visiting visa for my nephew (10 yrs old)

[katikireddy]

Hi,

I want to bring my father and nephew on visiting visa during my nephew's summar holdays. I am here in US for last 3 years on L1 A visa.

In 2009 my father and nephew visited USA for 40 days (summar vacation for my nephew),
at that time
> my other sister (who is on GC) sponsored my father's visa and he got it for 10 years.
> in 2009, my nephew's father (my brother-in-law) was here on L1 visa and sponsored L2
dependent visa for his son (my nephew)

Now my nephews father went back to India and my nephew's L2 visa got expired now. So, I would like to sponsor visiting visa for my nephew so that he can come along with my father (who is already having valid visiting visa).

My nephew is being brought up by my his grand father(my father) as his mother is no more and -my brother-in-law got second marriage and living with his wife and 2 children.

I will be sponsoring their (my father and nephew)trip, I have the bank balance and will issue the inviation letter that I will be taking care of his trip along with my father

I have the following questions:
1) Can my father take his grandson (my nephew) for the personal visa interview?
2) Is there any letter (or documentation) required from my nephew's father (my brother-law)
authorizing my father as guardian and he has no objection for his son's USA visit?
3) Will there be any issues in grating visiting visa for my nephew? ( with the fact that he already visited once in 2009 and went back within 40 days (summer vacation). And expect the same way now..

Will appreciate your help on this?

Thanks,
Sreedhar.

[peace999]

Hi,

I want to bring my father and nephew on visiting visa during my nephew's summar holdays. I am here in US for last 3 years on L1 A visa.

In 2009 my father and nephew visited USA for 40 days (summar vacation for my nephew),
at that time
> my other sister (who is on GC) sponsored my father's visa and he got it for 10 years.
> in 2009, my nephew's father (my brother-in-law) was here on L1 visa and sponsored L2
dependent visa for his son (my nephew)

Now my nephews father went back to India and my nephew's L2 visa got expired now. So, I would like to sponsor visiting visa for my nephew so that he can come along with my father (who is already having valid visiting visa).

My nephew is being brought up by my his grand father(my father) as his mother is no more and -my brother-in-law got second marriage and living with his wife and 2 children.

I will be sponsoring their (my father and nephew)trip, I have the bank balance and will issue the inviation letter that I will be taking care of his trip along with my father

I have the following questions:
1) Can my father take his grandson (my nephew) for the personal visa interview?
2) Is there any letter (or documentation) required from my nephew's father (my brother-law)
authorizing my father as guardian and he has no objection for his son's USA visit?
3) Will there be any issues in grating visiting visa for my nephew? ( with the fact that he already visited once in 2009 and went back within 40 days (summer vacation). And expect the same way now..

Will appreciate your help on this?

Thanks,
Sreedhar.

As per the embassy, both parents or one parent carrying the other parent's no objection letter
should attend the interview.
In this case, they will expect his father to be present as he is the only parent alive.

I am not sure if they will accept the grandpa with the no objection letter from his father.
Even if they do, an unusual family situation for your nephew ( no mother, living away from father) will be exposed to the officer. And he will not grant the visa on the basis of " the applicant has no family ties to India", thinking you in US may be trying to take over from your father for your nephew's care.

If your nephew's real father can take him to the interview pretending he is taking care of him, it
will carry more chances of success. He can take a no objection from his second wife and also carry a death cert. of his first wife.

[katikireddy]

Thanks for the reply..
Will my nephew required to be present physically for the visa interview along with his father?

[peace999]

Thanks for the reply..
Will my nephew required to be present physically for the visa interview along with his father?

Yes, he has to be.
Though I suggested this but officers are highly trained to detect family situations through indirect questioning. You are a better judge of your nephew's situation , so it is up to you
to decide about the father going for the interview.

[katikireddy]

Otherwise, just thinking whether both father and grandfather take the boy(my nephew) for the personal interview? so that the father can explain that my father-in-law (grand pa) has visa already and wishing to send his son to summar holidays (along with his grand pa) for his uncle in US..

