What documents should I send to sponsor for a visitor's visa?
A1
1. Statement from your employer, on business stationary,
Showing:
a) Date and nature of employment.
b) Salary Paid.
c) Whether position is temporary or permanent.
2. Letter from the Bank, giving the following details:
a) Date on which the account opened.
b) Total amount deposited for the past year.
c) Present balance.
3. Get I-134 notarized in your bank [$1 fee for
notarization]. You can get I-134 from BCIS (INS) or your
international student office. I think you can use
xerox copies of this form.
4. Letter from you stating that you will take care of their
expenses in USA.
5. Visitor fee $100 each (this might have changed)
We are expecting a baby and would like our parents to visit. What documents do we need to send them for a tourist visa?
A2
Send documentation establishing:
a) Your wife's pregnancy;
b) Your financial capacity;
c) Your parents ties with India - financial and personal;
d) And everything else (within reason) that the consulate requests.
How can I extend a visitors visa? Which form needs to be filled? What supporting documents need to be sent along? What is the fee?
A3
a)I-539 (Extension of stay/change of status)
b) Reason for asking for extension, proof of financial support
(i.e. you have enough financial resources to take care of them),
c) copy of their return tickets (to show that their stay is temporary).
d)The fee is only $120 including all applicants.
What dates are relevant, I mean should we go by the date the Visas are expiring or by the date the I-94 expires? (Continuation to the previous question)
When should we apply for the extension? I mean how many weeks in
advance to the I-94/Visa expiration should we apply?
(Continuation to the previous question)
A6
Between 45 to 15 days of the date of expiry of the I-94. Ideally,
1 month before the I-94 expires.
Can the immigration officer at the port of entry (or any other
BCIS (INS) officer) cancel the B1/B2 visa? If so, on what grounds?
A7
The BCIS (INS) can refuse entry (which functionally amounts to the
same thing as canceling a visa). That happens mostly when
the BCIS (INS) discovers something that is contrary to your declared
intention in getting the B-1/B-2.
Typical example: you have a fiance(e) in the U.S. BCIS (INS) discovers
love letters (long, mushy ones) in your documents. Or during
conversation with an BCIS (INS) officer you let slip that you are planning
to get married in the U.S. Legally, there is a bunch of grounds such as past criminal convictions, past immigration violations, certain diseases etc. Technically called "grounds of exclusion", that can bar ones entry despite possession of a valid visa.
Can I apply for a social security number on a B1/B2 visa?
A8
There is a change in the rules at Social Security Administration.
Now, they won't issue a SSN to a B-2 resident just for banking purposes. They have a form letter explaining that the bank must file a form I-8 instead. However, an inquiry at the SSA office revealed that they will issue a number for DMV -- in most states, you need an SSN now to apply for a driver's license. One has to pass the test and bring the
temporary (paper) license stating that SSN is required for the real
license to be issued. The SSA employee also said that one can request an SSN for credit verification purposes.
Can they be extended and if yes, then what is the maximum extension I can get ?
A11
I do not recommend getting extensions. Normally you can get an extension of 6 months if you have a good reason for it.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
I work in the US and my parents are here now on a B-2 visa valid for 6 months. This is their first visit. I wish to know if there would be any problems in extending their stay for another 6 months. Also would it have any effect on their subsequent visa applications back in India. I would very much appreciate your response
A12
Usually getting the first extension from BCIS (INS) is not difficult if you have a good reason for it. The consulates however do not like people getting extensions. They may give your parents some trouble next time they go for a visitors visa.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
Is it possible to change from visitor visa to other visa category like F1 or H4 without leaving the country? What would be the right course of action for someone on a visitor visa (which has already been extended once) to convert to F1 or H4? Should they return to India and re-apply for the new visa category - we were thinking that this might be risky ?
A14
Possible but NOT advisable in most cases.
Reason
--------
The consulates view this as a misrepresentation in obtaining the tourist visa. The theory is that you misrepresented your intent to stay in the U.S. When you entered for a "short" trip, you were actually planning to stay longer.
Consequences
-------------
If you get adjustment of status to another category, you will be ok as long as you do not travel outside the U.S. If you travel abroad, you will be required to obtain a visa before you reenter. At that time, the consulate is likely to deny your visa.
My mother-in-law is visiting from India and I would like to extend her tourist visa. I have the following questions :
1. When should I apply for extension ?
2. What is the maximum length of time (no of months) for which I can apply for extension ? I need to indicate this on form I-539.
3. Does the return ticket need to be a confirmed one or it can be an open ticket ?
4. Does BCIS (INS) grant extension with effect from the date the current I-94 expires or from the date they approve the extension ?
5. What effect or implication this extension will have if she applies for tourist visa in future ?
A15
1) No later than 30 days and no earlier than 60 days before expiration of current stay.
