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Immigration Issues/B2 Visa sponsorship papers

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Question
Dear Eileen Chun-Fruto,

I came to USA along with my wife ten years ago (year 2000) on B1 Visa and found an employer who changed my status to H1b as the employer hired me at that time and her was changed to H4. We had only B1/B2 stamped but we left and entered USA 2-3 times since year 2007 on Advance Parole and then we received our Permanent residency some six months ago.

Now i want to invite my mother-in-law as visitor during summer.
Please suggest us whether we should send all old and new passport copies but the old passports only have B1/B2 stampings and we do not have H1 or H4 stamped in our Passports or the current passport is enough which has one Advance Parole entry stamp along with a PR stamp for one year. We will be sending the copies of PR Cards along with bank statement and affidavit. My wife is still a housewife and thus suggest me the documents i should be sending for her mother's visitor visa sponsorship from my side.

thank you in advance for your time and reply to my query.

Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Sumesh,

Congratulations on your newly earned permanent residence!  Inviting your mother-in-law for the summer can be problematic.  You also don't indicate what country she is from.  As you may know, some Embassies are extremely strict with issuing visitor visas.  It sounds like you are in the right track in providing your bank statements and affidavit, but be forewarned that the Embassy is also interested in knowing that your mother-in-law has ties to her home country which she will not abandon.

Whether you send your old and new passport copies, is to me irrelevant of that more important issue of proving your mother-in-law's non-immigrant intent, otherwise known as Section 214(b) of the Immigration and Nationality Act.  When people are denied visitor visas, the reason:  "214(b)" lack of non-immigrant intent is one of the most commonly used reasons for denial, so you may want to concentrate some of your attention to that type of documentation.

Good luck,
Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com
http://www.superlawyers.com/california-southern/lawyer/Eileen-Chun-Fruto/e5bf6f7  

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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