wife's mom wants to come to u.s./afraid of getting denied tourist visa

[andy28 0]

Hello VJ!!

It's been awhile since I've been on this site. My wife's Citizenship oath ceremony is next friday on 9/11 and we will be happy to be done with her, but we have questions regarding her mom.

We are planning to start a family soon and Pamela's mom wants to come over for a month and help with the baby. The only problem is we think she might get denied a Brazilian tourist visa because of the monetary requirements.( Her cousin's mom got denied twice based on not having enough money). Would it be better, now that she will be a citizen to petition her mother/father to come over with the I-130?

If you come over with the I-130 do you automatically get a GC (and is it conditional, when does it expire?) or do they have to file for AOS? My mother-in-law doesn't want to be separated from a long period of time from my father-in-law. She would like to come and visit us (not to live permenantly)and go back to Brazil to live. What should we do????

Thanks for all your help!!

andy

[payxibka 10,045]

I-130 results in a greencard.... If you arrive as a non-immigrant, that is when status adjustment is required

[Kathryn41 3,205]

Hi Andy,

That plan wouldn't work. The I-130 isn't a visa - it is a petition to request permission to apply for an immigrant visa. When the I-130 is approved the individual then follows through with an an application for an immigrant visa which must be approved before she arrives in the US.

Try to build up a good case for the visitor's visa - including the letter of invitation from you for her to come and visit - don't use the word 'help' - with her daughter and her new grandchild. Is it the first grandchild - if so, mention that. It would be more likely for her to be approved if both she and her husband didn't plan on coming together and he remains behind - that provides a strong 'tie' for her back in Brazil. Does she have other children back in Brazil? Young children especially who remain behind are also good 'ties'. Property ownership, work responsibilities, any type of benefit that is tied to Brazil (ie only receive retirement pensions if living in Brazil, etc.) all help to build a case that life in Brazil will be more attractive and rewarding to her than life in the US.

Good luck, hope this helps.

Edited September 5, 2009 by Kathryn41

[andy28 0]

Thanks Kathryn!

my mother-in-law has 2 sons, my father-in-law, mother, father, brothers and sisters in Brazil. She would only be visiting us the first time by herself to help us take care of the baby. The problem is they don't have a lot of money, so I hope the consular officer doesn't look at that as a major requirement. I was thinking of writing a letter and getting my senator or congressman to write a letter saying we're upstanding citizens, etc. I don't know if they do those things, but I'll try.

Thanks again!

Andy

[kokobearus 4]

Thanks Kathryn!

my mother-in-law has 2 sons, my father-in-law, mother, father, brothers and sisters in Brazil. She would only be visiting us the first time by herself to help us take care of the baby. The problem is they don't have a lot of money, so I hope the consular officer doesn't look at that as a major requirement. I was thinking of writing a letter and getting my senator or congressman to write a letter saying we're upstanding citizens, etc. I don't know if they do those things, but I'll try.

Thanks again!

Andy

I know somebody who got here for the I130 . Her son petitioned her and when she got here, she stayed for 6 months and went to USCIS and let her GC change into a tourist Visa. Uscis changed it. Now, she comes here using her tourist visa.

[andy28 0]

I guess if she gets denied the tourist visa we'll have to file the I130 and go from there. I've never heard of switching from the GC to a tourist visa.

[NickD 202]

Could try sending her mom a letter like this to bring to her local US consulate.

"U.S. Consulate,

As a US citizen, I am familiar with 8 USC Section 1324 of the US penal code with any attempts to bring an alien into this country by any means contrary to the polices dictated by both the DHS and USCIS. I am also very aware of the limits for visitation imposed by the I-94. And very familiar with the consequences of breaking these laws. I am enclosing proof of my residence in the USA.

With this knowledge and the bearer of this letter, a relative of my permanent resident wife, along with her country of origin proof of identity, it is my wish that you grant him/her a visa to the USA so they can come and visit us. If any transgressions are attempted by us, you have our location to send DHS agents to and I have full knowledge of the consequences of any such attempts to falsify our intent of this visit. We would just like to have a short visit within the guidelines of the I-94 for this visit. With this knowledge, please provide our relative with a visa.

