Child visas

[m82passos 1]

How can I help my niece & nephews get visas to come to America? They are minors living in Brazil. They've applied & been denied three times. They are denied on grounds of insufficient proof they will return. I'm a US citizen, married to a Brazilian citizen. My husband is a permanent resident. We have lived in GA 10 years. We only want them to come visit. Not to stay.

[Cyberfx1024 7,978]

6 minutes ago, m82passos said:

How can I help my niece & nephews get visas to come to America? They are minors living in Brazil. They've applied & been denied three times. They are denied on grounds of insufficient proof they will return. I'm a US citizen, married to a Brazilian citizen. My husband is a permanent resident. We have lived in GA 10 years. We only want them to come visit. Not to stay.

Applied and Denied 3 times in how many months or years? What kind of financial background does their parents or them have? It sounds like the CO thought that they had immigration intent and if you applied 3 times it can certainly seem that way.

[Unlockable 7,306]

The harsh truth is there is not much you can do. There is no sponsorship for visitor visas so you can't help in that regard. And if they have already been denied 3 times before then that means the CO officers sees them as not being good candidates for that type of visa.

 

The more you (a relative living in the US) try to help, the more it hurts their cases. If they have a relative in the US, to immigration that is a way for them to stay and live here. Even if it is not your intentions, they view it as too much of a risk. The reason being is that too many people in the past have abused visitor visas to bring children here to live with relatives.

 

They can keep trying but it may be an uphill battle to overcome.

Edited June 11, 2018 by NuestraUnion

[Unlockable 7,306]

*** Moved to "Tourist Visas" ***

[SusieQQQ 11,584]

28 minutes ago, m82passos said:

How can I help my niece & nephews get visas to come to America? They are minors living in Brazil. They've applied & been denied three times. They are denied on grounds of insufficient proof they will return. I'm a US citizen, married to a Brazilian citizen. My husband is a permanent resident. We have lived in GA 10 years. We only want them to come visit. Not to stay.

Where are the parents? It sounds like the CO is worried the children will just stay with you. Unfortunately other people have done this so they are worried when all kids without their parents go visit relatives in the US. Usually when kids get visas, their parents are applying with them and they are all planning to vacation together.

 

also, did your husband ever overstay a visa? 

Edited June 11, 2018 by SusieQQQ

[Boiler 43,425]

If they want to visit they need to obtain a Tourist Visa, nothing to do with you.

[m82passos 1]

1 hour ago, Cyberfx1024 said:

Applied and Denied 3 times in how many months or years? What kind of financial background does their parents or them have? It sounds like the CO thought that they had immigration intent and if you applied 3 times it can certainly seem that way.

They have tried 3 times in 5 years. Their parents are very poor & separated. Children live with their grandparents. So, everyone assumes we will bring them & keep them here.

[m82passos 1]

1 hour ago, SusieQQQ said:

Where are the parents? It sounds like the CO is worried the children will just stay with you. Unfortunately other people have done this so they are worried when all kids without their parents go visit relatives in the US. Usually when kids get visas, their parents are applying with them and they are all planning to vacation together.

 

also, did your husband ever overstay a visa? 

Parents are in Brazil & separated. Children live with their grandparents. So everyone assumes we will keep them here. My husband has never overstayed a visa or ever done anything illegal.

[m82passos 1]

25 minutes ago, Boiler said:

If they want to visit they need to obtain a Tourist Visa, nothing to do with you.

I understand that & that is what they have tried 3 times. I'm asking if there's anything I can do to help them.

[Boiler 43,425]

Just now, m82passos said:

I understand that & that is what they have tried 3 times. I'm asking if there's anything I can do to help them.

Best for you to assume you will be visiting them.

[Jojo92122 1,924]

4 minutes ago, m82passos said:

I understand that & that is what they have tried 3 times. I'm asking if there's anything I can do to help them.

There is nothing you can do to help them with visitor visas.  Visitor visas are only about the children's personal circumstances and not yours.  Given that they are living with grandparents and not their parents who are separated, it's not unreasonable for the US Embassy to assume that if given visitor visas, they may end living with you and your husband.  You and your husband are negatives, not positives, when the US Embassy adjudicates their visitor visa applications.

[Unlockable 7,306]

1 hour ago, m82passos said:

They have tried 3 times in 5 years. Their parents are very poor & separated. Children live with their grandparents. So, everyone assumes we will bring them & keep them here.

 

1 hour ago, m82passos said:

Parents are in Brazil & separated. Children live with their grandparents. So everyone assumes we will keep them here. My husband has never overstayed a visa or ever done anything illegal.

When you say "So, everyone assumes we will bring them & keep them here", the answer is yes. Not because we are judging you, but because this is literally how CO's are trained. It is the policy for immigration that every applicant that applies for a nonimmigrant (ex: B2) visa is perceived to have immigrant intent. In other words, they already assume they will come to the US to live before they even apply. This is why it is so difficult for many to get a tourist visa. 

 

It doesn't matter how upstanding you and your husband are. The visa is not based on you. It is based on the circumstances of the children. The fact that they come from a poor family and their parents aren't even taking care of them makes it even more difficult for them to get a B2. If they see a US connection (you and your husband) that will only raise even more suspicion that they won't return. This is why I said it is a harsh truth. many people have desires to come to America and never do.

[az2014 381]

2 hours ago, m82passos said:

They have tried 3 times in 5 years. Their parents are very poor & separated. Children live with their grandparents. So, everyone assumes we will bring them & keep them here.

Just from that I would certainly assume they would stay in the USA.

 

In this instance I would not waste any more money on tourist visas. They will not be getting them any time soon. Nothing you can do to help.

[SusieQQQ 11,584]

3 hours ago, m82passos said:

Their parents are very poor & separated. Children live with their grandparents. So, everyone assumes we will bring them & keep them here.

 

Unfortunately, given the circumstances you describe that is probably what the consular officials will continue to believe. Remember that COs are required to assume immigrant intent and it is up to the applicant to overcome that. With this background, that is a very difficult task.

 

3 hours ago, Boiler said:

Best for you to assume you will be visiting them.

Blunt, but yes.

[Cyberfx1024 7,978]

13 hours ago, az2014 said:

Just from that I would certainly assume they would stay in the USA.

 

In this instance I would not waste any more money on tourist visas. They will not be getting them any time soon. Nothing you can do to help.

+1 Exactly my thinking when I read that as well. Usually anything past a 2nd denial for a B2 tourist visa is someone getting desperate in my book to come here.

Edited June 12, 2018 by Cyberfx1024