QUESTION

Will his sister overstaying be a problem for his parents’ tourist visa case?

Asked on Jan 29th, 2013 on Immigration - Nevada
More details to this question:
I have a friend who is on H1 visa and sponsored his sister. She came one year back in US and overstayed. Now he sponsored his parents.
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3 ANSWERS

It should not affect the parents being able to get immigrant visas.
Answered on Jan 31st, 2013 at 10:48 PM

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Rebecca T White
For a tourist visa, one does not technically have a "sponsor." However, the consulate will look to where family is to determine likelihood of a return to the home country, so her overstay will be a factor in approving or denying a visitor visa.
Answered on Jan 31st, 2013 at 10:45 PM

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Immigration Attorney serving Las Vegas, NV at Law Office of Arsen V. Baziyants
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What do you mean by "sponsor". Did he invite his sister to visit? Is he inviting now his parents to visit or is he sponsoring them for permanent residency (i.e., "petitioning" them). If he is petitioning for his parents, I don't see how their immigrant visas will be denied because their daughter overstayed in the U.S. If they seek only to visit, then, yes, the consulate may use their daughter's violation against them as they consider all other factors too.
Answered on Jan 31st, 2013 at 7:40 PM

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