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 -- forget approximately with regard to the 1st 2 properly-meaning yet incorrect human beings, and hear Curious1. he's exactly spectacular. regrettably, vacationing grandmas each so often do no longer obey the regulation as much as you will think of -- reckoning on the custom, they each so often have a terrible song checklist of overstaying visas. with regard to the 1st 2 solutions, the Ambassador many times has no longer something to do with issuing non-immigrant "vacationer" visas, nor could he/she; neither does fatherland protection.