We at Murthy Immigration Services (P) Ltd., often receive this question from parents who have applied for non-immigrant U.S. visas for their minor children. U.S. immigration authorities normally require one of the parents to accompany the minor child for the interview and present a signed authorization from the non-accompanying parent. Parents may find themselves facing this interview requirement when, for example, the parents already have a visa, but need to apply afresh for their child, or when the minor child’s visa has to be renewed, since a child’s B1/B2 visa generally is granted only for a duration of 5 years, while the parents are issued a B1/B2 visa for 10 years. In this article, we look at how the visa interview requirement varies based on age of the minor applicant.
Children Aged 14 Years or Less
A non-immigrant visa interview may be waived for children up to 7 years of age. This was reported in our news update on June 4, 2012, which can be found here. If parents choose not to make use of this waiver, or if their minor child is not eligible for a waiver, generally at least one parent should accompany their child, aged 14 years or less, to his/her non-immigrant visa interview provided the parent brings a “no objection” letter from the non-accompanying parent.
Content of the Letter From Non-Accompanying Parent
In this letter, the non-accompanying parent should state the full name and passport number of the minor child along with date and place of birth, and specifically authorize the other parent to accompany the minor child for the visa interview and subsequent travel to the U.S., as the case may warrant. It is also good to specify the date and time of visa interview.
We also clarified with the VFS – the official administrative partners of the U.S. Consulates and Embassy in India – that, if either parent is unable to accompany the child, a close relative, such as a grandparent, could accompany the child with prior permission of the consulate. The accompanying relative will need to present a letter of authorization signed by both parents. This letter should be similar to the letter from a non-accompanying parent, referenced above. Additionally, this letter must specify reasons for the parents not being able to accompany the child for the visa interview, and also should specify the relationship of the child to accompanying relative.
Children aged over 14 years
If the child is aged 14 years or more, and is applying for a U.S. visa at one of the U.S. Consulate(s) / Embassy in India, then s/he does not have to be accompanied by the parent. An attorney from MISPL recently clarified this in a phone call with the VFS.
Conclusion
For purposes of non-immigrant visa interviews at the U.S. Embassy or its Consulates in India, minor children fall into three categories: first, children who do not require a personal interview if certain criteria are met; second, children who must be accompanied by a parent or guardian; and, third, children who need not be accompanied by the parents / guardian for their non-immigrant visa interview.
Readers should be aware that these procedures are subject to change. We will make every effort to update MurthyIndiaDotCom readers about any changes in this process, but we nonetheless advise applicants to check the consular website prior to their interview, to ensure they are following the correct procedures.
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