Can I write a letter to USCIS and get them to give my son a visa?
Hi, I'm Jim Hacking immigration lawyer practicing law throughout the United States out of our office here in st. Louis, Missouri. We had an interesting question come in through the email the other day from Fauzia.
So Fauzia has been waiting a long time for her and her children to come to the United States based on an application filed by her brother. Her two oldest sons are not included in the final paperwork and they're not going to be able to come.
And she asked me, "Can I just write a letter to the State Department or the USCIS and see if they can just come along with us? Can we just sort of give them an exception and give them a visa because they're going to be by themselves once we move to the United States and we'd really prefer not for that to happen."
Unfortunately, that won't work. Every application is judged on its own merits. The adjudicators can't just give you a break or look the other way and just give out a visa. The law is the law. And so they have to follow the law.
So sending a letter asking for, even if it's for humanitarian reasons, like if one of the family members let's say is developmentally challenged or has some kind of health issues, they're not going to make an exception for you.
So you have to follow the rules. You have to follow the law. They're going to have to file their own application. And it's going to take a lot longer for them because they're over 21.
So just sending a letter is not going to get you anywhere. It's a waste of time. It's not going to work. And so you probably don't need to waste your time doing that.
You're going to need to just follow the law and go through the applications that are available to you to file for the relief that's available for you and then wait your turn. So, unfortunately, that's the way things work. You're not going to be able to get any kind of extra relief from a letter.
So if you have questions about this, give us a call (314) 961-8200.
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