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Rebecca White
Rebecca White, Immigration Lawyer
Category: Immigration Law
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Experience:  Experienced immigration attorney.
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I want to invite my father and mother in law to visit me and

Customer Question

I want to invite my father and mother in law to visit me and my wife and my two month old daughter. I am a us citizen and my wife is a permanent resident . I sent them a letter of invitation with out financial statements, we only make 38k per year. they went to the us embasy in Lima, Peru twice. the visa was denied. they were told the second time to try on their own. But we do not know why they were denied the visa. what can we do to guaranty an invitation visa to them.
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Rebecca White replied 5 years ago.

The concern may well be that as the parents of a US citizen they are immediate relatives and could apply for greencards. The consulate may be concerned that they would enter as visitors and then stay to apply for their greencards from within the US instead of through the consulate.

 

If your family owns their home in Peru, or has a business or employment that they would need to return to, that would be important to show to the consulate. Also, if they have younger children still in their care, or if they have other grandchildren in Peru that they care for, that would be another substantial reason to show that they would return to Peru after the visit.

 

The 38,000 is likely sufficient - they are not looking to see if you are wealthy, only that your parents would not need to engage in unauthorized employment during their visit to support themselves.

 

Would your parents have any of the above items to show to the consulate?

Customer: replied 5 years ago.
my wife is their dauther and she is not a US citizen, she is permanent resident. I am a us citizen and they are my father and mother in law. They have a 2000 toyota corolla, they rent a house but with in a year they will be purchasing a condominion. Also my father in law is a self employed he is construction master electrician and plumer he used to file taxes two years ago. could their age help them qualify????? my father in law is 64 years old my mother in law is 51 years old. could a pension from as help them???????? we send them money every month. could they get someone to help them in Peru to get any of the above requierements. Are there more alternatives ????? Please help. thank you so much
Expert:  Rebecca White replied 5 years ago.

Oh - ok. That your wife is not yet a citizen should lessen the concern that they may apply for a greencard while they are in the US as visitors. They should bring in proof of everything they can, but, unfortunately, the grant of a visitor visa is descretionary and can be denied for fairly arbitrary reasons. The more they can show in terms of home country ties the better. I would not focus on their age unless they are about to or do qualify for benefits if they remain in Peru that they would not otherwise qualify for - anything to show that it is in their own self interest to return to Peru and not overstay a visitor visa.

 

You may also want to be clear that they would not be intended as babysitters while here - just meeting the grandchildren.

 

I wish I could tell you more to help with this. The only other alternative to a denied visitor visa is to look to other options - such as your wife naturalizing and filing for their greencards. Obviously there is an irony there - that in doing so she could get them in to the country, but that would require their showing an ability and desire to remain in the US, rather than the desire and reason to return to Peru required by the visitor visa.

Customer: replied 5 years ago.
in any case would it help if my wife and i go in person to the US embasy in Lima Peru.
Expert:  Rebecca White replied 5 years ago.
No, I do not think that would be helpful, unless you feel that there is a communication issue occuring. A strong focus on documentation of their ties to Peru and their reasons to return after a short term visit will be more effective.

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