Going to embassy - what is more successful? asking for Visitor Visa or telling them b/c of sister's baby is due?

Immigration 4 views 3 answers
My brother lives in Canada, on Canadian green card.(He was born in Iranian, and just last year he moved to Canada) My sister is carrying a baby and she is due next month. And he wants to come to the US for the event. Question is, which "reasoning" is better to tell the embassy? tell them the real reason, or just tell him he wants to come to visit US... Which one has higher probability of getting the visa? Most of his family live here in the US including parents. Several years ago, he tried to apply for a tourist visa couple times (when he was still in Iran), but he got denied both times. He is actually on the list for greencard. All the process is done and he is approved but waiting to get his immigration visa.. which could take another year, or more... Thanks,

Attorney Answers

3
Ralf Wiedemann ·
If he has an approved I-130 but is still waiting for the priority date to be current, and he's previously been refused a visitor;s visa to the U.S., then I'm afraid the chances are not good for a visitor's visa now. But if he can prove that he has an established residence in Canada that he does not intend to abandon, that he has strong ties to Canada via employment, insurance, etc., and that he has a legitimate reason to visit the U.S. for only a temporary and defined period, then it could happen. So he should tell the truth, give exact dates he plans ot be in the U.S., submit a letter from his Canadian employer confirming that he is employed and will get permission to be away from work for the period of the anticipated birth, all other evidence of strong ties and residence in Canada, and a statement that he will leave the U.S. to apply for his green card via consular processing and will not apply to adjust status in the U.S. (this will be more believable if it is still a long time away from his priority date becoming current).
0 upvotes
Robert Henry BeerImmigration AttorneyMarietta, GA ·
If your brother "is actually on the list for greencard" here in the U.S., he may not have the requite nonimmigrant intent to obtain a tourist visa. I would urge your brother to tell his true intentions to the U.S. Consulate You might have your brother seek my legal advice or that of one of my colleagues. hope this helps. Wishing you well.
0 upvotes
Ndavid Shamloo ·
Lotfan dorogh naged chon dar ayande baraton bad metoune beshe...Good luck!
0 upvotes

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