We have compiled all the questions sent by people from all over the world that have been answered by our attorneys via the Ask Kidambi feature on the site. Please browse through them and if you don't find your answers, ask us a question and it will be answered by one of our attorneys within 48 hours.
My dad has applied for B2 Visa extension and his I-94 would expire by the time his case is processed. In case of denial, will his B2 be void? How will it affect his travel to US for the next time?
If your Father no longer has a valid visa to reenter the U.S., he must first obtain a valid visa to return. However, there is no requirement that he obtain a new Visa just because he sought an extension in the U.S. notwithstanding the outcome of that extension.
We have a forty year old mentally handicapped daughter. We have received green card but our daughter has not. Can she travel on visitor visa?
Your daughter is not technically a dependent and may not benefit from your Green Card. Be this as it may, she may be able to travel to the U.S. in a nonimmigrant classification as a dependent if it can be shown that she is dependent on you entirely for care and support. The application process is involved and will require discretionary adjudication by the Consulate following a request for a waiver. We recommend reaching out to the Consulate for further assistance.
My parents are on visitor visa. If they stay here for 6 months this year or 3 months in this year and 3 months in next year, then when can they can visit USA again?
As long as your parents have a genuine need to visit and remain visitors, there is no limit on the number of trips they are allowed to make. However, care must be taken to document that frequent visits are not a way of remaining in the U.S. permanently.
What is the procedure for applying for Visitor's visa?
The following link provides the details of Visitor's visa.
Should I withdraw an Application for extension of a B-2 Visitor Visa since the Applicant has since departed?
In this situation, the applicant left the U.S. prior to the original expiration of the I-94 and so, the request for extension is moot. However, there is no way of withdrawing an application once it is filed. You could, however, notify the USCIS of the departure and attach a copy of the stamp on the passport showing arrival abroad.
The USCIS will then confirm receipt of this letter and cancel the pending application for extension.
I am planning on studying in the US after arriving on a B2. How hard/easy is the change of status?
There should be no problem with the change of status per se. But, where a person obtains a B-2 and/or enters on a B-2 claiming to be a tourist, and within 30 days of visa issuance or entry actively begins seeking employment or admission in a school, s/he may be presumed to have misrepresented his or her intention in seeking a visa or entry and his/her subsequent petition for change of status denied.
What can we do when a visitor's visa is denied?
Consulates usually follow a certain procedure when visas are refused. However,
Consular Officers should not refuse visa applicants on substantive grounds without first giving the applicant an opportunity to be interviewed in person
When refusing a visa application, consular officers should inform the applicant of the section of the law under which the visa was refused, as well as the underlying factual basis for the refusal, unless the facts are classified
When the refusal is based on substantive grounds (i.e., other than 221(g), the explanation should be provided in writing.
I believe, you should seek a review of the rejection. Make your Congressman aware of this memo and follow up with him. Unfortunately, there is very little one can do to appeal Consular decisions. Gentle persuasion through Congressmen, Senators and the Department of State does help.
Should I have my parents wait to apply for a visa while my extension is being processed?
In this case, the Consulate would be concerned with two things: (1) the nonimmigrant intent of your parents when applying for a visa to visit the U.S. (ii) your ability to support them while they are here.
It is important to address both when applying for a visitor's visa. It would certainly help to have an approved extension documenting your ability to stay and work in the U.S.
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