In-laws visitor visa denied 4 times

[yuehan123]

Three attempts at GUZ. All denied. This year when we called we asked for Beijing.

 

answer: "Sorry, sir, Beijing is not accepting appointments until further notice."

 

So, we asked for Shanghai. answer: "Sorry, sir, Shanghai is not accepting any applications from outside it's own area."

 

OK, OK we asked for, and received, Chengdu. Know what we found interesting? Each consulate web site's layout, explanations and requirements are different.

 

Look, we know the drill by now. Mom and dad had everything:

Relationship to wife

Income letters (retirement)

Savings books

House Ownership (multiple)

Family Ties

Photos

Family book

 

The exception? They are very poor.

 

We sent the invitation letter, with time lines, Proof of Support with proof of income well above poverty level, additional photos and Proof of income from employers all in duplicate.

 

Oh, yes, we called immediately after the denial. The answer: "You must send an e-mail." Us, 'nonsense' let us speak to someone. Answer, 'let me check....sorry, no on is available, why don't you come in?' Us, 'nonsense, we live in the US. Please let us speak to a supervisor. 'OK, wait....' "SORRY SIR, AN OFFICER IS NOT AVAILABLE TO SPEAK WITH YOU. YOU MUST SEND AN E-MAIL OR COME IN ON AMERICAN CITIZEN HOUR."

 

so, I sent an e-mail the day of the denial. Here is their "rubber stamp" answer-

 

Subject: RE: Visa Denial Visitor

Date: Mon, 29 Nov 2010 18:14:44 +0800

From: ConsularChengdu@state.gov

To: ......

 

Dear Mr.....,

 

 

 

Your parents-in-law¡¯s applications were denied based on a failure to overcome the presumption of immigrant intent as required by Section 214b of the Immigration and Nationality Act by showing compelling ties to their home country. They are free to reapply at any time. However, unless something significant changes in their circumstances, it is unlikely that a new interview will yield a different result.

 

We regret that we cannot be more encouraging.

 

Sincerely,

The Consular Section

 

 

Mom and dad are old. They are already retired. Pray tell, which circumstance could possibly change?

 

Yes, my wife is a citizen now, so of course, the presumed intent to immigrate will come true because now they have forced us to apply for immigration on an Immediate Relative of a Citizen basis. Why? Simply because mom and dad are poor. Pretty stupid system.

[chilton747]

Sounds like a petition for immediate relatives is in order.

 

I certainly have to agree that it is a pretty stupid system. And trust me, I understand stoopid.

 

Good luck in your endeavors!!

[dnoblett]

Note there is no jurisdictional districts with regards to which consulate or embassy can apply for a visitor's visa.

Step 1: Decide where to apply.

 

If you live anywhere in China, you can apply for a visa at the Guangzhou Consulate, as well as at the U.S. Embassy in Beijing or at one of our other Consulates in Shenyang, Shanghai, or Chengdu.

http://guangzhou.use...w-to-apply.html

 

Perhaps having a document showing assets being frozen for the duration of planned trip.

 

Whoever gave you the "Not Accepting Appointments" perhaps did not know what they were talking about, also appointments are set by an outside agency

 

Visa Information Center for the U.S. Embassy and Consulates in China

 

The Visa Information Call Center provides non-immigrant visa-related information to visa applicants and schedules non-immigrant visa interview appointments for the U.S. Embassy in Beijing and the U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang.

 

Contact Information

 

The Visa Information Call Center can be reached by dialing 4008-872-333(toll free) or from within China or internationally by dialing 86-21-3881-4611 (local Shanghai number).

 

All non-immigrant visa appointments for Mainland China are now made through the Visa Information Call Center.

http://guangzhou.use...on_center_.html

 

Do your in-laws plan on immigrating in the future perhaps after a visit? If so then perhaps this is the easiest route anyways.

 

(NOTE: Petition can only be filed by their biological son or daughter, and can only be filed after their son/daughter becomes a US Citizen. A US Citizen CANNOT file a petition for an in-law.)

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot1.png

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot2.png

 

Note #8 http://www.uscis.gov/files/form/i-130instr.pdf

Edited November 29, 2010 by dnoblett (see edit history)

[yuehan123]

Thanks guys for your replies.

 

Dan, as always you usually give out a lot of good information.

 

Sorry I abbreviated my story so much that I did not make it clear that it was the telephone Visa Section for which we paid the on-line fee that told us those answers about Beijing and Shanghai. I reckon they know that of which they speak. I'm not saying Beijing or Shanghai might not open up later. I am saying that they were not open for the dates we asked for on the day we called.

 

And yes, just to confirm, it is my wife who is the biological child and who will do the applying for immigration.

 

Does anybody care to count how many people have brought their in-laws on a visitor visa and then 'obtained' a green card (i.e. immigrated them). It makes the reason for denial of everybody else acutely obvious, doesn't it? A rhetorical question, of course.

 

Dan, I realize your answers are intended to help guide those who follow.

[dnoblett]

Does anybody care to count how many people have brought their in-laws on a visitor visa and then 'obtained' a green card (i.e. immigrated them). It makes the reason for denial of everybody else acutely obvious, doesn't it? A rhetorical question, of course.