Since earlier (in 2009) both my father and nephew travelled together and went back - will the visa officer believe that this is genuine case and will return back for sure?

[katikireddy]

hi, can you please suggest on my previous post? appreciate your help.

[peace999]

Otherwise, just thinking whether both father and grandfather take the boy(my nephew) for the personal interview? so that the father can explain that my father-in-law (grand pa) has visa already and wishing to send his son to summar holidays (along with his grand pa) for his uncle in US..

Since earlier (in 2009) both my father and nephew travelled together and went back - will the visa officer believe that this is genuine case and will return back for sure?

In 2009 the family situation was different. These days they look at the apps in light of current situation.
I do not think they will allow two non-applicants in with the boy. What you are saying can be told by the father without granpa's presence.

If the father can cooperate fully, that is your best bet.
He can go in and say that he wants to send his son to US with his grandpa for the vacation. For about a month.
Must take the enrolment and vacation letter from the school.
Must take a copy of grandpa's passport and visa in case they ask.
Must take stepmother's no objection letter .
Must not say anything that suggests that the boy is living with grandpa and not him.

[katikireddy]

Thanks much for your response, all your responses are very helpful.

/ **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** /
If the father can cooperate fully, that is your best bet.
He can go in and say that he wants to send his son to US with his grandpa for the vacation. For about a month.
Must take the enrolment and vacation letter from the school.
Must take a copy of grandpa's passport and visa in case they ask.
Must take stepmother's no objection letter .
/ **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** /

All the above can be fulfilled 100%. But I see an issue with the following:

/ **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** */
Must not say anything that suggests that the boy is living with grandpa and not him.
/ **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** /

My nephews school is in a town where my father lives. The school letterhead (vacation letter) will have the school address. My father's passport also has the same town name mentioned. If they cross check the VO can find out that the boy is not living with his father, and living with granpa right?

My nephew's father is a sofware engg working in B'lore. He cannot also say that he is working in the town being in software job. Or can he tell that his family (wife and kids) are living in the town as he got transferred to B'lore from another city and yet to put up the family. Will that work or will it create suspision for VO..can you please suggest?

[peace999]

Thanks much for your response, all your responses are very helpful.
My nephews school is in a town where my father lives. The school letterhead (vacation letter) will have the school address. My father's passport also has the same town name mentioned. If they cross check the VO can find out that the boy is not living with his father, and living with granpa right?

My nephew's father is a sofware engg working in B'lore. He cannot also say that he is working in the town being in software job. Or can he tell that his family (wife and kids) are living in the town as he got transferred to B'lore from another city and yet to put up the family. Will that work or will it create suspision for VO..can you please suggest?

With them living in different towns, it may be detected during questioning.
I suggest you do not take the risk. If a lie is detected , future visa apps for the boy
will be jeopardised.
After all, it is just a visit .
Or If you really want to bring the boy to the US for life, you could look at other , serious visa options.

[katikireddy]

Thanks, will not do that then. We are planning only for visit so that he enjoys his summer holidays. No other intention.

What if if the father says the true situation > boy is living with grandpa. His uncle would like to sponsor my son's trip along with his father who is having visiting visa so that he can visit places and spend his summer holidays.

Or can my father take him for the visa interview as custodian with the letters from both parents.

Whar are the chances of approving the visa in that case.

If there is a chance and I can give a try without jeopardising future visa apps for the boy, I will pursue else I will drop my plan of bringing him for the visit here. Please suggest.

[katikireddy]

Appreciate if you could answer my last post - so that can take course of action accordinlgy.

thanks for all your help.

[peace999]

I think the best would be the father of the boy go for the interview ( which would be required).
He should not talk about the real family situation voluntarily . But if the officers asks more, he should not lie. If you are lucky the officer won't venture into the boy living separately and concentrate more on your status in US, and the boy's father's income etc.