US Immigration Questions

  1. Wednesday,...
    Question:
    Answer:

    Quote: I just got a letter from USCIS that I need to appear for a I-485 interview. I had applied my green card under the EB-XX. To update you i had an arrest record in 2005 for a domestic violence battery case, which was later dismissed in court. Also you might be aware my wife is currently in india, and we are under separation. She will join me on (XXX date) if she agrees for marriage counseling. Under these circumstances I had some questions which I wanted answers for: Please let me know your response.
     

    Quote: a. What all questions can the officer ask me in the interview?

    Ans. No one can reliably predict that. But there is nothing in your background that seems to indicate there will be a problem. You were not convicted. The rules are simple: do not answer what is not being asked, and answer every question truthfully.

     

    Quote: b. My wife is now in our home country. Do i need to have her accompany me?

    Ans. Your case is an employment-based case. Unless USCIS specifically asks for her presence (which would be strange), it is not required.

     

    Quote: c. Can the officer ask me for another interview with my wife, if she isn't with me the first time?

    Ans. They can, but I do not see why.

     

    Quote: d. What should I say about the DV record?

    Ans. The truth and nothing but the truth.
     

    Quote: e. Does the officer approve my green card after the interview or does it
    take some more time?

    Ans. They have the authority to approve on the spot. Whether or not they will is their discretion. Often, the approval comes a few weeks later.

     

    Quote: f. What if the officer asks me about the status of my marriage, what
    should I say?
    Should I say yes we are married or should I say that we are separated?

    Ans. Married but separated. You tell the truth.
     

    Quote: g. Does my wife need to be in US when the final green card is approved?

    Ans. No. Make sure she has her AP.
     

    Quote: h. What happens if the green card is approved while she is in india?

    Ans. She can reenter with her AP.

  2. Wednesday,...
    Question:
    Answer:

    USCIS Updates Information on FY2010 H-1B Petition Filings
    Receipts remain relatively unchanged
    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
     

    USCIS Updates Information on FY2010 H-1B Petition Filings
    Receipts remain relatively unchanged
    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
    Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
    For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition. USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be found on the USCIS Web site at www.uscis.gov/h-1b_count.

  3. Tuesday, 5...
    Question:
    Answer:

    Quote: Hi Rajiv,
    Its good to see the way you are providing appropriate answers to our questions. your responses are very helpful for us, specially in this tough time when USCIS is scrutinizing every Non-Immigration case.

    I have a situation: My current Employer had applied for my H1B extension in regular processing in January, 09 which was expiring on 29th, April, 2009. They got a query, asking for agreement between me and the employer and agreement between my employer and 'ULTIMATE END CLIENT' and complete itenarary of services. When, my employer applied for extension in Jan, I was working for a project in CA, and they submitted LCA showing, CA as my work place. But, by the time, they got RFE, my CA project was ended and i got another project in TX. Then, they replied to RFE under premium processing along with new LCA showing, TX as my work place. On 22nd April 09, USCIS denied my extension saying, they cannot accept new LCA with an old dated I-129. I had filed for my H1B extension with a new employer and USCIS received my application as of 27th April, 09. But now my new employer also got a RFE.

    Note: My I-94 is expiring on 09th May, 09. According to this, I can legally stay in country.

    Ans. This situation is a bit complicated. Do get together with your lawyers. I am giving you the advice that I can based upon what I see. The good thing about your situation is that you did not start working with a new employer. Since you continued working with the old employer, a strong argument can be made that you are still in status (despite the change in locations). When your employer (new or old) files an extension; that, if timely filed, keeps you in authorized stay and gives you permission to continue working for 240 days.

    Quote: My question is:
    Since my new employer got an RFE, now I will not have a decision on my H1 Transfer before 9th May, can I stay untill I get any decision?

    Ans. Yes, you can stay.

    Quote: If, I start working for my new employer and suppose I get a denial from them, will the duration I work for them will be legal?

    Ans. Yes.

