I'm US Citizen and my parents are in India and they have applied for their tourist visa several times and it got denied everytime and they were handed a letter stating that they are ineligible for a nonimmigrant visa under section 214 (b). They have enough property and all my family lives in India except me but the immigration officer never looked at the documents.
I would like my parents to come visit me and one of my friends suggested that I should apply for their green card since I'm a US Citizen. I am concerned and was wondering if their B1/b2 visa rejection will impact their green card application? Please advise if their B1/B2 visa rejection can have a negative/or any effect on their green card processing?
Thanks so much and I'll look forward for your advise
By any chance did you use a B,or F to enter the US originally? If so, they take that into consideration ... viewing it as a family 'trait' of not going home.
Yes, you can file for their greencards .. but NOT TO VISIT. If they immigrate to the US, they need to make the US their home.
Otherwise, you're better off going to India to visit with them.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
That wasn;t a prudent decision to apply so many times. At least now you should understand that you will need professional help. Work with an attorney to approach it correctly.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Their previous B-1/B-2 visa denials based on (suspected) harboring "immigrant intent" should not now have a negative effect on their eligibility for "immigrant visas" based on their US citizen son, however, they could still be accused of having attempted to commit "fraud" on their previous visa applications and necessitate major legal work.. Best to associate an attorney on this from the get go.
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No. That denial will not have any impact on them as beneficiary of your petition as a USC.INA 214(b) denial presumes immigrant intent for a non-immigrant applicant. Since the consulate office knows that you are a USC, that gives an automatic presumption of immigrant intent!!!! The solution: Claim your right as a US Citizen. Let's file for them as immigrants! You will be the petitioner. Since they have some assets back home, they more not like the idea. Dont blame them because once they are admitted as immigrants they have tax liabilities as LPR. Depending on their income, they may not like that. On the other hand being a LPR commands some benefits that may lead to becoming US Citizens. If you have younger siblings back home, they too may benefit from them. LPR means Lawful Permanent Resident aka Green Card Holder.
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