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Posted (edited)

Hi, my sister came to the USA as a baby but she left (voluntarily) before they made the dreamers act. I filed a 130 visa for her in 2009 and it was accepted in 2010. I am a U.S. Citizen. Basically, all her immediate family are US Citizens. She was born overseas, but pretty much grew up in USA. Anyways, I called the UCSIS and asked about case status, it's still processing. I didn't ask which office is processing it... I know the receipt case number though. I have heard that she applied for a visa just for visiting a few years ago but was denied. She doesn't own any property, etc. She rents. So my question is can she come and visit at least? It's been over 10 years and she never had any kind of criminal record in USA, which she was brought here as a baby. Is visiting your immediate family a legitimate reason for visitor visa? 

I"m just trying to think of the fastest way for her to come and visit.  Thanks

Edited by trektrekki
gratitude
Posted (edited)
46 minutes ago, trektrekki said:

She doesn't own any property, etc. She rents.

What strong ties does she have to her country of residence? All B-2 applicants must overcome INA 214(b): "Every alien (other than a nonimmigrant described in subparagraph ( L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title."

 

*** Moved to the Tourist Visas forum ***

Edited by HRQX
Filed: Citizen (apr) Country: Canada
Timeline
Posted

Sadly her reasons for visiting the US are irrelevant.  She must show strong ties to her home country.  Right now she seems to have stronger ties to the US than her home country.  

Exactly when, and how old was she, did she leave the US ?

 

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: K-1 Visa Country: Wales
Timeline
Posted

She can certainly apply

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
On 11/15/2021 at 4:11 AM, canadian_wife said:

Sadly her reasons for visiting the US are irrelevant.  She must show strong ties to her home country.  Right now she seems to have stronger ties to the US than her home country.  

Exactly when, and how old was she, did she leave the US ?

 

Good luck

It was around the same time I filed the petition, probably after she left. so 2010. In her 20s.

Edited by trektrekki
Posted
On 11/14/2021 at 9:27 PM, HRQX said:

What strong ties does she have to her country of residence? All B-2 applicants must overcome INA 214(b): "Every alien (other than a nonimmigrant described in subparagraph ( L) or (V) of section 1101(a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101(a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title."

 

*** Moved to the Tourist Visas forum ***

I would say continuous residence over a period of time. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Please let us know what happens.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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