Legal Question in Immigration Law in Georgia

Last November my 79 year old father had an interview at the consular in Rio de Janeiro for a B2 visa request. My husband and I (americans) had gathered documents so that my father could present to the consular officer indicating that we would be responsible for his return to Brazil after the holidays. We had form I-134 (affidavit of Support), letter of invitation from us to my father, letter to the American Consulate attesting that we would be responsible for all of my father�s financial needs, his return to Brazil and that he would not be a burden to the USA. We also included our employment verification letter, pay stubs and our 2008 income tax return. The consulate officer that interviewed him did not look at any of the documents presented to him, the officer left the room and returned with the denial letter. My father is retired, does not own any property, a business, nor does he have enough income to prove to the Consulate that he has strong ties to Brazil, however; he does have children, grandchildren and all of his immediate family living in Brazil and he considers that to be strong ties and enough reason to return to Brazil. I have had my mother and now my brother migrate to the US, my dad does not want to live in the US. A visa was granted to my father in 1999 but circumstances at the time prevented him from traveling to the US. I don't know what else to do. Please help. Thanks.

Jackie


Asked on 6/08/10, 4:24 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

How did your mother and brother migrate to USA? Did they come to USA on B2 visas and then adjusted status? When they became permanent residents? Is a father still married to a mother? etc.

This seems to be a case of denial under a 'presumed immigrant intent' provision and failure to show strong enough ties to a home country. If he can overcome this presumption, he can reapply again.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please EMAIL to schedule a consultation).

Read more
Answered on 6/08/10, 7:40 pm


Related Questions & Answers

More Immigration Law questions and answers in Georgia