I wish to send both my minor children along with their grandparents (my parents-in-law, who already have valid visas) to the United States to visit their uncle's family. Their stay in the U.S. will not exceed 60 days, as they need to attend their school in India after their vacation. Could you please advise if an invitation letter from their uncle is sufficient and if my income credentials are also required? Please advise any other documents that might be needed for my children. Should the grandparents or I accompany them on their visa interview?
Consular officers are required by law to view each visa applicant as intending to immigrate to the U.S. until the applicant demonstrates otherwise. The decision of whether to issue a visa is based more on the visa interview than on documents. Applicants may wish to bring documentation that supports their case or demonstrates their economic and social ties to India. We do not require sponsorship for a tourist or visitor visa application. While minor children whose parents are residing outside the United States will generally overcome the presumption of intended immigration, all B-1/B-2 visa applicants will have to go through the interview process in which the adjudicating officer will determine eligibility. The fundamental rule for applying for a non-immigrant visa is that every applicant must qualify based on his or her own circumstances. Both parents should attend the visa interview with their minor children, if possible. If one parent is unable to attend, the non-accompanying parent should send a letter stating they have no objection to the minor's application for a visa.
I am a Green Card holder and I returned to India at the end of Sept 2011 to escape the cold winter of New York as I am 75 years old. I gathered from your website that a Green Card holder needs to return to the United States within one year. Some of my friends told me that my stay should be not be more than six months every year. I am baffled by this information, as I still have some interests in India. I shall be grateful if you would clarify the exact position in the matter regarding my mandatory stay in U.S. each year as a Green Card holder.
Permanent residents can travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status, as long as you return to the U.S. within one year. If it is determined by the U.S. Department of Homeland Security's Bureau of Citizenship and Immigration Services (DHS/USCIS), however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. As per Sections 212 or 237 of the U.S. Immigration and Nationality Act (INA), permanent residents (Green Card holders) may be found to have abandoned their permanent resident status if they: Move to another country intending to live there permanently.
Remain outside of the United States for more than 1 year without obtaining a re-entry permit or returning resident visa.
Remain outside of the United States for more than 2 years after issuance of a re-entry permit without obtaining a returning resident visa. However, in determining whether their status has been abandoned any length of absence from the United States may be considered, even if less than 1 year.
Any LPR would be well-advised to bring proof of residence in the US when returning from a trip abroad If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a re-entry permit on Form I-131. Obtaining a re-entry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Contact the USCIS unit at the U.S. Embassy in New Delhi at email@example.com.