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Visa to visit the US for step son.

Buffalo, NY |

I am US citizen and I would like to obtain a Visitors visa for my step son. He has been in my care for the past 8 years (currently live in Canada ) and recently turned 16 years old. His mother is unable to attain a visa to enter the US. (the reason we live in Canada). Since I am responsible for him but not biological father, is this possible?

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Attorney answers 5

Posted

Your question is a bit confusing.

Canadian citizens don't need visitors visas.

Although other ID is acceptable, it would be best to get him a Canadian passport.

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Asker

Posted

Let me add some additional information. Sorry for the confusion. I am a US citizen that lives and works in Canada on Canadian work permit with my spouse and our children. My wife and my stepson are Mexican Nationals. Neither of them have a visa to the US but do have their visas to Canada. I want my stepson who is 16 to be able to travel to the US with me when i go for personal business. He is 16 years old and in School. He actually has his own Study / Work Permit for Canada. He is not a US or Canadian Citizen, he is a Mexican National with Passport. Can i sponsor a visitors visa to the US for him?

F. J. Capriotti III

F. J. Capriotti III

Posted

Thank you for the clarification ... that missing piece of information is essential to giving you good information. You need not 'sponsor' him for a B-2 tourist visa to enter the US, you merely need to help him apply. As long as he is fully 'tied' to Canada and his/your family in Canada, the process is fairly straightforward. Find the closest US Consul in Canada, go to their website and follow the instructions for the DS-160: http://www.usembassy.gov/

F. J. Capriotti III

F. J. Capriotti III

Posted

PS ... if your family ever wants to live in the US in the future, you should discuss immigrant and US citizenship options with a US-licensed immigration attorney ... there are many good ones in the Buffalo, NY area.

Asker

Posted

Thank you sir, My issues with immigration are far more complicated. I have applied in the past for my spouse for a K1 fiance visa and it was denied based on a past issue that my spouse had with immigration / border in laredo where she allegedly claimed false citizenship. She may never immigrate to the US and i hear that the process for a visitors visa is far to complex and expensive. Our children with the exception of my stepson are all US passport holders citizens. But she cannot go. I just figured to try and get my stepson something because he is now old enough to travel with me. Thanks for responding

F. J. Capriotti III

F. J. Capriotti III

Posted

I understand that your wife will most likely have a permanent bar to entering the US ... unless the proposed Comprehensive Immigration Reform Act (or whatever they're going to call it) passes ... watch for President Obama's announcement.

Asker

Posted

thanks, I will keep an eye out for it.

Posted

You can make the application for a visitor visa. Assuming you can document why his mother cannot enter the U.S., that will be a strong piece of evidence in obtaining the visitor visa. Remember, visitor visa applicants must overcome the rebuttable presumption that they intend to stay and live in the U.S. Showing that he intends to return to his home in Canada with his mother and not live in the U.S. will be the critical inquiry.

Posted

You may request the visitor's visa, but consular officers have ample discretion at the time of adjudication, and any decisions cannot be appealed. I agree with attorney Capriotti, if he is a Canadian citizen better to get him a Canadian passport.

Posted

What is the citizenship of your step-son? If he is a citizen of Canada, and if he has a Canadian passport, he could enter the United States with his Canadian passport (no visa required), unless he has some criminal history that might make him inadmissible to the United States.

If your step-son is not a citizen of Canada, but rather of some other country, then he could apply for a visitor visa to enter the United States. But at this point I don't know what his citizenship is.

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Asker

Posted

Let me add some additional information. Sorry for the confusion. I am a US citizen that lives and works in Canada on Canadian work permit with my spouse and our children. My wife and my stepson are Mexican Nationals. Neither of them have a visa to the US but do have their visas to Canada. I want my stepson who is 16 to be able to travel to the US with me when i go for personal business. He is 16 years old and in School. He actually has his own Study / Work Permit for Canada. He is not a US or Canadian Citizen, he is a Mexican National with Passport. Can i sponsor a visitors visa to the US for him?

Posted

It is possible but you would have to "prove" his intention to return be up e discretion of the consular officer. If your stepson is a Canadian citizen, why not use his Canadian passport to enter since no visa would be required?

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

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