Legal Question in Immigration Law in California
my husband & I are divorced but we have an 8 yrs old daughter who is staying in the philippines with her father. I remarried and I've petitioned for my daughter. It's been approved. I'm processing her papers to come to the U.S. so that I can process her papers. She will still continue to live with her father for she will be still studying in the philipplines. But during summer, she will be staying here with me in the U.S.A. My question is who can accompany her to travel to America since I can't travel because of my work. Can my niece bring her here and stay for a month. After that, my niece will bring her back home to the philippines.
1 Answer from Attorneys
That will depend on who can actually obtain a Visitor's visa. If a Filipino niece can apply and obtain a Visitor's visa to USA, then she might be able to accompany your daughter to USA (who will travel on an immigrant visa, I understand). The US embassy is not obligated to issue a visitor's visa to a relative of a child, unless that relative can independently show her/his eligibility for a visa, intent to return to Philippines and strong ties to Philippines.
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