Spouses and Children of a Visitor Visa Holder

When the primary inquiry is what rights do the spouse and children have based on a visitor visa granted to their husband/wife and father/mother for temporary entry into the United States is short answer is that they would have no rights at all based on that visa and they would need to obtain their own visitor visas in order to be allowed entry into the United States.   The spouse and/or children of a United States citizen would have rights based on the parent or spouse’s citizenship but in situations where the parent or spouse is a foreign national there are no visitor visa connected rights available for a spouse and children based solely on the parent/spouse’s valid visitor visa for entry into the United States.   Similarly, the spouse and children of an individual who had been given a L-1 or an O-1 visa, a non-immigrant, temporary visa, would have certain rights but a family with an immigrant visitor visa would not have any associated rights or interests based on the parent or spouse being granted a visitor visa.

How to Obtain a Visitor Visa for Spouse and Children

A spouse seeking to obtain visitor visa for his spouse and children will need to provide all the required documentation and evidence for them.  Even if the documentation and evidence is provided there is no guarantee of being given a visa.  Any acts of fraud or intentional misrepresentation within the visa documentation process can result in a permanent ineligibility for a U.S. visa.

Documentation Concerning Spouse and Children Needed to Apply:

• A passport
• One photograph of spouse and each child
• Fee receipt for each visa
• Original interview appointment letter
• Confirmation page of submitted Form DS-160 with CEAC bar code

These documents can be carried by hand and presented at the visa interview that will be held prior to being given a visa for entry into the United States.

Getting Legal Help

If you, your spouse or other family members would like to obtain a visitor visa for entry into the United States it may be helpful to consult with an immigration lawyer concerning the visa application process.  An attorney can provide valuable guidance and assistance through the application process that can become confusing and complicated at times.  He can help to avoid unexpected visa denials based on application error and loss of valuable time in resubmitting applications and documents in attempts to correct application errors before being granted a valid visitor visa for family members.