For foreign nationals attempting to obtain a visa to enter the United States on a temporary basis, such as a student or tourist visa, they must submit to an interview at a US embassy or consulate. The consular officer conducting the interview must assume that the applicant intends to leave his or her home country and immigrate to the United States. It is the responsibility of the applicant to show the consulate officer that this is not true.
A few ways to convince the consular officer is by showing him or her that the applicant has a home that is located outside the United States, and that they do not wish to abandon it. They can show that their trip to the United States is only temporary and once their business and or visa is to expire, they will be returning to their home.
Next, they must be able to show that once the applicant is granted his or her visa, the applicant can pay for the trip. The consular officer will not approve of an application if the officer feels that the applicant can not pay for their trip and to support themselves while on the trim.
Finally, the applicant needs to meet the requirements for the type of visa he or she is applying for. This means that the applicant cannot attempt to acquire one visa in order to be granted entry into the United States so that he or she can conduct business that is not allowed. The applicant can provide supporting documents to help convince the consular officer.
After the documents are submitted, the applicant of a nonimmigrant visa will have to attend an interview. It is here that the applicant will answer questions that the interviewing officer will have and based on those statements, make a determination as to the applicant’s visa eligibility. The interviewing officer will also be able to review the submitted documents by the applicant to verify if the applicant’s statements are true or false.
Depending on the outcome, the applicant’s visa may be granted or refused.
There are many reasons why an application may be refused. Each application and applicant is different. Some of the most common reasons for refusals are that the officer decided, based on the interview, that the applicant’s social, family, economic or other ties to their home country are not strong enough to overcome the presumption of immigrant intent and qualify for a visa. This means that the officer did not believe that the applicant intended to only stay on a temporary basis.
As mentioned earlier, there may be any number of reasons why a visa application is denied. However, it is important to note that the applicant can re-apply. Denials under section 214 (b) are nor permanent. The applicant has the right to submit new evidence or information that he or she may submit to get a more favorable decision.
Section 214(b) denials are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply. Applicants who provide identical information in a second interview rarely get a different result.
Students
The I-20 does not entitle you to a visa. This form only states that you have been accepted to a school in the U.S. Students must show that they are credible, qualified students and that they intend to leave the U.S. after they finish their studies.
Students may be ineligible if it appears that their primary purpose is an indefinite stay in the U.S. for themselves or their family.
Visa Consultants
Some applicants hire “visa consultants” that promise a visa will be issued. While some consultants provide helpful information, many do not.
As part of their “services,” consultants sometimes sell fake financial packages or encourage parents who wish to visit children in the U.S. to lie about the number or location of their other children. Applicants who provide false information during a visa interview may be permanently ineligible for a visa to the U.S.
Remember: You alone are responsible for the accuracy of the information in your application. Intentionally submitting false information either on the application itself or during the visa interview can lead to a permanent visa ineligibility. Never submit your application without reviewing it first for accuracy if you have had help filling it out.
Applicants who receive interview coaching by consultants should also be wary of such services. The end result is that every client from a particular consultant sounds exactly like one another. This diminishes credibility among those who memorize the “correct” answers and cannot hold free-flowing conversations with visa officers.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
Email: Kennedycounsel@gmail.com
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