  4. Tuesday, 5...
    Question:
    Answer:

    Quote: 1. Hello Rajiv, my wife and I have been working on H1B for different employers. My employer applied for my GC in 07. I have my I-140 approved, my wife and I have our EAD cards and AP. Thanks to your team! Now my wife's H1B term (6 years) ends on Jan 2010. Does this mean that if she wishes to continue her employment with the same employer after Jan 2010, she "HAS" to use her EAD ?

    Ans. Yes. Under the current USCIS policy, they will not extend her H-1, based upon your I-140. They used to do that a few years ago, but not any more, as far as I know.
     

    Quote: 2. If not can her employer file for her H1B extension based on my I-140 application.(Probably not since I-140 is an employer based application,but wanted to know if there is any other way).

    Ans. No other way.
     

    Quote: 3.If my wife were to change her employer after Jan 2010, could the new employer file for H1B transfer? If not does this mean that the option of a new employer filing for her H1/green card is completely ruled out?

    Ans. She cannot get an H-1 extension beyond 6 years unless her own green card process is started.
     

    Quote: 4. This question is not related to the above, but we are expecting our first baby in the month of August. Are there any applications that need to filed after the kid is born?(I am just glad that USCIS doesnt have any laws regarding making babies during the I-485 pending stage.Or is there...?)

    Ans. Congratulations! And no, there are no laws against making babies so far :-). You have to do nothing. The child is born a US citizen if born in USA.

  5. Tuesday, 28...
    Question:
    Answer:

    Here is the release from USCIS.

    April 27, 2009
    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated
    number of filings for H-1B petitions for the fiscal year 2010 program.
    USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated
    65,000 cap. The agency continues to accept petitions subject to the general cap.
    Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees;
    however, we continue to accept advanced degree petitions since experience has shown that not all
    petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are
    exempt from any fiscal year cap on available H-1B visas.
    For cases filed for premium processing during the initial five-day filing window, the 15-day premium
    processing period began April 7. For cases filed for premium processing after the filing window, the
    premium processing period begins on the date USCIS takes physical possession of the petition.
    USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be
    found on the USCIS’ Web site at www.uscis.gov/h-1b_count.
    – USCIS –

  6. Sunday, 26...
    Question:
    Answer:

    Durbin, Grassley Introduce Legislation to Reform H-1B Visa Program

    Thursday, April 23, 2009

    [WASHINGTON, D.C.] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act – narrowly-tailored bipartisan legislation that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.

     

    Durbin, Grassley Introduce Legislation to Reform H-1B Visa Program

    Thursday, April 23, 2009

    [WASHINGTON, D.C.] – Assistant Senate Majority Leader Dick Durbin (D-IL) and Senator Chuck Grassley (R-IA) today introduced the H-1B and L-1 Visa Reform Act – narrowly-tailored bipartisan legislation that would reform the H-1B and L-1 guest-worker programs to prevent abuse and fraud and to protect American workers.

    “The H-1B visa program should complement the U.S. workforce, not replace it,” Durbin said. “Congress created the H-1B visa program so an employer could hire a foreign guest-worker when a qualified American worker could not be found. However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs. Our bill will put a stop to the outsourcing of American jobs and discrimination against American workers.”

    The Durbin-Grassley bill would mend the H-1B visa program, not end it, making reasonable reforms while not reducing the number of H-1B visas that are available. Congress intended H-1B visas to benefit the American economy by allowing U.S. employers to import high-skilled and specialized guest-workers when no qualified American workers are available. While initially successful, loopholes in the program have allowed foreign guest-workers to displace qualified American workers.

    Some claim that the H-1B program helps to create American jobs, but it is currently being used by some companies to outsource American jobs to foreign countries. Under current law, an outsourcing company can use American workers to train H-1B guest-workers, fire the American workers and outsource the H-1B workers to a foreign country where they will do the same job for a much lower wage. In fact, Indian Commerce Minister Kamal Nath has referred to the H-1B as “the outsourcing visa.”