Sincerely yours, "

Kind of hits home that this country is all about having lots of money. People with lots of money don't have this problem.

Have no idea who makes up these laws, have in-laws in both Colombia and Venezuela that have a very difficult time getting a visa to visit us. But me with a US passport can go there without any visa and received with open arms. Maybe a couple of those people overstayed their I-94 for a couples of days so everyone has to pay the price. Wife has a couple of friends from down there with very wealthy parents, they come and go as they please.

[Corinthians 7]

My mother-in-law was able to come here for the wedding from Brazil and in my opinion, she isn't rich. You just need to show ties to the country you are from. She should bring pics of her other children or grandkids there, bank statement, etc. As long as the person can pay for their own ticket and they are honest and show real ties, I don't think coming here is that big a deal.

We didn't send letters from politicians or personal guarantees either.

Edited September 6, 2009 by Corinthians

[Old Dominion 26]

Your mother in law has strong family ties to Brazil and I assume a place that she has called "home" for a long time, i.e., with her husband, to whom she wants to return. It is up to her to apply for the visa, and your letter of invitation will be helpful but not essential, except to say that you are handling all expenses for her trip and for the time she is here. Whether or not your wife is a USC is not relevant -- you are.

Politicians can't really help anyone get a tourist visa and their involvement can just be an annoyance at the consulate, full of career foreign service staff.

Edited September 6, 2009 by Old Dominion

[NickD 202]

The deal is, they want to make darn sure the visitor is going back and has good reason to. Doesn't really make much sense to me, the vast majority of illegals are here due to overstaying a visit, some for like 30 years or more. At the POE, issue you an I-94 with a time limit, know you are here, and can easily verify if you haven't left yet, so why don't they track those people down? Instead, they put that visitor through hell, especially the good ones, and if you are wealthy, own a lot of property, have lots of money in the home bank, it's easy to get the visa.

My mother-in-law had no problems getting a visa to come visit us, she owns property and didn't need any help from us. But if something illegal is attempted those that help a person come in illegally are also guilty of a crime, purpose of that letter to be send to your visitor is to let them know you are aware of the law and the penalties for breaking it, that may help in your relative for getting that visa.

When my mother-in-law came to visit, they did a strip search on that poor old woman, she was very humiliated by that experience, and never wants to come back. When I ask her to come visit us, she says, Nick, you come and visit me. Was very upset about that which was reason to file a letter of complaint to my senator and congressman.

Only hassle we get when going down there is from zillions of cab drivers, just say, no thanks, we have our own transportation. They even try to grab your bags out of your hand. Our FBI and CIA screw up, we pay the price, bunch of idiots running this country. And forget about the US Constitution when traveling, especially by air.

[menina 50]

My mother-in-law was able to come here for the wedding from Brazil and in my opinion, she isn't rich. You just need to show ties to the country you are from. She should bring pics of her other children or grandkids there, bank statement, etc. As long as the person can pay for their own ticket and they are honest and show real ties, I don't think coming here is that big a deal.

We didn't send letters from politicians or personal guarantees either.

My in-laws and their 2 sons are planning to come for our wedding in December. They will have letters from their employers and schools as well as documentation of the house they own. They have family members still living in Brasil. Can you recommend any other documents they should provide at the visa interview? Do they need to have a certain amount of money in the bank in order to obtain the visa? I do not think there will be any problem with showing real ties to the country. They will also have the round trip ticket information at the interview. Thanks for your help.

[Kathryn41 3,205]

Thanks Kathryn!

my mother-in-law has 2 sons, my father-in-law, mother, father, brothers and sisters in Brazil. She would only be visiting us the first time by herself to help us take care of the baby. The problem is they don't have a lot of money, so I hope the consular officer doesn't look at that as a major requirement. I was thinking of writing a letter and getting my senator or congressman to write a letter saying we're upstanding citizens, etc. I don't know if they do those things, but I'll try.

Thanks again!

