Legal Question in Immigration Law in California

(Issue : Visitor visa for my brotherinlaw)

Hi,

My brother in law and his parents are planning to visit USA through visitor visa sponsored by me(H1B holder). My father in law is working in a Bank and have valid bank statements, tax returns and properties. My mother in law is a house wife. My brother in law is finishing his postgraduate(India) this april 2010 and he has an offer letter and joining letter(joining date - june 1st 2010) for a software multinational company in India. All 3 of them planning to visit USA for couple of weeks in may 2010 for vacation. My questions are:

1.Whether all of them can go together to US embassy for interview? If yes,

i. if they reject, will they reject for all of them.

ii. whether they will reject because the entire family is leaving to US.

2. If they are going seperately, i am sure my parentsinlaw can get the visa. But whether there is a chance for my brotherinlaw? (Assuming if they go together, in the embassy they will presume they are going as tourist purposes rather than sending my brotherinlaw alone.)

3. Either ways, what are the documents my brother inlaw can show as proof of his strong tie to his home country?

Note : Both my father and brother in law has employment letters.

They just want to come here take a tour, visit some picnic spots and go back in 15 days.

Please any help will be appreciated.

Thanks.


Asked on 2/26/10, 11:29 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

1. Yes, there's nothing prohibiting them from going together. They have to make their appointments for the same day though.

i. Maybe or maybe not.

ii. Very possibly; I wouldn't recommend them all vacationing together. The parents might stand a chance together. They could argue that they always vacation together and that they have no intention of abandoning their son who will stay in India.

2. Probably, yes they can; but you're right, your brother in law is more difficult, though if his job pays very well and he can show other vested interests in India, then perhaps. If he has a serious girlfriend there, that's better than no one, but not as good as a wife who would stay behind.

3. I'd have to probe to understand his life and based on that, the documents will be evident.

A very specific itinerary helps credibility.

The above is general information and not legal advice. It doesn't form an attorney client relationship. For further information, you may schedule a consultation by contacting me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/03/10, 11:47 pm


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