    Employers can legally discriminate against qualified Americans by firing them without cause and recruiting only H-1B guest-workers to replace them. The U.S. Department of Labor (DOL) has said: “H-1B workers may be hired even when a qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in favor of a foreign worker.” Some companies that discriminate against American workers are so brazen that their job advertisements say “H-1B visa holders only.” And some companies in the United States have workforces that consist almost entirely of H-1B guest-workers.

    To address these problems, the Durbin-Grassley bill would, among other things:

    * Require all employers who want to hire an H-1B guest-worker to first make a good-faith attempt to recruit a qualified American worker. Employers would be prohibited from using H-1B visa holders to displace qualified American workers.

    * Prohibit the blatantly discriminatory practice of “H-1B only” ads and prohibit employers from hiring additional H-1B and L-1 guest-workers if more than 50% of their employees are H-1B and L-1 visa holders.

    Under current law, it is very difficult for the federal government to monitor the H-1B and L-1 visa programs. For example, the Department of Labor (DOL) is only authorized to review applications for “completeness and obvious inaccuracies.” DOL does not have the authority to open an investigation of an employer suspected of abusing the H-1B program unless it receives a formal complaint – even if the employer’s application is clearly fraudulent. Even if there is a complaint, the Labor Secretary must personally authorize the opening of an investigation. DOL’s Inspector General has concluded that the H-1B program is “highly susceptible to fraud.”

    To address potential fraud, the Durbin-Grassley bill would give the government more authority to conduct employer investigations and streamline the investigative process. For example, the bill would:

    * Permit DOL to initiate investigations without a complaint and without the Labor Secretary’s personal authorization;

    * Authorize DOL to review H-1B applications for fraud;

    * Allow DOL to conduct random audits of any company that uses the H-1B program;

    * Require DOL to conduct annual audits of companies who employ large numbers of H-1B workers.

    The L-1 visa program allows companies to transfer certain employees from their foreign facilities to their U.S. offices for up to seven years. Experts have concluded that some employers use the L-1 program to evade restrictions on the H-1B program because the L-1 program does not have an annual cap and does not include even the minimal labor protections of the H-1B program. As a result, efforts to reform the H-1B program are unlikely to be successful if the L-1 program is not overhauled at the same time. The Durbin-Grassley bill would institute a number of reforms to the L-1 visa program, including establishing for the first time a process to investigate, audit and penalize L-1 visa abuses.

    Durbin and Grassley introduced a similar bill last Congress.
    -------------------------------------
    Note that this is just a PROPOSED legislation, not law. I have no issue with enhanced enforcement but I certainly have an issue with the hue and cry against outsourcing. I am not an economist, but common sense says if a company can get a job done cheaper in another country, why should they not? The world has become a strange place where capitalistic economies are spouting communist rhetoric and communist countries have embraced profit with gusto. We are in a global economy. We have to stay competitive. We can never compete with businesses that are domiciled in the low labor cost economies. China is an obvious case in point. I see "Made in China" on almost everything I buy. Is that virtual monopoly created because China restricts outsourcing? I believe the answer is no. It is because China is where manpower is cheaper and so is India and many, many other countries around the world. How can we compete with these businesses? In my view, we need to enhance our dwindling edge in science and technology. Instead of competing for low end jobs, should the emphasis not be on creating a more highly skilled US work force? Let the lower end jobs go where they will. Congressmen Durbin, Grassley notwithstanding, we cannot stop that migration. I see nothing in our policies that addresses the long term goals of enhancing our strengths. Instead, I see more knee-jerk responses that would cut US businesses off at the knees. I hope this administration and legislature will have the good sense to consider the long term repercussions of their blind law-making.

  7. Thursday,...
    Question:
    Answer:


    1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

    Ans. USCIS has criminalized civil conduct. To my amazement, I saw a criminal indictment count against an employer (Vision Systems - recently in the news) alleging that to obtain H-1 without a specific job in hand is a crime. I think this is ludicrous overreaching and misuse of law. Nevertheless, it is not a good idea to file an H-1 unless there is a specific job in hand.

