not so second guessing seems pointless.

 

Is there any reason you can not visit him?