How to sue/appeal US consul decision?

Question

I’m an US citizen, my mother is not and lives overseas. I just had a baby and invited my mother to visit us but the consul denied her visa request stating that she is a potential immigrant and does not have strong ties in her country (the usual excuse for denial). But she does have ties and does not want to live in the states. I e-mailed him a few times explaining the situation and he said the same thing that she is a potential immigrant and that’s it. How can I appeal his decision or sue him? This is becoming personal because he refused it twice even after I explained everything and swore that she would be back. Any ideas?

Answer 1

Right or wrong, your explanations mean nothing to the Consular officer in the visa determination process. Even if you were to swear on whatever is holy to you, that she would return home, it has no bearing. This is not about you.

Your mother was denied under Section 214(b) of the Immigration and Nationality Act (INA), which basically states that every otherwise qualified alien shall be required to overcome the presumption of being an intending immigrant in order to be issued a non-immigrant visa.

If you wish to sue the US government, you will first need to receive permission from the government, but it is highly unlikely that you would prevail. You cannot appeal the decision, per se. Immigration law delegates the responsibility for issuance or refusal of visas to the Consular officers. By regulation, the State Department does not have the authority to review consular denials which are based on factual determinations.

Your mother may re-apply, and will be interviewew by another Consular officer, but until her personal, professional, and or financial circumstances change considerably, it is unlikely that she will receive the visa.

Answer 2

Hi -- ignore the first two well-meaning but wrong people, and listen to Curious1. He's exactly right. Unfortunately, visiting grandmas sometimes don't obey the law as much as you'd think -- depending on the culture, they sometimes have a horrible track record of overstaying visas.

Regarding the first two answers, the Ambassador generally has nothing to do with issuing non-immigrant "tourist" visas, nor should he/she; neither does Homeland Security.

Answer 3

Appealing to the new immigration department is VERY difficult because it now is with the Homeland Security Department.

I would, and listen to me ok, appeal to your congressional members. Sit down and write them a long letter telling them about your child, your mother and that you have no intent for her to migrate here. Normally this works because you are on record as stating such.

Seriousl, I wish you the best with this...

Answer 4

File an appeal addressed to the Ambassador so that appropriate action will be taken. Cite valid reasons so that the visa will be considered.

Answer 5

you have thoroughly mis-quote the object. The remark (in case you click on the link which you, your self provided) became : "i became on a 24-hour prepare holiday from Delhi to (the jap Indian state of) Orissa. "yet, after seventy two hours, the prepare nevertheless did no longer attain the trip spot... and my epidermis grew to become grimy and darkish like the Tamilians." i think of what she meant became that her epidermis grew to become grimy and he or she observed it became now a similar color via fact the the countless human beings she had met in her travels with the aid of India. This became nevertheless a stupid subject to assert, yet she quite did no longer use the term gruesome nor did she use the n be conscious. and he or she did no longer call the Tamilians something different than darkish skinned. Please verify your info earlier you stir the pot.