    2. My labor and I-140 is approved but if H1B extension is denied then I have to go back to Inida. Can GC processing be continued? If yes, In order to maintain my GC processing how quickly do I need to come back to US? What other options do I have in this scenario?

    Ans. The green card can go on in your absence, but I am concerned that USCIS may consider that since there is no permanent job available, the green card should be canceled. To the best of my knowledge, they have never done it so far and may not do it, but the risk remains. Not much I can say other than if you dont have a choice then you have to leave and we will deal with other issues when (or if) they arise.

  8. Wednesday,...
    Question:
    Answer:

    Back in June 2008, we, on behalf of clients and community, had sent a letter to USCIS pointing out their defective policy. After 8 months, they have finally (partly) corrected the problem. Read the letter and the details here:
    http://forums.immigration.com/blog.php?b=15

    The second memo from USCIS is attached.

     

  9. Tuesday, 21...
    Question:
    Answer:

    From USCIS:
    Quote:

    WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.
    USCIS has received approximately 44,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
    Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
    For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition.
    USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be found on the USCIS’ Web site at www.uscis.gov/h-1b_count.

  10. Tuesday, 21...
    Question:
    Answer:

    1. I will be going to India and work for my company from India (before October if the H1b gets approved and continue to work from India if H1b is not approved).
    Will you guys be able to answer the following questions for me? Is it okay for my company to wire the money (USD) to me monthly as individual consultation expense and will they have to pay any taxes to the Indian and/or US government for that?

    Ans. I see no problem with that from the immigration law perspective. I am not a tax expert, but the way it is done is the company pays you as an independent contractor. Since you are working in India, they do NOT need to deduct any US taxes. You are responsible for your own taxes to the Indian govt. Do double check the details with a CPA. Feel free to call our CPA. Anna o Suman ji can give you the number or anyone in accounting can.

    2. On their accounts they would show that they are paying me in India as a consultant, will that be okay? ( I won't be on their payroll here in the USA).

    Ans. Yes. That is fine.

    3. Is it sufficient to say that I was doing independent consultation or sub-contracting work for my current company from India?

    Ans. Yes. Immigration laws require nothing more.

  11. Monday, 20...
    Question:
    Answer:

    The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).

    This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.

    What does this mean?

    1. For people going through consular processing (instead of AOS), consulates with be able to issue immigrant visas only in rare instances where visa numbers were obtained before March 9.

    2. Similarly, USCIS will not approve any adjustments unless the visa numbers had already had been obtained.

    3. Cases filed after March 9th subject to "immediate effect" will most likely be rejected.

    4. We do not yet know if USCIS will eject I-485's filed during March based on the March Visa Bulletin issued February 10, 2009, but it seems unlikely that they will.

  12. Wednesday,...
    Question: My wife has been in US for 6 months on H1 and is going back to India. In india if she applies for H4 , will it be necessary to carry any Salary Slips generated during her stay in US on H1? Is there a possibility that the consulate might demand for her W2 and salary slips before stamping her H4 visa?
    Answer:

    The cardinal rule in visas is that consulates can ask for pretty much anything. If they do ask for proof of H-1 employment or pay stubs and you do not have it, the H-4 still cannot be denied. The fact that one has been out of status is no bar to the grant of an H-4 visa.

