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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?

Attorney Answers 5


  1. 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.

    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. 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.


  3. 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.


  4. 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.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  5. 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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