 

Dan, I realize your answers are intended to help guide those who follow.

 

Oh it happens all the time, a parent comes to visit for a couple months, finds it hard to return home and then apply to adjust status, and USCIS hardly ever denies this as long as immigrations was not the original intent of the visit, and is hard to prove otherwise, unless the AOS was filed within days of entry.

 

This is the more expensive route though!

 

Visit visa then AOS costs $140 + $1070 for AOS ~ $1210

Petition for a immigrant costs $430 + $400 ~ $830

[bullmastiff]

It makes sense , Dan .

That's why unless they are well off economically or have some other compelling reasons , most likely tourist visa application will be denied.

Despite of China status as #2 GDP size, the Chinese GDP percapita is still considered as a poor nation. Until this is improved significantly , the trend of denying visa will continue.

[C4Racer]

Three attempts at GUZ. All denied.

 

Pretty stupid system.

 

 

More like a scam as they get $100 for every denial.

 

We quit after the second one. Mom and Dad are with us now.

 

Won't let them visit. Fine. Immigration it was..

 

Goes pretty fast and they can stay as long as they want.

[warpedbored]

It's a vicious cycle. The visa process takes so long that some people get a visitor's visa then file for LPR. In reaction GUZ makes a visitor's visa nearly impossible. Then people decide to file for LPR since it is easier and parents end up immigrating here when they might have just come for a visit.

 

The key is ties to China. Jobs, grandchildren, property, savings, organizations they may belong to. Anything and everything that will show they will return to China.

[bullmastiff]

It's a vicious cycle. The visa process takes so long that some people get a visitor's visa then file for LPR. In reaction GUZ makes a visitor's visa nearly impossible. Then people decide to file for LPR since it is easier and parents end up immigrating here when they might have just come for a visit.

 

The key is ties to China. Jobs, grandchildren, property, savings, organizations they may belong to. Anything and everything that will show they will return to China.

 

 

and ... money, money and money. For Chinese with a lot of money, there is no reason for them to stay in the USA . Life in China is much more fun if one has a lot of money.

[Lee VD]

Congressperson? In this case maybe it would help a little. Its completely absurd to not allow someone to visit the U.S. when every tie they have is shown and they show no harm to the U.S. This presumption of immigration unless proven (impossibly) otherwise should not be legal.

[tsap seui]

Congressperson? In this case maybe it would help a little. Its completely absurd to not allow someone to visit the U.S. when every tie they have is shown and they show no harm to the U.S. This presumption of immigration unless proven (impossibly) otherwise should not be legal.

 

Well......I've said it a hunnert times, and I'll say it again. With the DOS in China, it's "guilty until proven innocent....and we ain't gonna let you prove yore innocence....you just wait your F'in' time and maybe we'll let your loved one/s go to our Promised Land. We have no oversight on us, and we don't care about YOU."

 

I feel for anyone with problems generated by the arrogant Americans who work for the State Department in China. You learn to wait your time, and you NEVER give up on your goal. The system is not going to change, corrupt as the DOS is, they are not going to change, and no one can change them...there is NO oversight.

 

tsap seui

My strong and humorous wife and I are happily waiting, as our only other option against a corrupt and criminal system is to curl up in a fetal ball in the corner sucking our thumbs and crying poor us. That ain't gonna happen, the United States government is NOT gonna beat us.

[yuehan123]

Following the 2nd denial I did appeal (ha!) to both senators. Their reply? You can guess.

'Thank you for contacting our office. We have checked on this case with the consulate. The answer is ....... failure to overcome the presumption of intended immigration.' I contacted both offices again this time. The result? No answer of any kind.

 

As for all that proof recommended by so many of you? It's the same as your sweethearts' rejections at GUZ, it matters not how much of the kitchen sink you bring.

 

Dad has always been asked the same question, and no, it wasn't 'let me see your proof' it was "How much do you earn?"

 

During those four interviews their stacks of proof have rarely, if ever, been touched by the interviewer. Usually mom and dad leave still holding the entire package without ever being asked to hand over any of it.

 

Oh, yes, we'll keep on, as ridiculous as it is. My wife will immigrate them, at least apply to immigrate them.

 

Isn't that the ultimate irony? Mom and Dad don't want to immigrate, yet the consulate will force them to do just that and only so they can visit.

[bullmastiff]

I am so sorry to hear that . It is a reality , though. They don't know you personally and they don't want to know your case personally . Too many bad cases , unfortunately, it spoils the whole thing .

 

Sure, money / assets is what counts. Being rich in China is very nice , it is a determining factor that one will return home .

Just look at this article . Who can do this kind of thing in the US without the fear of getting a law suit of discrimination or harrassment ???

 

http://www.chinahush.com/2010/11/29/beautiful-girls-walk-runway-for-ceo-high-end-jobs/#more-7832

[tkgert]

If these heartless SOB,s would look at all the extra info that you bring them,, we would certainly have more approvals in many case,s . This is very sad and unbeleivable that people are treated this way.We can pack our bags and go there with no problem. A very screwed up way to deal with family and loved ones. Everyday there are more stories of this BS,, .

[Yuanyang]

Just asking ... do they have the same requirements if the in-laws are English, French, Russian, Mexican?