Visitor Visa for Mother and Nephew (7yrs age)

[nchhabria]

I am on work permit in US since 4.5 yrs. I am interested to call my mother and newphew to US for a short visit of 2-3 months in April 2013. My newphew is my elder brother's son and he is 7yrs old. The case I plan to make is that my mother is a homemaker and newphew has a vacation from school and hence it will be ideal to visit this time in US. My father and brother are in business hence cannot come for long duration and my sis-in-law (brother's wife) is also working, so won't get a long leave.

Another option is that I can just call my mother and her reason to go back to India will be for my father.

Does anybody see any concerns with 1st option (mother+newphew) or 2nd option (mother only) or any other suggestions are most welcome.

Thanks!

[Guest Noah Lotte]

where on earth does a 7 year get a 3 month vacation from school in April? Makes no sense.....unless the plan is to enroll said nephew in elementary school in the US....at taxpayer's expense....there is no credible school system on the planet that doles out a 3 month vacation in the spring.

[omshiv]

i only see the 2nd option is a doable.

[chakrakr]

where on earth does a 7 year get a 3 month vacation from school in April? Makes no sense.....unless the plan is to enroll said nephew in elementary school in the US....at taxpayer's expense....there is no credible school system on the planet that doles out a 3 month vacation in the spring.

I guess your "planet" begins and ends inside your house :) There is a world outside that .. trust me :)

In many parts of India summer break starts from April , in some other parts it starts from May. And Summer break is usually at least 2 months , sometimes 2.5 months.

If you know how to, go to Wiki and search for Summer Vacation. You will see Summer vacation varies widely by country (for example, in Urugua, it is December to March ) .

When it is Spring for you, it might not be Spring for every country in this planet. A little knowledge of Geography and Science will help.

OP, I do not see a problem. However, your mother will need to carry a notarized letter from your brother and his wife confirming that they do not have any objection to their child travelling with your mother.

[deb1975]

where on earth does a 7 year get a 3 month vacation from school in April? Makes no sense.....unless the plan is to enroll said nephew in elementary school in the US....at taxpayer's expense....there is no credible school system on the planet that doles out a 3 month vacation in the spring.

Do you know the school holidays around the world? In India the school session actually ends in April and then there is summer vacation from May and it is generally about 2 months summer vacation. So a 7 year old can easily come for a long vacation starting in end of April.

OP can surely try for his nephew too. The fact that his parents are not coming shows that he is coming for a vacation to his uncle and will go back.

[t75]

What parents would want to be separated from their child for so long? It sounds like grandma is the babysitter and child has no one to take care of him if she visits.

[nchhabria]

Apologies I did not mention the exact duration, but I just found out the vacation is from April 15th to June 15th, which is 2 months. Also the school is ready to provide a letter mentioning the vacation dates. Is it worth giving it a try for the 1st option (mother + newphew). Any other suggestions to make the case stronger ?

[Guest Noah Lotte]

and just why does a 7 year old need to be on 'vacation' without his parents? (and, BTW, a child normally qualifies for a visa through his or her parents, (so if the parents don't have visas, neither will the child) not through some other person...and a VO will be wondering what's the rush to have a child wander off to the US, essentially alone...)...moreover, a third party applying for a minor child also makes little sense...at least one parent should either accompany said child to the interview, or apply for the visa themselves; however, if they have never had a visa, they will be asked to come in for an interview. That's how it is on my planet.

[rahul412]

where on earth does a 7 year get a 3 month vacation from school in April? Makes no sense.....unless the plan is to enroll said nephew in elementary school in the US....at taxpayer's expense....there is no credible school system on the planet that doles out a 3 month vacation in the spring.

My friend, not all the countries have same season at a given time. If it's summer in northern hemisphere(U.S), then it's winter in Southern Hemisphere( Australia).

I guess even a 6th grade kid knows about this. Just ask your kid.

[rahul412]

What parents would want to be separated from their child for so long? It sounds like grandma is the babysitter and child has no one to take care of him if she visits.

sooooo long?? It's just 3 months. And it's not guaranteed that they will be staying for whole 3 months.

[chakrakr]

What parents would want to be separated from their child for so long? It sounds like grandma is the babysitter and child has no one to take care of him if she visits.

Who are you to judge ? And what is your problem if a kid visits his uncle for an extended duration ? Thsi is an immigration forum. Go to a social forum if you want to discuss such topics

[rahul412]

Apologies I did not mention the exact duration, but I just found out the vacation is from April 15th to June 15th, which is 2 months. Also the school is ready to provide a letter mentioning the vacation dates. Is it worth giving it a try for the 1st option (mother + newphew). Any other suggestions to make the case stronger ?

Forget about all the above BS.

Just do what 'chakrakr' said.

[rahul412]

What parents would want to be separated from their child for so long? It sounds like grandma is the babysitter and child has no one to take care of him if she visits.

In some countries summer vacation is 3 months.Usually kids spend their summer time with grand-parents. Here the kid is spending time at his uncle's home along with grandma.

