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Urgent Important question - With a Valid I-94 & expired L1B Visa. Can I sponser Parent's Visitor Visa in my wife's pregnancy.

Atlanta, GA |

First of all Thanks to each one of you Attorneys. Appreciate your sincere help. :)

Thanks for providing me the confident one liner straight answer. Yes, I-94 controls US stay not Visa. I also tested it by applying my Wife's EAD, which she got without issues in Jul '2012.
Thanks to USCIS and to you all Wonderful Attorneys.

Just a related Important Urgent Question:
With God's grace we are expecting a baby this year and due to work it will be very difficuilt for me to take care of her health everytime., So i need my parents support.

Can I sponser my Parents' Visitor Visa with a Valid I-94 (till 2014) but an expired L1B Visa (Mar'2012). Please need your assistance as I had to take some strong decision thereafter.


Attorney Answers 3

  1. No, you, nor anyone else can 'sponsor' someone's tourist visa ... they have to be self-sufficient.

    I can tell you that mentioning your pregnant wife, if not done correctly, can hurt their application.

    And, yes, you are correct, an expired visa stamp is not important ... as long as the I-94 is current.

    But, again you can not 'sponsor' someone for a tourist visa.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  2. Your parents have to each qualify for obtaining a B1/B2 visa on their own. They have to show "substantial ties" (connections) to the country of nationality and Intent to return after a temporary visit to the US.

    Wanting to visit their daughter who just gave birth is OK, but they cannot state wanting to "babysit" the child or otherwise help to care for and raise the child. US governmental agencies do not like that, as it is considered working without authorization and competing with US workers.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  3. I agree with my colleagues. You cannot sponsor your parents.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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