If I cancel my daughters suspended immigration application would she the be able to visit the USA. Can she visit now even though her visa application has been suspended.
2007-07-25 10:46:10 · 6 answers · asked by I need help 2 in Politics & Government ➔ Immigration
okay its because I cant locate her biological father and they say they need his permission although he is not named on her birth cert and does not want any contact. myself and my other children can go but not her and my husband is in the military and finding it hard to be able to get posted over here.
2007-07-25 10:53:36 · update #1
By suspended, what do you mean?
Suspended is generally referred to as what USCIS does with your application while waiting for you to send information in to them. Is that what this is about, a request for evidence? If so, the application is not suspended in a "bad" way... They're just waiting for you to send it in, so they stopped processing until they get it. If you do not have it, the best thing to do would be to submit as much information as you can to prove that to them. Make sure your submit it before the amount of time to respond to the RFE is up, or else the application will in turn be denied.
If by suspended you are meaning the case was already denied, then as long as you havent filed motions to repoen or appeals to that decision, then the application would no longer be valid & nothing should be holding her back from coming here to visit.
In order to visit, however, she would have to have a valid B1 or B2 Vistitor Visa, unless she is part of the Visa Waiver Program, which means she can enter the US without a visa pretty much. In order to get her a visa, you would have to contact the US Department of State. They would start you off on the right track... Their website is http://www.state.gov . They have telephone numbers posted if you have any questions and if you would rather contact the consulate directly, they also have the contact information for the consulate posted on that website as well.
Unfortunately USCIS does not issue visas... That is the Department of State and essentially, the embassy or consulate. Soo, in part, it's up to them whether they give it to her or not :-S.
Hope this helped a bit. If you have questions or concerns, dont hesistate to call USCIS' Customer Service Center. They are open from 8AM until 6PM Nationwide, Monday through Friday. Their number is posted on the USCIS website at http://www.uscis.gov .
2007-07-25 13:32:01 · answer #1 · answered by UsCiS-ReP 2 · 0⤊ 0⤋
An immigrant visa application was filed, so it is assumed that this person intends to immigrate and STAY in the United States.
This is a hard burden to overcome when seeking a visitor's visa. You must satisfy the consular officer that she will actually RETURN TO HER COUNTRY and not stay in the United States. What does she have to return to there? Can she prove it?
This appears to be your idea of circumventing the law. I think a consular officer would believe the same thing.
By definition, your daughter is an INTENDED IMMIGRANT and therefore is inadmissible to the U.S. as a visitor.
2007-07-25 18:16:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She will need a travel visa and since her immigration application has been suspended she most likely will not be issued a travel visa.
2007-07-25 17:53:02 · answer #3 · answered by desbabydoll 1 · 0⤊ 0⤋
Why would you cancel the application? if anything that would not go in her favor
*You added that you can not locate the father, can yoiu not just tell them that? or you could say you are not sure who the father is. Best option talk to a lawyer
2007-07-25 17:49:10 · answer #4 · answered by Mama~peapod 6 · 0⤊ 0⤋
It will depend very heavily on why her application was suspended.
2007-07-25 17:49:08 · answer #5 · answered by davidmi711 7 · 0⤊ 0⤋
NO!
2007-07-25 17:53:02 · answer #6 · answered by aintlifegrand 4 · 0⤊ 0⤋