? for Umesh, mmorales and to all my Friends at ILW.com please comment,

(I had posted this situation few months ago) A few months back my parents had applied for a tourist visa to visit the US to be with my USC wife and me but were denied on the bases that I don't have a status since I have a adjustment of status case pending. This is in spite of the fact that we both sponsored my parents and my dad has a good running business in Bombay, India. They applied once and were rejected and since you get 2 chances to apply for a visa in Bombay it was not worth going the 2nd time since according to the consulate I did not have a status. My wife wrote emails to the consulate but till date no reply. Since I had applied for AOS a year ago we hopefully estimate that we might be called for our interview sometime next year in Chicago IL. Now my question is when they go to the consulate next year and god forbid if he decides to reject them AGAIN (for some new reason) then we are planning to go to India. Now while we are there can my wife go and talk to the US consulate personally? Who is a responsible person in the consulate that she can talk to (his title)? If at all that is possible and allowed? What would be her nature of business when asked? What do you think about this situation? As far as my understanding goes my parents should not even need any sponsorship in the first place as they can support themselves as tourists and are good on their own cause they have been to nearly 15 European countries and never overstayed in any country and have no intention of living in the US permanently. Your comments, opinions and suggestions are really welcomed in this matter. It is been more then 2years now that I have not seen my parents and on top they have not even met their new bride(my wife) yet they are not getting young my dad is 63 and mom is 57. If I had know about this problems years ago when I was a student on F1 I would have told them to apply for a visa then and they would have had a tourist visa for 5 year but too late now. Please help. Thanks.Thanks friends for the advice and the best wishes from me to you.


V Rao

(I had posted this situation few months ago) A few months back my parents had applied for a tourist visa to visit the US to be with my USC wife and me but were denied on the bases that I don't have a status since I have a adjustment of status case pending. This is in spite of the fact that we both sponsored my parents and my dad has a good running business in Bombay, India. They applied once and were rejected and since you get 2 chances to apply for a visa in Bombay it was not worth going the 2nd time since according to the consulate I did not have a status. My wife wrote emails to the consulate but till date no reply. Since I had applied for AOS a year ago we hopefully estimate that we might be called for our interview sometime next year in Chicago IL. Now my question is when they go to the consulate next year and god forbid if he decides to reject them AGAIN (for some new reason) then we are planning to go to India. Now while we are there can my wife go and talk to the US consulate personally? Who is a responsible person in the consulate that she can talk to (his title)? If at all that is possible and allowed? What would be her nature of business when asked? What do you think about this situation? As far as my understanding goes my parents should not even need any sponsorship in the first place as they can support themselves as tourists and are good on their own cause they have been to nearly 15 European countries and never overstayed in any country and have no intention of living in the US permanently. Your comments, opinions and suggestions are really welcomed in this matter. It is been more then 2years now that I have not seen my parents and on top they have not even met their new bride(my wife) yet they are not getting young my dad is 63 and mom is 57. If I had know about this problems years ago when I was a student on F1 I would have told them to apply for a visa then and they would have had a tourist visa for 5 year but too late now. Please help. Thanks.Thanks friends for the advice and the best wishes from me to you.


V Rao

[Umesh Passi]

First invitation which you send should have been from your wife and your wife should have sent a separate letter to American Consulate in Bombay. If she could get a recommendation letter from a congressman, it would have also helped at that time. Now, whatever is done is done.
As I understand, you have EAD. So you can apply for Advance parole to visit your parents and you should also send copy of your wife's passport with that to the Immigration specifying that you and your wife are going to India to see your parents. You will be issued One year AP and that will be multiple entries.
While over there, if your wife want, she can go to Citizens Services and talk to Consular Incharge there and talk and enquire about anything from them.
Once you and your wife are there, your wife can not ask for their visit Visa. May be after sometime, she can invite them to visit here.
Good luck.

Your wife can talk to Consular officer but it will not change any decision made by Consular officer. He/She can only grant visa on merit and not on recommendation by USC. Good Luck.

