Indian Medical Grad applying for visitor visa

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futuredentist

Registered Users (C)
Hi all,

My sister is a recent MBBS grad from India planning on visiting the US to write her USMLE step 2.

My dad and mom both live in Kuwait, while my sister lived in India the past 5 years for her MBBS. Within the last 5 yrs, when they applied for a US visa, my sister was given 2 yrs visa while my dad and mom have 10 yrs. Dad's will expire in a year, and mom's in June.

My sister is now in Kuwait on holidays and has a Kwt residence permit. She plans to apply for a US visit visa frm Kwt consulate and in order to make it a more favorable outcome, we are planning the following:
Have her apply along with my mom and dad from Kuwait(but my dad would be applying 1 year ahead of his visa expiring) so that they can be considered as one family with my father's employment papers.

They fear that she will be rejected if she applies alone.

Can anyone please comment on the above?

Would it be too early for my dad to apply? Would my mom have to wait till June this year to renew her visa.

My sister has also traveled to the US in the late 1990's for a holiday along with the whole family.
 
What are your sister's plans with regard to trying to get a longer term U.S. visa? Is she going to try for a J-1 or some other employment-based nonimmigrant or immigrant visa? If she claims that she is coming for a specific test in preparation for applying for a further visa, she should be restricted and told of a prohibition against change, extension, or adjustment of status and have her I-94 annotated as such. The visa may be so annotated.

People who are honest about intentions mmay have certain things annotated on their visas. Example: someone enters as a B with specific intent to visit several universites and apply to one or more may be admitted and their visa says "Prospective academic student". Someone else might be entering the U.S. merely to board a cruise out of Miami or Los Angeles and the visa could state as much and name of the ship.

Your sister has departed her home country and is entering the U.S. with an intent to eventually stay for a longer period of time than B would afford her and a likely "immigrant intent" at least in the long-term, but that does not have to be fatal to the B visa application...what is her medical specialty?
 
BigJoe5,

Thanks for your response.

My sister has not completed her residency.. In fact her intention is to come to the US to do it, and hence the need to take the USMLE. So she will eventually need to get a J1 or H1 as her particular case evolves and depending on what her residency program is likely to offer in terms of visa. Will a specific annotation on a visit visa hamper her obtaining J1/H1 in the future?

If the annotation says that she is to attend the USMLE, will she have to prove each time she enters the US that she is in fact entering for the same purpose as annotated on her visa?

Also would she be better off applying as a ward of my parents as stated above?
 
Each individual is judged on their own. Her applying with parents should have no effect as any or all can be approved or denied individually.
 
futuredentist said:
BigJoe5,

Thanks for your response.

My sister has not completed her residency.. In fact her intention is to come to the US to do it, and hence the need to take the USMLE. So she will eventually need to get a J1 or H1 as her particular case evolves and depending on what her residency program is likely to offer in terms of visa. Will a specific annotation on a visit visa hamper her obtaining J1/H1 in the future?

If the annotation says that she is to attend the USMLE, will she have to prove each time she enters the US that she is in fact entering for the same purpose as annotated on her visa?

Also would she be better off applying as a ward of my parents as stated above?
Click to expand...

She has a valid nonimmigrant reason to visit (for the test and perhaps check into various programs and look for a future sponsor). She is NOT a minor so being too closely associated with the parents and having at least one U.S. based sibling could work against her. She has a valid shot on her own.

There is no rule that requires any annotation on her visa (it is becoming more common) but having a restricted I-94 is a strong possibility "No COS/EOS/AOS" CBP is increasingly restrictive and hard-nosed. Too many folks have fought court cases claiming that they were not "properly warned or informed" so CBP is stricter on that issue as a result. You can thank the "bad actors" for the increased restrictions because they forced DHS to take that position.
 
Your sister's need to visit the US is to take her USMLEs. I see no advantage in your folks renewing their visit visas with her. She will need to overcome 214(b) on her own regardless.

futuredentist said:
Have her apply along with my mom and dad from Kuwait(but my dad would be applying 1 year ahead of his visa expiring) so that they can be considered as one family with my father's employment papers.
Click to expand...
 
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