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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
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Experience:  B.A.; M.B.A.; J.D.
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I PETITIONED FOR MY IMMIGRANT MARRIED SON (F3) IN 2005. IT

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I PETITIONED FOR MY IMMIGRANT MARRIED SON (F3) IN 2005. IT WAS APPROVED IN 2010; HOWEVER BECAUSE HE LIVES IN THE PHILIPPINES, HE HAS TO WAIT, MAYBE MORE THAN 10 YEARS. I AM GETTING OLD AND SICKLY. CAN HE AND HIS WIFE COME TO VISIT ME IN HAWAII AND HIS SISTER IN CALIFORNIA, IF I SEND HIM A TICKET? HE IS POOR AND MAY NOT BE ABLE TO PRESENT SUFFICIENT BANK BALANCE OR ASSETS FOR A TOURIST VISA.

IF HE IS APPROVED TO COME FOR MY HEALTH REASONS, WILL HIS PRIORITY DATE CHANGE?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



I PETITIONED FOR MY IMMIGRANT MARRIED SON (F3) IN 2005. IT WAS APPROVED IN 2010; HOWEVER BECAUSE HE LIVES IN THE PHILIPPINES, HE HAS TO WAIT, MAYBE MORE THAN 10 YEARS. I AM GETTING OLD AND SICKLY. CAN HE AND HIS WIFE COME TO VISIT ME IN HAWAII AND HIS SISTER IN CALIFORNIA, IF I SEND HIM A TICKET? HE IS POOR AND MAY NOT BE ABLE TO PRESENT SUFFICIENT BANK BALANCE OR ASSETS FOR A TOURIST VISA.


Response 1: Regrettably, with a pending immigrant visa and his poor health, it is highly unlikely for him to get a tourist visa. He would not be able to overcome the presumption that he is trying to cut through the line—that he is trying to use his tourist visa to immigrate to the United States before his priority date becomes available.

IF HE IS APPROVED TO COME FOR MY HEALTH REASONS, WILL HIS PRIORITY DATE CHANGE?



Response 2: Absolutely not. The approval of his tourist visa has no bearing on his priority date. He has to wait his turn. Also, it is highly doubtful that he would be issued tourist visa in the first place under the circumstances described by you in your post here.

I am sorry that I do not have better news for you. However, I have ethical and professional obligation to give you honest assessment of your case eventhough the assessment is not in your favor.

Thank you for your understanding,

Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 13135
Experience: B.A.; M.B.A.; J.D.
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