2) 6 months.
3) Can be open.
4) You have to mention that in the forms.
5) Consulates do NOT like people who take extensions.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
I will be mailing in my I 539 form shortly before December 29, 1996 when my 6 month tourist visa expires. I am from Australia and wish to extend my visit in the USA to see as much of the country as I can before I have to return. Can you tell me if this would be reason enough for the BCIS (INS) to extend my stay? Also, can I communicate through email with anyone who has similar experience?
A16
You have to be elaborate on how many places you have been and how many more you want to go. An itinerary of some sort and documentation will help. Cannot point you to other people. Confidential.
[Index]
[Compiled by Law Offices of Rajiv S Khanna]
I need a tourist visa for three days for attending a conference at penn state in the us. Do you think I can get it in US embassy Calcutta. If so, what're the important things I must carry?
My Mother in India, got a 10 year multiple entry visitors visa in the month of April this year, should her first visit be within certain time period or it can be anytime.
I was a visitor visa holder staying inside the United State. Recently I lost my passport along with my I-94, everything.I am worried about my status. To get a new passport what is the procedure?
A19
When you lose your passport in USA, you have to go through the following
procedures:
1. If the passport was stolen or if you think it was stolen, file a police
complaint
2. Contact the consulate of your country in USA and apply for a duplicate
passport
3. Apply for a duplicate I-94 from BCIS (INS) using Form I-102. The form can be
downloaded on the Web.
I wanted to know if there is any upper limit ( apart from visa expiry date) on when to commence the journey after tourist visa is issued. My parents got a multiple entry tourist visa ( from India to USA) for 10 years. For some reasons they have
to postpone their visit. Can they come next year on the same visa? This would be their first travel on this visa.
A20
Sure. They can come any time during the life of the ten-year B visa. There is no requirement that they have to travel right away or within a certain time.
My father received his visitor visa to US couple of months back for next 10 years. My Question is does he need to visit US within 6 months of time after he got stamped? Can he visit ( first time to US) any time in his next 10 years? .
My parents have got a 6 month visitors visa from India. Now they would like to visit Canada for a couple of days. Would they be allowed back in to U.S. since its single entry visa. But a couple of friends have suggestedthat they will be able to go to any NAFTA signatory country (Mexico and Canada) and come back though its a single entry visa.
A22
Your parents would need a multiple visa to be able to re-enter into the U.S., to continue the remaining portion of their six (6) months visitor's visa. The North American Free Trade Agreement (NAFTA) qualifies only for U.S.Citizens and Citizens of Canada and Mexico. BCIS (INS) had been allowing visitors to go for trips less than 30 days to contiguous territories (Canada, MX), but in the post 9/11 times, this is not certain.
My parents are in the U.S on Visiting Visa. Recently I heard that I can claim them as my dependents while filing tax returns. Is it true?
A23
Your parents may be your dependent while visiting you on temporary visa, but you may not be able to claim as your dependent on your tax return.
To claim an exemption for a dependent, all of the following tests should be met;
1. Member of Household or Relationship Test
To meet this test, a person must either:
Live with you for the entire year as a member of your household, or
Be related to you as parents, brothers, sisters, children etc.
2. Citizen or Resident Test
To meet the citizen or resident test, a person must be a U.S. citizen or resident, or a resident of Canada or Mexico, for some part of the calendar year in which your tax year begins.
3. Joint Return Test
Even if the other dependency tests are met, you are generally not allowed an exemption for your dependent if he or she files a joint return.
4. Gross Income Test
Generally, you cannot take an exemption for a dependent if that person had gross income of $2,900 or more for 2001.
5. Support Test
Generally, you must provide more than half of a person's total support during the calendar year to meet the support test.
I think in your case some of the tests may be met but not all, particulary the Resident Test.
Further, to claim an exemption for a dependent (parents in your case) on your tax return, you must list either the social security number (SSN) or individual taxpayer identification number (ITIN) for the dependent.
My mother got a visitor visa for 6 months by couple of weeks before. I have a question regarding the Annotation in my mother's visa stamping.
The Annotation is as follows: 'GOING TO VISIT SON AND DAUGHTER-IN-LAW FOR ONE MONTH VACATION'
Can my mother stay in the US only for a month? Can you please let me know what this statement exactly means?
A24
An annotation like this usually means she will not be allowed to stay in USA beyond one month. Theoretically, an extension is still possible if there are extraordinary reasons for staying beyond the one month.
One of my relative has US and Canada's Visitor Visa but when he tried to go to US the immigration Officer has cancelled his Visa by writing the following on the Visa " Cancellation TOR/PFI Pursuant to 22 CFR 41.122 by 27.29" but my relative does not know what this means and what he is supposed to do. Also what is the next step my relative should do to solve this problem
