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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.

Thanks
A

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Attorney answers 3

Posted

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.

Posted

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.

Asker

Posted

Thanks, but Will my expired Visa going to impact on my Parent's interview. Have a valid I-94 till May' 2014.

Asker

Posted

The reason I am asking this is - This is one of the most important document my Parent's will be taking with them in the Embassy. Yes, they will be definitely going back for their other son and daughter's marriages. They are here to assist me and my wife's first pregnancy. We are a little nervous.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

I understand.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

No, that should have no impact on your parents' visa applications. I hope my answers were helpful.

Asker

Posted

Thanks Giacomo for such a quick response & I appreciate your help. Your answers are really helpful :)

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

My pleasure!

Posted

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

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

Asker

Posted

Thanks Samuel. Appreicate your help.

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome. Good luck to you and your family.

Asker

Posted

I have just one concern - If I can not sponser them. How do i proceed further then. Can you assist me some direction please ?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

As my colleageus have suggested, your parents can file for their own tourist visas at teh Embassy

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

They will have to provide proof that they intend to return to their home country