Tourist Visa Eligibility: The Basics
Eligibility for a tourist visa (B1/B2) depends upon the following factors:
- purpose of trip;
- satisfactorily demonstrating an intent to depart the United States after a trip; and
- ability to pay all costs of the trip (by the applicant or another).
The visa interview is a crucial part of tourist visa eligibility. The interviewing officer has wide discretion on determining an applicant’s outcome. The following factors are definitely negative for any visa application:
- overstayed a visa;
- deportation from the U.S.;
- crime of moral turpitude;
- misrepresented a fact in a past visa or at a port-of-entry; and
- suspected of involvement in drug trafficking, money laundering, human trafficking, etc.
If you feel that there is something that makes you as a person look bad, odds are that it will also make you look bad before a consular officer.
The intent to depart factor described above is a confusing topic. It is not the mere statement of “I intend to leave on a certain date;” rather, it is the review of one’s (1) employment or profession, and (2) family ties.
An invitation letter or Affidavit of Support may be beneficial because it helps establish purpose of trip and ability to pay; however, these two items are not mandatory. In the end, the consular officer at the interview has full discretion to approve or deny an application. The applicant will be the one being questioned, not a friend or family member in the U.S or the sponsor of the affidavit of support.
In short, the applicant will have the job of proving eligibility and removing any doubts the interviewing consular officer may have.
If you have any questions or concerns, please feel free to call Fickey Martinez Law Firm at (910) 526-0066 or email us at attorney@fickeymartinezlaw.com.
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