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Filed: Other Country: India
Timeline
Posted

Dear All ,

one of my friend has got immigration visa , his petition was under F4 catagory which his sister in law has filed for his wife , so he is moving to USA with his family, his only concern is his father , since he is the only chield of his father , he is worried about him keeping him alone in india, my question is :- is there any other way he can take his father with him , if his father gets visitor visa for 10 years , he is ready to do that , his father has sufficent ties with india to prove that he will come back after his visa period is over .. why he want 10 years visa because he can visit his son in USA whenever he willing to do so, is there any other way .. please suggest

Thanks .

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Filed: Country: Vietnam (no flag)
Timeline
Posted
I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Agreed. There is no basis in immigration law for him to take his father with him. His father would have to qualify for a visitor visa based on his own circumstances and the length of the visa will be dependent upon the evaluation by the local US Embassy which has complete discretion.

Filed: Other Country: India
Timeline
Posted
I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Agreed. There is no basis in immigration law for him to take his father with him. His father would have to qualify for a visitor visa based on his own circumstances and the length of the visa will be dependent upon the evaluation by the local US Embassy which has complete discretion.

Thanks aniomaman and aaron2020, one more query .. is it ture that if he get 10 years visitors visa , and on POE he get 3 months visa to stay , after 3 months he has to returned to his home counrty (india ) then again he could not go to US for 6 months , bottomline is he has to stay in india back for double the period he stayed in USA on his last visit .

Filed: Country: Vietnam (no flag)
Timeline
Posted
I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Agreed. There is no basis in immigration law for him to take his father with him. His father would have to qualify for a visitor visa based on his own circumstances and the length of the visa will be dependent upon the evaluation by the local US Embassy which has complete discretion.

Thanks aniomaman and aaron2020, one more query .. is it ture that if he get 10 years visitors visa , and on POE he get 3 months visa to stay , after 3 months he has to returned to his home counrty (india ) then again he could not go to US for 6 months , bottomline is he has to stay in india back for double the period he stayed in USA on his last visit .

No. The immigration officer at the POE can alter the amount of time the visitor visa is valid and can even revoke it. Once a person leaves the US upon expiration of the visa, there is no set time as to when that person can apply for another. The local US Embassy will have a record of all visas issued and may determine that someone visits the US too much and is more like an illegal resident than a visitor.

Posted

i think you meant at the poe they will issue an i94 and it will state either 1,3,or 6 month stay. the visa will still be valid for ten years if he gets it. but evrytime he comes he will get another i94 and will have to leave before it expires. i've seen a couple of these. but search more on it

Filed: Other Country: India
Timeline
Posted
I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Agreed. There is no basis in immigration law for him to take his father with him. His father would have to qualify for a visitor visa based on his own circumstances and the length of the visa will be dependent upon the evaluation by the local US Embassy which has complete discretion.

Thanks aniomaman and aaron2020, one more query .. is it ture that if he get 10 years visitors visa , and on POE he get 3 months visa to stay , after 3 months he has to returned to his home counrty (india ) then again he could not go to US for 6 months , bottomline is he has to stay in india back for double the period he stayed in USA on his last visit .

No. The immigration officer at the POE can alter the amount of time the visitor visa is valid and can even revoke it. Once a person leaves the US upon expiration of the visa, there is no set time as to when that person can apply for another. The local US Embassy will have a record of all visas issued and may determine that someone visits the US too much and is more like an illegal resident than a visitor.

yes, for eg. if i have 10 years visitor visa , first time i visit USA and at POE they grant me stay for 6 moths , after 6 months i returned to my home country that is india , next before going to USA (since i have 10 years visa ) do i need to stay in my home country atleast 12 months ( double the period of my last stay in USA ) is it true ?.

Filed: Other Country: United Kingdom
Timeline
Posted
I don't think he can 'take' his father with him to the states as he isn't qualified to do so. His dad will need to apply for the visitor visa and be able to show sufficient ties like you said but if this is his first visitor visa, am not sure they will issue him with a 10 year visa, very unlikely. The first step is to apply for a 6 month visitor visa. I doubt there is any way around it until his son becomes a US citizen, others more knowledgeable might be able to shed more light.

Agreed. There is no basis in immigration law for him to take his father with him. His father would have to qualify for a visitor visa based on his own circumstances and the length of the visa will be dependent upon the evaluation by the local US Embassy which has complete discretion.

Thanks aniomaman and aaron2020, one more query .. is it ture that if he get 10 years visitors visa , and on POE he get 3 months visa to stay , after 3 months he has to returned to his home counrty (india ) then again he could not go to US for 6 months , bottomline is he has to stay in india back for double the period he stayed in USA on his last visit .

No. The immigration officer at the POE can alter the amount of time the visitor visa is valid and can even revoke it. Once a person leaves the US upon expiration of the visa, there is no set time as to when that person can apply for another. The local US Embassy will have a record of all visas issued and may determine that someone visits the US too much and is more like an illegal resident than a visitor.

yes, for eg. if i have 10 years visitor visa , first time i visit USA and at POE they grant me stay for 6 moths , after 6 months i returned to my home country that is india , next before going to USA (since i have 10 years visa ) do i need to stay in my home country atleast 12 months ( double the period of my last stay in USA ) is it true ?.

Never heard of that one... The recommendation is that you spend more time in your own country than in the USA. So if you came for six months then returned to your home country you should not return to the US until another six months has passed. But that is only a recommendation. The person who makes the decision to allow entry is the CBP officer at POE.

 
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