World Journal Weekly Q & A - July 1, 2007

Q & A 1. 2.


Q&A 1.

Asylee Wishes to Invite Parents for a Visit

Jin asks:

On July 2006, I received approval for political asylum (based on religious persecution). I am single. Can I invite my parents to come to U.S to visit me? If it is possible, what documents do I need? If not, when is the best time to invite them over? Please note that I sneaked into the U.S. when I first came.

Dear reader:

As an asylee, you can invite your parents to visit you, but the final decision as to whether your parents can obtain visiting visas is up to the U.S. consular officer who will interview them. Visiting visas are given to those that the American consulates believe will return to the home country at the end of the period of visit. Typical factors that consular officers consider are ownership of property, jobs, relatives in the home country and overseas, financial status of the applicants, etc. You would generally need to provide them with an invitation letter guaranteeing that you would support them during the period of time that they are here in the States and that they will return home at the end of the period of stay, an I-134 affidavit of support, job letter, bank letter, and a copy of the last year's tax return. Your sneaking into the United States is a negative factor that the consular officer will also consider.

Q&A 2.

Petitioner in Family Immigration Case Wishes to Only Use Co-Sponsor’s I-864 Affidavit of Support

Li asks:

My sister-in-law petitioned my husband and I came to the U.S.. She also sponsored us in I-864. During an interview at the U.S. consulate in Hong Kong, the examiner pointed out, “You choose Hawaii as the entry point and residence place, but your financial sponsor lives in New York, this kind of sponsorship is not practical. It is best to find other people to sponsor you.” And so we switched the sponsor to my brother-in-law, who resided in Hawaii. The case was approved.

After becoming a citizen, I petitioned for my brother under F4. Now I have received NVC for the affidavit of support.

I reside in Hawaii, but my brother plans to enter and reside in Seattle because his son, who is a permanent resident leaves there. My questions are:

1. Because of my prior experience, I plan to ask my nephew to be his father’s sole financial sponsor (instead of me in order to prevent being rejected during interview). Is this feasible?
2. Is it possible for my nephew to sponsor his father solely and without me as my brother’s co-sponsor?
3. If the above two are possible, should I tell or explain it to the NVC, or fill out any form?

Dear reader:

1 A petitioner must always submit a binding I-864 affidavit of support for the person for whom he/she petitions. Use of a co-sponsor is permissible, but does not relieve the petitioner of the responsibility under law of submitting his/her own I-864. Even if a petitioner makes no money at all, that individual must still submit the I-864.

2 No.

3 See above answer.

 

Copyright © 2003-2007 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.