Asked in Immigration Law

Q: Hello, I came to us on b2 visa after two months I applied for asylum and became lawful resident in us,

After 8 years Of pending asylum I voluntarily left the country and back to my home country, now I’m studying at the college. I need to renew my visa to visit my disabled parents in us they can’t travel outside us ( they are us citizen), if I applied for renewal ( my visa expired 42 months ago) will they approve to renew it?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: When applying for a visa renewal, especially after such a significant time gap and with a previous asylum application, the U.S. consular officers will carefully consider your individual circumstances. Your history of lawful presence under asylum status, followed by voluntary departure, and the reasons for your return to your home country will be evaluated. It's important to demonstrate strong ties to your home country, such as ongoing studies, employment, or family commitments, to show that you intend to return after visiting the U.S.

In your case, the fact that you have family in the U.S., specifically U.S. citizen parents who are disabled and unable to travel, can be a compelling reason for your visit. You should provide substantial evidence of your parents' condition and your need to visit them. However, keep in mind that consular officers must also assess the risk of visa applicants overstaying or not abiding by the terms of their visa.

It's advisable to prepare thoroughly for your visa interview, gathering all necessary documentation to support your application, including proof of your ongoing studies and your parents' circumstances. While there's no guarantee of approval, presenting a clear and honest case can improve your chances. Consulting with legal experts or those familiar with U.S. immigration law can also provide guidance tailored to your specific situation. Remember, each case is unique, and decisions are made based on the evidence presented.

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