  13. Wednesday,...
    Question: Our employee XYZ has arrived in the US. However, it appears that because of the job market in the US, he is going to return home to his old job. I know you said they are allowed to return back to USA at a later date if they choose to work for us down the road. But my question is how long may he stay without getting paid until he must return home? I know you sent me information about benching, stating: Q. What is the law regarding the benching of H-1 holding employees? A. The law does NOT permit benching without full salary payment by the employer. The only exception is that when an employer first hires an employee on H-1B they are allowed an initial period of 30 or 60 days during which the employee does not have to be paid while on bench. i. If the employee is currently in USA and adjusts status or transfers from one employer to another within USA - the bench-without-pay period is 60 days from the date of approval of the petition by INS. ii. If the employee is entering USA from abroad, the period is 30 days from the date of entry into USA. If I'm interpreting this correctly, we must pay him no later than day 30 of his arrival here in the USA?
    Answer:

    There are a couple of issues I want to clarify. The period of payment begins on the earlier of the two events: when the employee presents himself/herself for the job or 30/60 days. DOL considers it to be irrefutable evidence of having reported when a consulting company starts "marketing" the resume (Note also that to bring an employee in without a project has been elevated by this administration to be an indictable offense, which I think is unlikely to stand up in courts).

    If the employee wishes to continue to stay for tourism, I think they should apply for B status. See this post: http://forums.immigration.com/blog.p...gcategoryid=36

    As for returning in the future, that can be problematic because the govt. can questions whether there truly exists a job for him. If you have a truthful answer for that, return should be possible and can be done any time during the life of this H-1. Note also that you have no obligation to pay him while he is outside USA, but there is a general obligation to withdraw an H-1 if the worker leaves. SO, that makes this a gray area as well.

  14. Tuesday, 14...
    Question: I tried to find information on the internet on how bankruptcy affects H-1 visa status and future green card processing, but couldn't find any information on this.
    Answer:

    Bankruptcy should have no effect on H-1 or on future green card. I am not aware of any immigration laws that could cause a problem for you.

  15. Tuesday, 14...
    Question:
    Answer:

    1. My story begins like this: I was working for company A, got stamping in May2007(in canada). Came back to US, changed to company B. Got laid off on Feb 27th, 09. In order to have a valid status I got married on Feb 15th and got my H4 legally on March 20th, 09. Two weeks back a miracle happened, got a job through company C and applied for PP H1b, received it last Thursday. Now, I am planning to go to India for a week in June, 09. Tough having a valid H1b stamping prior to the H4-H1, do I still need another H1b stamping?

    PS: I do not have H4 stamping.

    Ans. I do not believe you need a new visa stamp because you already have an H-1 visa from another employer. You should be able to travel with the same visa (and a new H-1 approval). If you had ever been out of status, you would have been well-advised to get a new stamp. In your case, you appear to always have maintained status (albeit H-4 for a brief while). So, I see no issues. As always, double check with your H-1 lawyers.

    PS. I would be careful how I phrase my thoughts if I were you.

    2. In order to have a valid status I got married on Feb 15th?

    Ans. I know you do not mean that :-), but the govt might think otherwise.

  16. Monday, 13...
    Question:
    Answer:

    Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

    Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.
    We can seek an exception if the applicant has acquired the degree, and if the teaching duties included full responsibilities for the courses taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. 8 CFR
    204.5(I)(3)(ii).

    8 CFR 204.5(I)(3)(I) requires that the applicant must demonstrate that they are recognized internationally in their academic
    field by presenting evidence that meets at least two of the following six documentation categories:

    1. Receipt of major prizes or awards for outstanding achievement in the academic field;
    2. Membership in associations in the academic field for which the classification is sought which require outstanding achievement
    of their members;
    3. Published material in professional publications written by others about the alien's work in the academic field;
    4. Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or
    an allied academic field;
    5. Evidence of the individual's original scientific or scholarly research contributions to the academic field; and
    6. Evidence of the alien's authorship of scholarly books or articles in scholarly journals with international circulation in the academic field.

    Note that professors who qualify for this category through job offers for tenure-track positions will not lose their green card if they fail to reach tenure

  17. Monday, 13...
    Question: My son is employed on H1 B visa in USA. As of now, he is working as a consultant in a fortune 100 company. If he returns to India, to get married, he has to approach the US consulate for an H-1 visa. I have the following questions. Is it difficult now, in view of the present US laws/restrictions on H1B visa to get extension/renewal of the said visa in India. What is the procedure.
    Answer:

    The degree of difficulty varies from case to case and should be evaluated by the lawyer who processed the H-1.

