You are here:

Immigration Issues/B2 visa for parents from Ukraine

Advertisement


Question
Dear Ajay,

thank you very much for taking your time to answer my question.

Some background
Both my husband and I are Ukrainian citizens who have been studying here for the past 5 years. My husband recently changed his visa status to H1 postdoctoral visa and I'm on a F1 student visa. We're expecting our first child this September and would like both of my parents to be here when their first grandchild is born.

My Dad has been visiting us on a B2 visa for three months now and we would like my mother to join us too. She is applying for a B2 visa at the US Embassy in Ukraine.

My questions
1. I was advised not to mention the baby at all because the Embassy tends to look at it as grounds for possible illegal employment! While I find equating help with one's grandchild with employment quite inhumane, in my letter, i emphasize that I need my mother's emotional support and her maternal advice at the childbirth and shortly afterwards (I say that both my husband and I have very flexible schedules as graduate students that will allow us to take a good care of our baby on our own). I also say that quite naturally we would like my Mom to be here with the entire family to share our joy. What do you think about my reasoning and how likely is it to lessen the chances that the arrival of a new family member will be perceived as illegal employment? Or does the fact that I'm a "poor student" make it natural that we may use my mother's help?  

2. Shall we include any docs confirming my husband status and his income as a postdoc(which is much more impressive than mine)? The only reservation i have about it is that they may view his H1 status as a definite route to the green card and thus view us and subsequently my mother as intending immigrants? What do you think?

Thank you very much for your time and help,

Sincerely,
Oksana.  

Answer
Hi Oksana:

The letter that you are intending to write to the U.S. Consulate in Ukraine, and which your mother will carry with her when she fills out the nonimmigrant visa application form at the U.S. Consulate in Ukraine, is on the right track. Do not mention that you are a "poor student" (which is irrelevant). In the letter you can also state that you and your husband will take care of all expenses involved in your parents' stay in the U.S. and that you will ensure that your parents will return to the Ukraine after their visit of a few months in the U.S. You may want to attach evidence of your pregnancy.

H visa  category is a nonimmigrant visa category, and in any event it does not allow for sponsorship of parents. (Only a U.S. citizen can sponsor a parent). Therefore, I do not see any problem with your husband being on H-1B status. He may want to sign Form I-134 (Affidavit of Support) for your parents, and your parents can carry this Affidavit of Support with them when applying at the U.S. Consulate.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.