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I am a U.S. citizen and I live in the U.S. . I have a cousin

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

I am a U.S. citizen and I live in the U.S. . I have a cousin who lives in Mexico. Is there a way I can petition for him in order for him to receive a tourist visa for about a week or so?

 

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State/Country relating to question: South Carolina

Submitted: 281 days and 5 hours ago.
Category: Immigration Law
Value: $24
Status: CLOSED
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Expert:  Guillermo J. Senmartin, Esq. replied 281 days and 5 hours ago.

Tourist visas are not petitioned for by anyone other than the person that will use it. People often think that it is important to have a U.S. Citizen invite a person and that is not true. Often tourist visas are approved for real tourists that just want to sightsee in the U.S. and the tourist knows no one in the U.S. You can look at the link below for all the information that you need on the visitor visa:


http://travel.state.gov/visa/temp/types/types_1262.html


Essentially, he must have a valid reason for visiting, must have a way to support themselves without working illegally, must have significant ties to his home country, and must have the intent to return home.


A letter of invitation helps with some of this as it will help to show why he is coming to the U.S., how much time he will need and that perhaps he will have a place to stay so that he doesn't have to spend money. Usually you want to show that he is going just for a few weeks or so. If it is longer than that, Immigration will wonder why and will become suspicious. They are almost sure to deny someone that says they want to visit for 5 or 6 months unless they have very strong evidences of everything else I listed above. But keep in mind that a letter of invitation is a small part of the process and isn't even a requirement (people mistakenly believe it is the most important) and it can sometimes be used against the applicant. For example, if the consular officer believes that the applicant will have too much support meaning that they could stay illegally in the U.S., the officer would deny the visa. Sometimes it is better to not even have a letter of invitation. The most important part of a case is to have strong ties to the home country.


So your letter should state why you are inviting him and that you will provide room and board while he is here visiting.


Now as to some of the ties, he will need to show that he has significant close family at home, property not easily sold, and a good job for a good company that he has had for awhile that he would not normally abandon.


So if he is young, and without much money or any property or a good job, he would probably be denied. They would see him as a risk for staying illegal. Also, persons that are planning to travel with their spouse and children are a risk as well because some of their significant ties are actually going with them.


I mean some people have been approved with less, but I am trying to give you the idea for the best chance. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer replied 281 days and 5 hours ago.

Thanks, XXXXX XXXXX if he wanted to work temporary ? how would that work?

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Expert:  Guillermo J. Senmartin, Esq. replied 281 days and 5 hours ago.

That's worse. Why? Because of the high unemployment, USCIS will not easily approve a Work Visa. They want the few jobs available to go to U.S. workers, not foreign labor. What level of education does he have? Does he have a job offer? Does that job offer require a bachelors degree?

Customer replied 281 days and 5 hours ago.

Oh okay I see. He does not have any type of degree.


I have a shorten life span due to medical reasons. I would like to see him before I ___ . This is the main reason of requesting to see him. Would this help if I stated this in a letter?

Accepted Answer

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Expert:  Guillermo J. Senmartin, Esq. replied 281 days and 5 hours ago.

It can help, but the most important thing is strong ties to his country to ensure that he will go back. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.

Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 26839
Answered: 7/4/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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