    In my view, getting a visa stamping is no more difficult than it was a year ago. The big difference is the consulate may insist on a letter from the end client, the job site where your son works. Other than that, his stamping should be no more difficult than when he got it the first time. As to the procedure, I suggest you check the consulate's web site. They tend to be fairly comprehensive.

  18. Monday, 13...
    Question:
    Answer:

    USCIS now wants consulting companies to provide tax information on their clients. This is gross over-reaching in my view. Here is an excerpt from an RFE we received last week:

    Quote: Submit evidence that clearly substantiates that the petitioner or petitioner's client's are legitimate business entities and employers. Evidence should include copies of the client’s most recent signed Federal Tax Return and quarterly wage reports for the last quarter. If the clients are publicly traded companies, provide a copy of their most recent annual report and a letter from the president of the company explaining what business they have with the petitioner. If the client is a government agency, provide the contract number and the name of the company that has the primary contract.

    As with most things dished out by USCIS, we are dealing with it.

  19. Friday, 10...
    Question: Here is a question this morning from forclients.com, our clients' extranet. Quote: The nightmare has once again come true, eb3 would be unavailable until September 09, if I am not wrong? With this in the background, I am thinking of giving up the hope of getting my green card soon (my pd may 04). If I go back to India, can my GC application still continue to be processed?
    Answer:

    Correct. "Unavailable" means that it is the ESTIMATE of the State Department that visa numbers for India are exhausted for this fiscal year which ends on September 30. But the estimate may not always be accurate. DOS may go back and reopen this category if they need to (unlikely, but not impossible). Your green card can go on in your absence. That is no problem as long as we have answers to these questions: 1. Is the job really permanent? 2. Why is the employer accommodating you? 3. Who is performing the job in your absence? While these questions have never been asked, do not be surprised if they are. Our explanation must be truthful and not contrived.

  20. Thursday, 9...
    Question: Here's the situation: LPR wife is pregnant, currently visiting her in-laws overseas. The LPR husband will travel overseas later to see his parents and both husband and wife will travel back to U.S together. The couple wants to invite husband's mother who has been rejected twice for a visit visa for tourism purposes. Last rejection was more than a year ago.
    Answer:

    Q1. Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.

    A1.
    I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.
     

    Q1. Should the mother take visa appointment for interview before her son arrives overseas to see her so she can tell interviewing officer that she wants to see her son in the States in addition to tourism purposes. This may make her case stronger as a mother wants to see her son.

    A1.
    I am never in favor of trying to manipulate consulates. This could be considered outright fraud. Let us not go this way. Tell the truth. But, do let the consulate know that she is coming as a grandma - not a care taker or a health care employee.

    Q2. Should the couple get letter from their doctor stating the due date of the baby and requesting the embassy to allow the mother to visit US to take care of kids in the postnatal period etc.
    A2. Yes, but only if there are some special health concerns.

    Q3. Does it matter if at the time of her visa interview, the couple is already overseas? Then she can't claim that she wants to see her son in addition to tourism related activities.
    A3. The truth.

    Q4. Should the mother go for visa interview when the couple had returned back to US after seeing her overseas? Will the fact that the couple just visited the mother not a good thing for her visit visa application?
    A4. If the reason is to visit her grandchild and hold him/her and be the loving moral support for the family, why should it matter.

    Q5. If the main reason for visit is to provide care for the yet-to-born or new-born grandchild, what are mother's chances of getting visit visa?
    A5. Consulates have a very twisted idea of what "care" is. They start thinking of it as a job and not a part of what a grandparent normally does. So tell the truth but make it clear.

    Q6. What should the couple and the mother do in order to increase her chances of getting visit visa? What documentation/proof etc would be considered sufficient. Should they provide affidavits under oath that the visitor will return to her native country after her short stay in US?
    A6. I do not know of anything that would improve chances.

     

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