[chakrakr]

and just why does a 7 year old need to be on 'vacation' without his parents? (and, BTW, a child normally qualifies for a visa through his or her parents, (so if the parents don't have visas, neither will the child) not through some other person...and a VO will be wondering what's the rush to have a child wander off to the US, essentially alone...)...moreover, a third party applying for a minor child also makes little sense...at least one parent should either accompany said child to the interview, or apply for the visa themselves; however, if they have never had a visa, they will be asked to come in for an interview. That's how it is on my planet.

So in your planet (aka your home) a child cannot travel to his uncle's house with his Grandma . Fine. But don't try to extend your rule all over the world. Heck you don't even know that a world exist outside your home :)

There is no US law that a child need to be accompanied by his/her parent for a visa interview, nor is there any law that a child cannot travel with Grandma. But I agree, you might have some law like that in your home :)

[rahul412]

and just why does a 7 year old need to be on 'vacation' without his parents? (and, BTW, a child normally qualifies for a visa through his or her parents, (so if the parents don't have visas, neither will the child) not through some other person...and a VO will be wondering what's the rush to have a child wander off to the US, essentially alone...)...moreover, a third party applying for a minor child also makes little sense...at least one parent should either accompany said child to the interview, or apply for the visa themselves; however, if they have never had a visa, they will be asked to come in for an interview. That's how it is on my planet.

It's clearly mentioned by OP, that they are working and can't take such long break.

If VO asks for his parents to attend the interview, that's not a BIG deal for them because everything here is genuine and reasonable.

If VO feels that something is wrong then he simply rejects the application.End of the story.

[nchhabria]

So the answer to my concern is that I can go for option 1 (mother + newphew) , if I have a notarized letter from my nephew's parents i.e. my brother and sis-in-law. That is good to know. Thanks all!

[nchhabria]

and just why does a 7 year old need to be on 'vacation' without his parents? (and, BTW, a child normally qualifies for a visa through his or her parents, (so if the parents don't have visas, neither will the child) not through some other person...and a VO will be wondering what's the rush to have a child wander off to the US, essentially alone...)...moreover, a third party applying for a minor child also makes little sense...at least one parent should either accompany said child to the interview, or apply for the visa themselves; however, if they have never had a visa, they will be asked to come in for an interview. That's how it is on my planet.

How true is this statement 'if the parents don't have visas, neither will the child' because my brother and his wife both don't have US visa, so will it affect the visa stamp for their child i.e. my newphew ?

[Guest Noah Lotte]

You will find out how true this statement is when your mother and nephew apply....think about it...a child does not have a job, and elementary school is not exactly a strong tie (especially since people have been known to 'forget' taking their children back to their own country and instead, have left them with other relatives in the US, where said left behind children attend school at US taxpayer expense...) so what 'ties' is the child supposed to have? In general, with all of the problems of trafficking children around the globe, VOs are much more alert for situations that may contribute to this terrible fact of life.

[rahul412]

So the answer to my concern is that I can go for option 1 (mother + newphew) , if I have a notarized letter from my nephew's parents i.e. my brother and sis-in-law. That is good to know. Thanks all!

Exactly. Just do what 'chakrakr' said.

Even if his parents are asked to make an appt, that shouldn't be a problem as they have genuine reasons for not attending the interview earlier along with their son.

[chakrakr]

How true is this statement 'if the parents don't have visas, neither will the child' because my brother and his wife both don't have US visa, so will it affect the visa stamp for their child i.e. my newphew ?

False. Noah has history of imagining lot of things. There is no such law

[chakrakr]

You will find out how true this statement is when your mother and nephew apply....think about it...a child does not have a job, and elementary school is not exactly a strong tie (especially since people have been known to 'forget' taking their children back to their own country and instead, have left them with other relatives in the US, where said left behind children attend school at US taxpayer expense...) so what 'ties' is the child supposed to have? In general, with all of the problems of trafficking children around the globe, VOs are much more alert for situations that may contribute to this terrible fact of life.

What happened to your earlier arguments ("where on earth does a 7 year get a 3 month vacation from school in April?") Did you learn that there is a world outside your home ?

With your argument, you already exposed that you have ZERO knowledge about anything.

Stop scaring people based on your ZERO knowledge .... better go to an elementary school to learn some basic geography and science.

If returning to parents is not a strong tie nothing in the world is a strong tie

[Guest Noah Lotte]

I never said there was a law...there is, however, policy that exists many of our embassies around the world, that children qualify through their parents, and the VOs can, and often do require at least one parent at the interview. The reasons for this policy are sound: mostly to reduce the chances of children being taken (abducted) from their parents to the US, among other reasons.

[rahul412]

You will find out how true this statement is when your mother and nephew apply....think about it..

So you mean to say that, their is no rule 'if the parents don't have visas, neither will the child'?

[Guest Noah Lotte]

ask yourself if you were a parent...would you want an in-law to be able to apply for a visa for your child without you being aware? IF you were a VO, tasked with the responsibility of preventing international child abduction, and some relative showed up at your window with a child in tow asking for a visa, what would you do?

[chakrakr]

I never said there was a law...there is, however, policy that exists many of our embassies around the world, that children qualify through their parents, and the VOs can, and often do require at least one parent at the interview. The reasons for this policy are sound: mostly to reduce the chances of children being taken (abducted) from their parents to the US, among other reasons.

And can you cite the policy ? All of immigration law, memo , policy, handbook are available on net. So where is this policy ?