Hello Umesh,
First of all thank you so much for you ever-fast response I really appreciate it. Okay when my parents went for their interview they had a letter from my wife and me plus countless other documents (employers letters, tax papers, letter from INS about my AOS and many more) with them BUT inspite of repeated plead by my dad to show the documents he just flatly refused to even look at them by saying NO. I just think that the officer was getting nothing but Revenge through my parents (since I came to the US on Student visa and applied for a AOS) I think it is a way of getting back to me by making me suffer I guess. Even though my dad says that the officer was a very young guy and respected my dad and did not use any high tone of voice but just said that since your son does not have a status he cannot issue a visa to them since they have all my details in their computer. Yes you are right I have my EAD (which expires in Sept and I have already sent my renewal to the new BCIS) sure I can apply for AP but many people on this board and the people I have talked to and with so much uncertainty in the world today people have advised me NOT to leave the US till at least I get my stamp on the passport so I am tied from all sides and hence we have decided to go to India only after interview. If my parents get rejected again for some new reason we are going to India but I was hoping that my wife can do the talking since she has more rights then me or my parents who these days have none.

VRao

Well, i don't know what the hell i am doing over here on yr thread since i am not Umesh nor Mmorales as you have asked for their help only, and i don't know either am i your friend or not to be included in 'all yr friends' as you have mentioned. Anyway, let me comment on yr situation.

First of all, you need to take it out from your mind and heart any negative speculations about consular's act in denial the issuance of visitor visa to your parents. Your parents are the one who have disclosed yr presence here in the United States at first place because you are not in legal status yet. Filing the papers work for AOS, or having married to a USC doesn't mean that you automatically reserve the "STATUS" or have any legal right as a legal person here. The EAD you have, is just for work purpose only, and it means nothing, because it is allowing you merely to work until yr case is processed, that is, and marrying with a USC doesn't mean that you will guaranted receive the green card, while you need to go thru all the processing requirements including overcoming all the grounds for its ineligibility.

How can a consular officer believe on yr parents' nonimmigrant intent when you also came here on F-1 visa by showing yr nonimmigrant intent, but then now trying to change the status with immigrant intent. In view of yr situation, it also makes yr parent's credibilities in doubt. I don't even know how you can even sponsor yr parents when you don't have any legal status yet, since you have said that you and wife sent the sponsorship letter to yr parents, and even when you will have status, consulate won't give them visa anyway, because visa officer would presume them as an 'intended immigrant'. Yr parents were not denied just because you have no legal status, because yr parents don't need anyway any sponsorship from you or from anyone since they can afford the expenses by themselves as you said in yr post so why embassy will even care about yr stutus or not. The reason they were denied because consular presumes them as a intending immigrant.

Even if you had F-1 status previously, or yr parents have good running business, or have visited 15 European countries and never overstayed there, it doesn't mean that they would not live here permanently in the mind of consular officer, specifically when you have also violated the terms of student visa (which is also a nonimmigrant visa). You and i can understand that yr parents have no intention to live here more than authorized periord of their visa, but not the visa officer. Your wife can contact whoever she wants in embassy or congressperson, but it won't do any good whatsoever, because govt does its work on the basis of merits rather than on recommendations, and it has nothing to do with anybody's individual rights. She can not do anything at all to make yr parent to get VISITOR VISA, because there is no any law apply for visitor visa. This visa is totally a DISCRETIONARY VISA, which means that even if someone has billions of dollars, or have undisputed ground to visit here, but consular doesn't want to issue the visa then nobody can do anything, even consular's boss can not interfere in it nor even anyone from headquarter of U.S. State Dept in Washingtion D.C. Visitor visas are issued under the sole discretionary authority of visa officer and no any paper works or any other reason can guarantee this visa. All you can do in the last to ask for 'advisory opinion' from State Dept on yr parents' case, that is, but it doesn't mean that they will change visa officer's decision, while if they find yr parents' case very compelling then they will remand the case back to same officer to review it again in the light of their opinion. This visa is not a immigrant visa wherein you can file appeal or ask for review to higher authority. However, yr parents are allowed to apply as many time they want, but it is true that they can only apply two times only in India, but it means in person only, but they are allowed to apply as many time as they want thru mail if they have any compelling reason to apply. Even though if you become a legal here, i highly doubt it that yr parents would be able to get tourist visa since they still need to prove their nonimmigrant intent regardless, and there is nothing they can show in order to prove their nonimmigrant intent. However, most of time, if applicants are over 50yrs old, and have good ties (social & family) in their community at oversees, have children, have good assests, have a good job,bussiness or anything like this nature then those people have good chances to get visitor visa. But, it seems strongly to me that the consulate doesn't even care yr parents'age, business, their visits to others countries etc because they knew that their son (you) are here( regardless of legally or illegally) and possibility that yr parents would stay here one way or other, close to you, especially mostly parents from India do this all the time and State Dept is aware of this. I have seen personally a case wherein visa officer had issued a visitor visa to a homeless who has no even 1 cents in his pocket, and no job, no family ties, no assets, no bank balance at all, which also proves that THIS IS A DISCRETIONARY VISA. I also have seen many cases wherein if once an application is denied for this visa, then second time other officer or the same officer don't even see whether or not applicant has overcomed the the reason of last denial, and deny the application solely based on last denial and don't check any any development or any new evidences. Govt. doesn't have time to reply on anybody's email unless you have attorney on yr case.
In my view, if you have baby then your should try to to have some kind of baptism ceremony or name keeping ceremoney and send a printed card to yr parent with a invitation letter which should include the reason to join that ceremony. I have seen that in these types of situation most of time consuler officer does issue the visas to parent or close family members since child can not visit them at abroad being an infant, and child reason is a strong reason to make the consuler sympathized toward visa issuance.

