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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28667
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My wife would like have her sister visit USA on a tourist

Customer Question

My wife would like have her sister visit USA on a tourist visa. She has been denied twice, their mom was approved. What can we do to get an appeal. And how should we say she is just coming to visit. My wife is from Brazil. I listed her name when I applied for fiance visa as a family member. I will be undergoing a medical procedure later this year in which we were going to have her help us. transplant.
We had tenants from Brazil and they have had no problems bringing tourist friends from Brazil for vacations.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I do not understand your question.

Was your sister-in-law denied a visitor visa to come here to provide your sister moral support while you undergo a transplant?

Judith

Customer: replied 1 year ago.
She will be helping us my wife is my kidney donor. I am on dialysis and on transplant list but she is my living donor. She is a match for me. We will both need assistance after transplant. I can get letter from my doctor.
Expert:  Judith Ludwic replied 1 year ago.

You cannot put down that she would be working here for your wife and you as a home health aid because that takes a job away from a US worker.

This happens often particularly with a grandparent who wants to come in to help with the new baby.

It is not looked favorably on the visa applicant to state this purpose.

That is why I put down moral (emotional) support unless the sister-in-law is the actual medical dornor.

So you need be be very careful how the request for a visa is worded.

Has she already applied and given the reason for the visa is to come and be a medical care giver?

I am going into meetings which will last until early afternoon and will get back to you to see your complete explanation of what was already told to the consul.

Judith

Customer: replied 1 year ago.
No we didn't didnt specify any reason she applied for visitor visa tourist. Nut this is second time she was denied and they don't give reason. But these tenants I have bring all there friends with no problems why do they keep denying her sister. Is there something we can do to appeal decision the mom was approved. We just want sister to come see her sister in America. The application cost a lot of money to keep getting denied with no explanation. How can we appeal and get her approved
Customer: replied 1 year ago.
How should we proceed to get
Expert:  Judith Ludwic replied 1 year ago.

The reason the visa is denied is based on 8 CFR 214(b). She has not proven to the satisfaction of the consular officer that she will return to home country at the end of her visit.

Generally what the consular officer looks at is what her occupation is, how long she has been working at her job, that she is sufficiently invested in her professional career that she would not just leave the job, that she owns her home or has other financial investments that she would not want to jeopardize loosing by failing to return home.

There is no appeal of a consular officer's decision.

She can send a letter and request that her application be reviewed by the no-immigrant visa section supervisor and that it be given reconsideration. The request for reconsideration should outline:

1. what her occupation is, how long she has been working at her job,

2. that she is sufficiently invested in her professional career that she would not just leave the job,

3. that she owns her home or has other financial investments that she would not want to jeopardize loosing by failing to return home,

4. if she is married that her spouse is remaining in home country and she would not fail to return to him and put her marriage at risk.

To be frank with you, it really comes down to your sister-in-law's credibility. The consular officers are trained to read facial expression and body language and if they picked up on lack of eye contact, fidgeting, nervous behavior, that can lead them to have some doubt about her credibility.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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