Andy

Hi Andy,

Write the letter of invitation as NickD suggests and include the fact that your mother in law is coming to visit with you and to meet her first grandchild - your son or daughter - due on XXX date and to visit with her daughter while she recovers from pregnancy and childbirth. State how long your mother in law intends to stay and definitely state that her husband of xxx years, her elderly parents and her two other sons will all remain in Brazil while she visits. State she will have a return air fare ticket and that you and your wife will be providing for all of her accommodation and financial needs while she is in the US and will be providing her with health coverage for her duration. You may want to include a pricing quote or a statement from a visitor's health insurance plan showing the quote for the month long visit with the same dates as the requested visa dates. You could also try to include the travel itinerary you can get when you are pricing flights from certain airlines showing the travel dates from and to Brazil that she is requesting with the visa. These are not ties but they show her intent to visit for a specific period of time and that you are investigating the practical side of a visit with those dates in mind. A letter from your Senator or Congressman may be useful if he knows you personally and can vouch for you but a generic letter that you are constituents is probably not going to be useful.

Your mother in law will want to try and include these documents with her visa application rather than hope to present them at an interview. Have the opies as well for her to keep for the interview.

Good luck.

Edited September 7, 2009 by Kathryn41

[NickD 202]

Look at dealing with these immigration and visa agencies as playing a game, but not easy to play any game without knowing the rules. That letter is intended so you let them know, you know the rules and is like putting all of your cards on the table to aid your relative in gaining a visit.

Here are the rules:

"Section 8 USC 1324(a)(1)(A)(iv)(B)(iii)

Recruitment and Employment of Illegal Aliens

Encouraging and Harboring Illegal Aliens

Enforcement

RICO —Citizen Recourse

Tax Crimes

Comment

Section 8 USC 1324(a)(1)(A)(iv)(B)(iii)

"Any person who . . . encourages or induces an illegal alien to . .

. reside . . . knowing or in reckless disregard of the fact that

such . . . residence is . . . in violation of law, shall be

punished as provided . . . for each illegal alien in respect to

whom such a violation occurs . . . fined under title 18 . . .

imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality

Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or

local government) commits a federal felony when she or he:

assists an illegal alien s/he should reasonably know is illegally

in the U.S. or who lacks employment authorization, by transporting,

sheltering, or assisting him or her to obtain employment, or

encourages that illegal alien to remain in the U.S. by referring

him or her to an employer or by acting as employer or agent for an

employer in any way, or

knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and

forfeiture of vehicles and real property used to commit the crime.

Anyone employing or contracting with an illegal alien without

verifying his or her work authorization status is guilty of a

misdemeanor. Aliens and employers violating immigration laws are

subject to arrest, detention, and seizure of their vehicles or

property. In addition, individuals or entities who engage in

racketeering enterprises that commit (or conspire to commit)

immigration-related felonies are subject to private civil suits for

treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer

an illegal alien for a fee, knowing the illegal alien is

unauthorized to work in the United States. It is equally unlawful

to continue to employ an illegal alien knowing that the illegal

alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United

States without complying with employment eligibility verification

requirements. Requirements include examination of identity

documents and completion of Form I-9 for every employee hired.

Employers must retain all I-9s, and, with three days' advance

notice, the forms must be made available for inspection. Employment

includes any service or labor performed for any type of

remuneration within the United States, with the exception of

sporadic domestic service by an individual in a private home. "Day

laborers" or other casual workers engaged in any compensated

activity (with the above exception) are employees for purposes of

immigration law. An employer includes an agent or anyone acting

directly or indirectly in the interest of the employer. For

purposes of verification of authorization to work, employer also

means an independent contractor, or a contractor other than the

person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to

circumvent the employment authorization verification requirements.

If employment is to be for less than the usual three days allowed

for completing the I-9 Form requirement, the form must be completed

immediately at the time of hire.

