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Em Z

Sponsoring Family Member for Tourist Visa

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Hello, bear with me!

My sister came to the United States as a teenager 15 years ago with our mother under a tourist visa. She was pregnant at the time. She had the baby 5 months later. For some reason or other (and I don't know why, I was really young), we overstayed our visa.

2 years later, my sister was driving to Michigan and ended up crossing the border to Canada by accident.

Canada kicked her out.

She wasn't here legally in the US, so the US kicked her out.

It's been 13 years.

She has tried a handful of times to get a visa to come back, but it has been denied each time.

Her son came to reside with my mother in the US a few years back because she couldn't take care of him in Brazil.

I have become a citizen through marriage.

Our grandmother also resides here and is a citizen.

Our mother is a permanent resident.

Now. They have stated that the reason she is being denied a visa is because she has willingly admitted to being a US citizen when she is not (when she entered Canada). But she never did. I believe there was simply a miscommunication and she had stated her son was a citizen. She visited the embassy and they stated filing for a waiver.

Can someone point us in the right direction?

The waiver I found is form I604.

After filing this waiver, how can I, or my grandmother, or my mother, sponsor her to SIMPLY visit?

She has no intentions of staying. And from what I can see, they don't like approving these things because of ties in the US.

I haven't seen my sister in 13 years. I have children and it makes it rough to visit Brazil. How can I get her to come here for a month or so to visit??


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

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07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

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2/2015: Naturalization

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A false claim to citizenship is a lifetime ban I believe. How is her son in the usa? You said he has citizenship?

She came pregnant. It seems he was born in the US.

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Her whole family, including her child, is in the US. Her odds of being granted a tourist visa based on that alone are zero.

She made a false claim to US citizenship. Doesn't matter if it's a "miscommunication", if that's on her record she is inadmissible for life.

Your only hope, and it's a slim one, is if there's a waiver for her but that's only for an immigrant visa and she would have to be petitioned through her child after he turns 21. But even that would be tough and expensive.

You're all in the US legally now, go visit her. She won't be visiting you anytime soon.

Edited by F1H1I130

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Her whole family, including her child, is in the US. Her odds of being granted a tourist visa based on that alone is zero.

She made a false claim to US citizenship. Doesn't matter if it's a "miscommunication", if that's on her record she is inadmissible for life.

Your only hope, and it's a slim one, is if there's a waiver for her but that's only for an immigrant visa and she would have to be petitioned though her child after he turns 21. But even that would be tough.

No waiver for this

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There is nothing you can do to get your sister a tourist visa. She has to qualify on her own merits, which will be challenging to say the least, given her current ties to the US (among other things). Statements from you about her not wishing to stay put hold no weight.

If she is indeed ineligible under INA 212 (a) 6 C (ii) (false claim of US citizenship), she will never be able to obtain an immigrant visa (since no waiver is available for siblings) and while in theory she could apply for a nonimmigrant visa waiver (212 d 3), she first has to be found eligible in ALL other respects for the NIV for which she is applying (and in the case of a tourist visa, she has to overcome 214b before any other discussion can begin regarding a possible waiver).

As far as your statements about what your sister did or did not say at the POE in Canada is nothing more than hearsay 'evidence' which also holds no weight. An I-601 (not 604) is NOT applicable to any NIV application.

If and when your mother becomes a citizen and decides to file an IV petition for your sister and if indeed your sister is ineligible for having made a false claim of US citizenship, there is NO waiver for that ineligibility.....period.

Your sister would have to challenge that finding (if it exists) - you cannot.

Same for her son, should he file a petition for her when he reaches the age of 21....no waiver is available for having made a false claim of being a USC. She should start now trying to find out what the real story is while there is time.

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Agree an Immigrant Visa is out.

What you have not mentioned is her ties to Brazil, property, family, business, job? What are they.

And if everybody os otherwise here should be easy to find out what happened. Facts can be important.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is no waiver for a false claim to citizenship. Miscommunication or not, it is what it is. You, your mom, her son, no one can sponsor her for an immigrant visa. Not now, not ever, unless the law changes.

Tourist visa, well as you stated, she needs to prove she will return home. Having her entire family, including her son, here are like guaranteed proof she WON'T return.

Edited by Harmonia

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Hello, bear with me!

My sister came to the United States as a teenager 15 years ago with our mother under a tourist visa. She was pregnant at the time. She had the baby 5 months later. For some reason or other (and I don't know why, I was really young), we overstayed our visa.

2 years later, my sister was driving to Michigan and ended up crossing the border to Canada by accident.

Canada kicked her out.

She wasn't here legally in the US, so the US kicked her out.

It's been 13 years.

She has tried a handful of times to get a visa to come back, but it has been denied each time.

Her son came to reside with my mother in the US a few years back because she couldn't take care of him in Brazil.

I have become a citizen through marriage.

Our grandmother also resides here and is a citizen.

Our mother is a permanent resident.

Now. They have stated that the reason she is being denied a visa is because she has willingly admitted to being a US citizen when she is not (when she entered Canada). But she never did. I believe there was simply a miscommunication and she had stated her son was a citizen. She visited the embassy and they stated filing for a waiver.

Can someone point us in the right direction?

The waiver I found is form I604.

After filing this waiver, how can I, or my grandmother, or my mother, sponsor her to SIMPLY visit?

She has no intentions of staying. And from what I can see, they don't like approving these things because of ties in the US.

I haven't seen my sister in 13 years. I have children and it makes it rough to visit Brazil. How can I get her to come here for a month or so to visit??

This is one of those times when there's basically factually 0% chance of her being ever let into the US in her lifetime on any conceivable visa.

There is no such thing as sponsoring for a tourist visa. Those are granted based solely on the merits of the petitioner, of which there seem to be none that would matter any to even give any applications more consideration than an instant rejection stamp.

Edited by Avery Cates

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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I know someone with a lifetime ban here on an E1.

Just saying.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I know someone with a lifetime ban here on an E1.

Just saying.

A fine anecdote, but nothing that will help here.


November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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