Visitor visa is considered to bring in the largest number of Non-Immigrants to the country and is a rich source of wealth through tourism etc. Consulates however, have a vast discretion while deciding a visitor visa application and denials are frequent. As the U.S. government is making efforts to promote foreign tourism it is important to reconsider the consular discretionary power in deciding the application for visitor visa.
Visa approval rates fluctuate but the regulatory guidelines remain same. A well prepared visa application and proper responses at the consular interview can get an approval inspite of prior visa denial(s).
Visitor visa or B visa is granted for short term visits for pleasure or business. Visitors come with temporary purpose i.e. the person plans return to his or her country upon accomplishing the purpose of visit.
Under the relevant rules, the Foreign National is permitted to visit U.S.
1. for a short term;
2. with a definite purpose in mind;
3. shall leave U.S. soon after accomplishing it; and
4. may not be gainfully employed.
Applicants could come to U.S. for meeting family members, pleasure tours, attending conferences or for independent research for a publication included, certain business trip, medical treatment or participating in amateur athletic events.
Grant of nonimmigrant visa (NIV) requires proof of "nonimmigrant intent." This means the visa applicant must show that he or she will not stay in U.S. longer than necessary nor settle permanently. This is done by providing proof of sufficient connections to foreign national’s country that work like magnet and pull him or her back to his home country e.g. ownership of home/ business, presence of immediate family members, a strong career or other interest in the home country etc.
Future problem erupts when the FN attempts to engage in activities inconsistent with the purpose of his visa. and may face denial of admission for holding a preexisting immigrant intent or intent inconsistent with the visitor's visa (which may be inferred from post admission conduct) leading to removal and may even entail future inadmissibility issues for possible fraud or misrepresentation.
Out of status and visa overstay are common ails of B visa entry that justify the Consulates requiring a stronger proof of non-immigrant intent. Prolonged unlawful presence bars readmission after departure.
Visitors quickly changing status to students (F1) or other visa category may face issue of holding prohibitive intent (to be something other than a visitor). The situation needs a careful evaluation.
Spouses may try to obtain B visa to visit their newly married US Citizen (USC) spouse. Could it be just a visit? Marriage to the USC provides the obvious prohibitive immigrant intent.
Shortage of H-1B visas has sent people scurrying for alternative ways to seek admission; and B visa appears to be a convenient shelter. There are times when this could be achieved but nothing however changes the requirement of proof of "nonimmigrant visiting intent."
Visa applicants often report they felt rushed and did not have sufficient opportunity to explain or present documents or were not asked enough questions. Visa interviews, usually, last just a few minutes and adjudication almost immediately follows. Therefore, a proper presentation of what is important helps. It says a lot when the applicants complain that they were not even asked any relevant question warranting visa denial. This may be a cultural issue. Foreign national may lack appropriate preparation and may take things for granted at the interview, especially when they had previously visited U.S under the same kind of visa.
Issuance of visa at the Consulate is not an assurance that the foreign national would be admitted at the U.S border. It is therefore highly recommended to keep the supporting documents to be able to show to the immigration officials at the port of entry. The immigration officials have unquestionable authority to inspect the personal belongings and papers at the port of entry. Documents, cell phones and laptop computers have been the subject of border search. If the inspection reveals evidence of the prohibitive intent it may cause denial of admission at the port of entry despite visa approval stamp from the Consulate.
Travel abroad pending adjudication of extension of stay or change of status is another crucial situation that needs determination whether one could return on a new or the pre-existing visa. Although it would be separate topic to be addressed at another time it would suffice to say that the timing when to file the application and its outcome largely determine the right course.
Despite these complex situations many visitor visa applications are still successfully made despite the requirement of prohibitive intent. Yet others are approved despite a prior denial.
