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KV89

Previous B2 Visa Denial. Tips for Re-applying?

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Hi! My husband recently became a U.S Citizen on 4/3/24, after having a 2 year conditional green card. He would like his parents to come visit us in the U.S, but we would like to know what we should do differently for the second B2 application. The first time his parents applied was in March 2023 and they were denied under section 214(b).

 

For reference, his parents reside in Trinidad and Tobago and my husband is their only child who now lives in the U.S. His dad has been working for the same company for the past 15 years and his mom has been working for the same employer for the past 10 years. They both own one vehicle, which is under his mom's name (only one owner is allowed to be on a vehicle ownership in their country). Also, they have their own house but the land it sits on is owned by his dad's parents, so they don't have a property deed with their names on it. However, they do have utility bills but they are only under his dad's name (only one person can be listed in their country). Lastly, they do not have any outstanding loans and they've never traveled outside the country.

 

The first application they submitted in 2023, they provided all the proof I mentioned above and with that they were still denied. The officer asked if they own a home and how many children they have. Once they answered that they have one child, they were immediately denied.

 

We would like to try applying for the B2 visa again soon, with proof of a registered business that they've had for years but didn't register until recently. Also, his mom is now the caretaker for both her parents while still maintaining her normal M-F job. What other proof should we add to their applications? Also, do the chances of approval increase if we decide to apply for one parent then the second parent next year, rather than applying for both at the same time?

 

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47 minutes ago, KV89 said:

The officer asked if they own a home and how many children they have. Once they answered that they have one child, they were immediately denied.

Did they answer positively about owning a home? Can they prove it at all (if needed)?

 

They can try again, but as you seem to know, the previous denial will make the success less likely. The CO would want to see how the circumstances have changed since the last unsuccessful application. Good luck!

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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1 minute ago, randomstairs said:

Did they answer positively about owning a home? Can they prove it at all (if needed)?

 

They can try again, but as you seem to know, the previous denial will make the success less likely. The CO would want to see how the circumstances have changed since the last unsuccessful application. Good luck!

They did answer positively, explaining that the land is owned by the dad's parents and that they've been living there for over 20 years. But no they don't have any documents for the house with their names on it, since they just built a house on the same land used by the grandparents and other family members.

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It's hard to tell. Owning a business and a home is one tie to the country, having to provide care for parents is another. On the balance, these ties to their home country must be stronger than their incentive to immigrate to the US. Having their only son in the US is a pretty strong incentive to immigrate. Their business in the home country had been informal for most of the time. You can see how the consular officer will weigh these ties versus the incentives, right?

 

But, they surely can try, and as mentioned before, the more new circumstances they can report, the better.    

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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