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  • B1/B2 visa related questions

    Hi,

    Quick background before I jump into question. I am Canadian permanent resident and Pakistan Citizen. I lived and worked in Houston, TX for over 5 years from 2006 to 2011 with my wife and both my kids were born there and are US citizens. We complied with all the requirements of our US non-immigrant visa. My wife is also Canadian Permanent resident and Pakistan Citizen. Currently both my wife and I have US non-immigrant B1/B2 visa valid until 2017. During my stay in Houston, TX I invited my parents and my brother to visit me in Houston, TX. They were issued 5 year multiple entry B1/B2 visa, they visited me in 2006, my parents returned to Pakistan in 2 months and complied with all the requirements of the visa which has expired now. My brother change his status to student / F1 and completed graduation, however, he did not find job and currently he is still in US and he is out of status for around one year now.
    My parents are now visiting me in Ottawa, Ontario, Canada on Canadian super visa. Canadian super visa is issued to the parents of Canadian citizens or permanent residents and the parents can stay up to max of 2 years on this visa. Here is the link to the complete information. http://www.cic.gc.ca/english/visit/supervisa.asp
    My parent has valid super visa until 2017 and they plan to stay with me for sure until Jan 2015 (arrived here Aug 2014) and they may extend their visit (maximum up to July 2016). We plan to visit New York, my wife and I have valid B1/B2 visa, my kids are US citizen, however, my parents currently don’t have valid US non-immigrant visa. My parents also want to visit New York with us.
    Following are my questions
    1. Can they apply for B1/B2 in US consulate in Ottawa, Ontario, Canada? Asking this question because their citizenship is Pakistan, however, as mentioned above they are staying in Canada. Will US consulate process my parents application or will they ask my parents to go back to Pakistan and apply from there?
    2. What address should they write in DS-160? Canadian home address or Pakistan home address?
    3. In DS 160 there is a question about immediate relative, they are concerned that if they write their son (my brother) is in US, they may trigger immigration authorities to chase him since he is out of status. Should they mention of him in the application? Further if they do mention of him, then DS 160 also asks about what is the status of the immediate relative, what should be the answer – ‘non-immigrant visa’ or ‘other / I don’t know’? IF they mention of him in the form, if they get asked in the interview what is the status of their son and what is the address etc, how should they respond? For your information when I applied for the B1/B2 visa in 2012 at that time my brother was still in valid F1 status so I did mention of him in my DS 160 application form.
    4. My mom’s sister is US citizen, however, she is settled in Pakistan, not it US. Do they need to mention it in the form? When they applied for B1/B2 visa back in 2006 they don’t remember they mentioned of her in their application form? Only concern they have is they may not have mentioned this in earlier application and if they mention now it would raise obvious question why not mentioned in earlier application.
    5. DS 160 form asks about other relatives, my parents nephews are in US, however, they are not close to them and don’t know all the details, should they say yes in DS 160? If so in the interview are they expected to know the details or simply say they are in so and so State etc.
    6. My parents are not fluent in English, can I assist them during the interview?
    Would appreciate your help with above. thanks.

    FAS.

  • #2
    Barring unusual circumstances and emergencies, the US embassy requires that everyone apply in their country of
    permanent residence where the consular officers are trained to be familiar with local cultures and customs and can better assess the ties of applicants.
    That said, they could apply in the later part of their supervisa stay and if they can say their plan is to stay in canada for a full year.
    Then it can be argued that they have been here for several months and want to be a part of the family's outing to US. Applying right now the chances of denial would be high.

    Your bro's illegal status will definitely be a negative. I do not know if Immigration agents will be after him but their chances of visa success can decrease. As a member of the family overstaying can mean others can do it too. And visa officers are dead against overstaying public.
    That said, I personally think one should not lie in the form, as they can ask follow up questions about their other children, which can lead to the lie getting caught.
    Which will mean no B1/B2 never again for your parents.

    Mention of US citizen sister living outside US can be omitted as the question asks of immediate relatives inside US.
    Nephews can be omitted too if they are distant and out of touch.

    No, you cannot assist them , you won't be allowed in.Call the embassy to see if there is a provision for an interpreter.

    Comment


    • #3
      thanks

      thanks a lot! peace999.

      For my brother (applicants son) when they respond to question in DS 160 re his status, any thoughts should they say 'non-immigrant visa' or 'other / I dont know'? Originally he was on valid F1 status (until April 2013). Not sure if we say non-immigrant status will they take our response on face value or do their own checking.

      Comment


      • #4
        Please do not take any offense, but overstaying one's stay is never a smart thing to do.
        Why did your brother do it? Now he cannot leave US because he will incur a 10 yr bar to entry .
        And his illegal presence will jeopardize parents' visa approval.

        Suggestion;
        Let your bro sort out his visa status first. The only way for him now is getting married to a US citizen. Your parents should apply for their visa
        after he has sorted it out or after he has left US.

        Comment


        • #5
          no offense take, infact I am very thankful for your insights and suggestion.

          I agree with your suggestion, however, its a complex situation, my brother is dealing with some very challenging issues and at this point is not able to sort out his status.

          thanks a lot for your help!

          Comment

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