My parents applied for visa last May as my brother was graduating then. But due to some circumstances, even though they got the visa, they were not able to come here for the graduation ceremony. Now they have decided to come on December during Christmas. Does anybody know if they have to retake the visa? (They had got 5 years visa). Will there be any problem in the port of entry as they applied for visa to attend the graduation ceremony and now its already late for the graduation ceremony?

No problem at all. I repeat, NO PROBLEM AT ALL.

I would not take that risk as my parents were returned coz they applied for VISA mentioning "my sons graduation" but at the port of entry they were told your son already graduated why are you coming so late after graduation. I so much regret for not having money at the time of graduation to have them over and now I could not have them here at all. It was a total waste of money as I lost the money for the ticket. Not only that their VISA were voided so their visit to US is a miracle.

Forgot to mention that it was possible in the past coz my friend did the same a year before I did it but now the Immigration is very tight.You have to come within 90 days. There allow 90 days time frame for unusual circumstances that is what my parents were told by the immigration officer.This is a fact so don't listen to other sajha users as they like to waste their time writing crap to waste their time.

So. Do you think they will have to apply for visa again? Or if I send them the "visiting letter" from my university, will they be able to enter US with the visa they had and with the current visiting letter.  

Seems the situation has changed a lot...I am totally shocked...Sorry for americanboy's parents, but it is the first case I heard that had such a bad outcome.

My mom entered US last week. She is visiting second time, there was no convincing reason even in her first visit last year. Basically she told the consul that my children will be free in Summer holidays, and we will travel. She didn't even have invitation letter from school in either of her visits. Seems I was lucky.

Research more Nishedh. Never take risks.

I have seen my friend's parents came last week.They got visa for graduation in dec 2008.So no problem at all.

So, they had never been here after getting the visa? and they came to US last week with the visa they got in Dec. 2008.

there are lots of same type of cases i deal beaing a travel agents what can is say is  in this type of cases non of my passenger return or suffer any other problem till date 

www.enigmanepal.com

Gkhanal no business in this blog.Will you refund the money if something happens to his parents ???? HUH. Immigration laws have been very tight and even though there is a law a policies within the immigration it is very vague and it is total up to the officer's descretion. people have not been to return back from nepal eventhough they have H1 even if they have they are having to wait extended time frame. we have to think twice before we take any risk especially right now.My advice but your decision Nishedh bro

Does anyone know the link that I can follow to know about the written laws that I should follow about my situation or the website thats states the time frame that my parents should enter US after getting the visa?

Google some immigration blogs. I still doubt why they will stop people at port of entry when the traveller convinces the officer that the purpose of visit is genuine. Only case I have heard is 'americanboy'. Research more for the time seems changing, don't take risk.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2b289cf41dd6b70a61a078a9fbfbc379

Look especially for section 214(b) but that basically pertains to issuance of visa, nothing about the port of entry issue.

What Is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every
alien shall be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of application for
admission, that he is entitled to a nonimmigrant status...

To
qualify for a visitor or student visa, an applicant must meet the
requirements of sections 101(a)(15)(B) or (F) of the INA respectively.
Failure to do so will result in a refusal of a visa under INA 214(b).
The most frequent basis for such a refusal concerns the requirement
that the prospective visitor or student possess a residence abroad
he/she has no intention of abandoning. Applicants prove the existence
of such residence by demonstrating that they have ties abroad that
would compel them to leave the U.S. at the end of the temporary stay.
The law places this burden of proof on the applicant.

Consular
officers have a difficult job. They must decide in a very short time if
someone is qualified to receive a temporary visa. Most cases are
decided after a brief interview and review of whatever evidence of ties
an applicant presents.

What Constitutes "Strong Ties"?

Strong ties differ from country to country, city to city, individual to
individual. Some examples of ties can be a job, a house, a family, a
bank account. "Ties" are the various aspects of your life that bind you
to your country of residence: your possessions, employment, social and
family relationships.

As a U.S. citizen or legal permanent
resident, imagine your own ties in the United States. Would a consular
office of a foreign country consider that you have a residence in the
United States that you do not intend to abandon? It is likely that the
answer would be "yes" if you have a job, a family, if you own or rent a
house or apartment, or if you have other commitments that would require
you to return to the United States at the conclusion of a visit abroad.
Each person's situation is different.

Consular officers are
aware of this diversity. During the visa interview they look at each
application individually and consider professional, social, cultural
and other factors. In cases of younger applicants who may not have had
an opportunity to form many ties, consular officers may look at the
applicants specific intentions, family situations, and long-range plans
and prospects within his or her country of residence. Each case is
examined individually and is accorded every consideration under the law.

Is A Denial Under Section 214(b) Permanent?

No. The consular officer will reconsider a case if an applicant can
show further convincing evidence of ties outside the United States.
Your friend, relative or student should contact the embassy or
consulate to find out about reapplication procedures. Unfortunately,
some applicants will not qualify for a nonimmigrant visa, regardless of
how many times they reapply, until their personal, professional, and
financial circumstances change considerably.

Who Can Influence The Consular Officer To Reverse A Decision?

Immigration law delegates the responsibility for issuance or refusal of
visas to consular officers overseas. They have the final say on all
visa cases. By regulation the U.S. Department of State has authority to
review consular decisions, but this authority is limited to the
interpretation of law, as contrasted to determinations of facts. The
question at issue in such denials, whether an applicant possesses the
required residence abroad, is a factual one. Therefore, it falls
exclusively within the authority of consular officers to resolve. An
applicant can influence the change of a prior visa denial only through
the presentation of new convincing evidence of strong ties.

americanboy,

There are several ports of entry and each port of entry has several Immigration officer and there is only a guideline for immigration laws, not a definite. Everywhere and everyone is different so you never know as the situation in US is very crazy right now you dont want to take risk for anything. All I have to say is be careful.

Nishedh, did your parents made it here ? good luck if they havenot. One of my friend was telling me that one of the guy he knew had the same issue their parents were coming to visit their son a year after they were issued a visa and their VISA was voided at the port of entry and was returned back to the home country he did not tell me weather he ws from Nepal or some other countries but he was a international student.

americanboy, why r u trying to spread nonsense rumour.My sister got visa last year but she came here only last week.She told that she was busy that time so she couldnt make it that time.No other question asked at port of entry

You can give any reason besides graduation ceromony because Visa only says B1/B2 . There won't be any reason written in Visa stamp for visitors. But they might check your return ticket.

.Americanboy, every Nepalese MUST be prepared for such a worst scenario. I trust your words but I still want to verify that you are NOT lying, can you send your parent's contact no PRIVATELY to me. I need to know the exact situation they had. My sister got a visa (reason: elder brother's marriage) in February 2008 and she is coming here for the first time in Dashain-2009. I appreciate your help.

I will post about the outcome of talk to your parents and my sister's entry in September.

Lamjung let me get your sister's number I will post the result how it goes with your sister in sajha. I don't know what you meant but that did not sound appropriate.

Thanks "americanboy" for letting me know your polluted attitude...far polluted than your sajha profile.

Shame on me that I believed this rumor you are spreading.

"americanboy" should be banned from sajha for good.