Is there anyway I can request a B-2 visa for my 79 year old father thru the Immigration without having to file an I-130? I'm an American citizen and my father went to the consulate in Brazil last year and applied twicefor a tourist visa carrying all of the necessary documents from me and the visa still was denied. He just want to visit and not live in the US.
2 Answers from Attorneys
No, you can't request a B2 visa for your father. He will have to reapply again at the US consulate in Brazil. He applies for a Visitor's visa by himself (not through you, his son).
An alternative, as you know, is the petition for permanent residency, form I-130, which you can file (as a US citizen for his parent). Other than that, you can't petition for him. He needs to prove to satisfaction of American Consul that he is not an intending immigrant if he applies for a B2 visa again.
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The primary issue here is the presumption of immigrant intent. Our law presumes that all foreign nationals want to come and reside permanently in the U.S. It is the foreign nationals burden to prove they want only to be here for a short period of time.
In your father's case, he is likely being denied due to your presence in the U.S. and your immigration status. The Department of State may be thinking that your father is seeking to immigrate (reside permanently) and is improperly applying for a tourist visa (which is a temporary visa used only for visiting). It is your father's burden to prove he intends to return home after his visit. There are specific evidentiary issues that DOS will review in their determination. Retain counsel to prepare your father to present them and to effectively communicate his intent.