How do we reapply for my parents' US visitor visa?

Question

I have been on H1B status since 2011 with approved petition until 2020. My green card is under process (I-140 approved). Stamping was done last year in India. I am currently in California.

My parents' visa was denied on April 5, 2018 at the Mumbai consulate, India. I was sponsoring the trip and I have enough balance in my US bank account. The reason we showed for their visit is tourism.

The rejection was under 214(b). They didn’t ask for any document. Without asking how will you prove your ties. According to 214(b), the applicant should have ties to their home country and have a reason to come back to their own country. My parents have their own properties in India, 2 kids and grandkids in India.

Now I want to re-apply for their visa but this time the situation is totally changed. My wife was critically ill and passed away mid May 2018. So, my daughter (9 years old) and I want my parents to stay with us in the USA for a few months so that we get emotional support and help us to overcome grief and depression. Any suggestion on how to reapply for my parents’ visitor visa?

Answer 1

With your wife’s death, and you left with the care of a young child, you may have an even greater burden to prove your parents’ intent. The plan to be with you for several months suggests that they may not have employment obligations and may have limited finances implied by your sponsorship . Consular officers will look at their circumstances (including their finances, not just yours), and will consider how often they’ve visited you in the last 7 years and how long they’ve stayed on each visit. While your parents own property, and have grown children and grandchildren, those may have been viewed as limited ties.

Under such circumstances, consultation with a US immigration attorney would be advisable (rather than that of random strangers on the Internet, as we are here). Condolences for your loss.