Legal Question in Immigration Law in California

Hello, my name is Cynthia Jimenez, my mother recetly became a permanent resident and is living in Los Angeles, and also she has my little brother who is eleven years old and living in Mexico, she apply to get a the residency for him las week, and she was thinking of getting him a tourist visa, he has never entry the U.S. and the process to make him resident is 6 years the lawyer told us.. so we wanted to know if it is posible fo him to get a visa just to visit, he is living with my grandmother, so should my grandmother apply to get a visa for him or my mother can do that?...thank you for your time.


Asked on 12/21/09, 5:07 pm

2 Answers from Attorneys
Jennifer Brill

He would have to apply for a B-tourist visa w/ his grandmother at the U.S. consulate in Mexico. It may prove to be a difficult task, as he must convince the consular officer (with his grandmother) that he has no intention of residing in the U.S., that he is only going to visit. Since the I-130 visa petition is already pending, and that will be disclosed in the consular interview for the tourist visa, it may be difficult to show, although not impossible. Your brother and his grandmother should prepare to show the consulate proof of his intention to just visit the U.S., which may include, a letter from the person that he is visiting (your mother), school records in Mexico showing that he is going to school and is registered to continue to go to school, letter from school, and any other documentation showing that he has an intention to reside in Mexico (not in the U.S.).

Read more
Answered on 12/26/09, 5:19 pm
Luba Smal Smal Immigration Law Office

First of all, how your mother became a permanent resident? Who petitioned for her?

An eleven-year old child can apply for a visitor's visa, but it can be denied under the circumstances. An application is submitted by him and his legal guardian to the US consulate in Mexico.

It apears that the lawyer you consulted didn't give you a correct or complete advice. Consult a knowledgeable lawyer (not a "notario" or a "consultant").

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Read more
Answered on 12/26/09, 5:20 pm


Related Questions & Answers

More Immigration Law questions and answers in California