An employer has constructive knowledge that an employee is an

illegal unauthorized worker if a reasonable person would infer it

from the facts. Constructive knowledge constituting a violation of

federal law has been found where (1) the I-9 employment eligibility

form has not been properly completed, including supporting

documentation, (2) the employer has learned from other individuals,

media reports, or any source of information available to the

employer that the alien is unauthorized to work, or (3) the

employer acts with reckless disregard for the legal consequences of

permitting a third party to provide or introduce an illegal alien

into the employer's work force. Knowledge cannot be inferred solely

on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper

article stating that ballrooms depend on an illegal alien work

force of dance hostesses was held by the courts to be a reasonable

ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly

assist an employer to violate employment sanctions, regardless of

claims that their convictions require them to assist illegal

aliens. Harboring or aiding illegal aliens is not protected by the

First Amendment. It is a felony to establish a commercial

enterprise for the purpose of evading any provision of federal

immigration law. Violators may be fined or imprisoned for up to

five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or

shield from detection in any place, including any building or means

of transportation, any illegal alien who is in the United States in

violation of law. Harboring means any conduct that tends to

substantially facilitate an alien to remain in the U.S. illegally.

The sheltering need not be clandestine, and harboring covers aliens

arrested outdoors, as well as in a building. This provision

includes harboring an alien who entered the U.S. legally but has

since lost his legal status.

An employer can be convicted of the felony of harboring illegal

aliens who are his employees if he takes actions in reckless

disregard of their illegal status, such as ordering them to obtain

false documents, altering records, obstructing INS inspections, or

taking other actions that facilitate the alien's illegal

employment. Any person who within any 12-month period hires ten or

more individuals with actual knowledge that they are illegal aliens

or unauthorized workers is guilty of felony harboring. It is also a

felony to encourage or induce an alien to come to or reside in the

U.S. knowing or recklessly disregarding the fact that the alien's

entry or residence is in violation of the law. This crime applies

to any person, rather than just employers of illegal aliens. Courts

have ruled that "encouraging" includes counseling illegal aliens to

continue working in the U.S. or assisting them to complete

applications with false statements or obvious errors. The fact that

the alien is a refugee fleeing persecution is not a defense to this

felony, since U.S. law and the UN Protocol on Refugees both require

that a refugee must report to immigration authorities without delay

upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up

to five years. The penalty for felony alien smuggling is a fine and

up to ten years' imprisonment. Where the crime causes serious

bodily injury or places the life of any person in jeopardy, the

penalty is a fine and up to twenty years' imprisonment. If the

criminal smuggling or harboring results in the death of any person,

the penalty can include life imprisonment. Convictions for aiding,

abetting, or conspiracy to commit alien smuggling or harboring,

carry the same penalties. Courts can impose consecutive prison

sentences for each alien smuggled or harbored. A court may order a

convicted smuggler to pay restitution if the illegal alien smuggled

qualifies as a victim under the Victim and Witness Protection Act.

Conspiracy to commit crimes of sheltering, harboring, or employing

illegal aliens is a separate federal offense punishable by a fine

of up to $10,000 or five years' imprisonment."

Yep, I know your rules, still willing to play, just want my relative to visit.

[VJnCaramel 0]

Even with all the evidence in the world, sometimes it just come down to the quota system. They have set amount of tourist visa to issue for any given day. So if you are denied don't be worry, just apply again some time later. With that said I wish you all the best.

[NickD 202]

Even with all the evidence in the world, sometimes it just come down to the quota system. They have set amount of tourist visa to issue for any given day. So if you are denied don't be worry, just apply again some time later. With that said I wish you all the best.

No quotas that I am aware of for a tourist visa, definitely for an immigration visa. USA has a multi-billion dollar tourist industry, want foreigners to come here and spend money. But if that asset cannot be proved, have to rely on the compassion of the consulate for just a family get-together. And a letter from the US resident may help that person get that visa. Letter and evidence is sent to the visitor to bring to their US consulate.

Seems awfully strange to me, where immigration could really clean up on fines to US residents that aid illegals that became that way by over extending their I-94, this apparently is not even enforced. And completely backwards by making a not so rich visitor from coming here. But this is what happens when we have idiots running this country.

Didn't like being treated like a criminal by the USCIS as a person that served honorably and a veteran of a foreign war. Couldn't even open a small bank account for my wife until she got her EAD card due to that stupid APA, but yet, the USA encourages foreign investors. The likes of Sony, Toyota, and Honda, now that dictatorship China, own us. So exactly who are the traitors to this country?

Dealing with immigration opened an entirely new can of worms I was never aware of.