At last, you said that you haven't met yr parents for last 2 yrs, but do you know that people are separated for even more than 20 yrs from their loved-one, and can not go out of the country to meet them. I have a friend who is here for the last 15 yrs and working 7days a week very hard. She is my best friend and she is so close to her family that she spends most of her money on calling her family at abroad. Recently, her mother died at abroad, and she could not be able to go at her mother's funeral since she knew that she could not be able to come back here because she doesn't have any legal status here, and if she would have gone then she cannot support her all family by working over there. She kept cried for weeks until now because she was so close to her mother, and my heart really goes with her situation. I never saw anyone as honest, hardworking, religious, good nature, and caring person in my life so far. She came here when she was baby on tourist visa with her parents and then her parents left her with her aunt without any legal status and since then she is supporting her family back home. The reason i explained her story to you so you can compare your two years with others' situation. I wish i could do something for her, anyway good luck to you in yr parents situation.

One more thing VRao, You can not ask for advance parole just because you haven't met your parents for the last 2 yrs, or yr parents haven't met yr wife yet, instead AP is granted only if there is an emergency situation existed in yr situation so that you can travel outside the U.S. while yr AOS is pending. If i were you, i won't take a risk in travelling on AP thesedays by keeping in consideration of all the things going on around BCIS, while i will proceed very cautioneously. I just want you to know that you better try not to come on govt attention that much like you did when you send a letter to yr parents so that they can get tourist visa being you here, because they can note on yr A# about any activities what they feel inappropriate without yr knowledge and adjudication can review it before s/he approves yr green card case, and then it would be hard for you to adjust yr status, even though i know that it is not a ground of denial but they can create any ground specifically when they are denying the cases just for a little reason. In addition, you should also know that granting a green card is a PRIVILEGE instead of RIGHT. That means govt still reserve the right to deny yr application without any ground even though you have an elibibility to ask for a green card. You can not predict what govt is capable to do in yr case specifically thesedays when all the rules and laws are seemed to be inside the books only, and then your USC wife also can not protect you from deportation if something goes wrong. So, i would advise you be extra careful when you deal with govt.

very good sammy, thank you.

What is the difference b/w

1. Coming on F1, gettng job, H1, GC and eventually citizenship

2. Coming on F1, getting married, getting LPR and eventually citizenship?

#1 happens all the time and parents of such people routinely get visas (like my parents). Is #2 considered somehow worse? If so why?

vrao, you are selfish who cannot even thank persons who have tried to help you.

I have similar situation, the U.S. Consulate denied my parents a tourist visa even though my parents are aged, have good bussiness and been here previously so many times and never overstayed. This time when they told to Consulate that i am a student, and my sister is a permanent resident then they denied the visa and gave them the reason under sec 214 as immigrant intent, so Sammy is right that this visa is discretionary visa because if they like to give you then ok, if not then no paper works or anyone's status would force them to issue visa. Consulor told my parents that my LPR sister can visit them in India rather than they visit her here, it is very strange.

i have the same situation when consulate denied visitor visa to my family even if they are well-settled in Mexico. It seems to be true that visitor visa is a discretionary visa as Sammy pointed out.

The same thing happended to my parents when they went to seek tourist visa at u.s embassy at Bombay, India. After two times of rejection, they were not allowed to apply in person until 2 years more, so my parents mailed in the application with all the documents and then embassy send them the appointment letter, but denied again there application even though have good business and just wanted to visit here.

Deport 'Sammy', who is helping all illegals, law breakers, law manipulators to get settle here and we don't want them here.

It is not going to happen, Guest. So you might as well give up.