The Consular Officer does have the responsibility to determine sufficiency of ties

Aug 24, 2008 Letters

DEAR EDITOR,
I agree with your columnist “Peeping Tom” that the burden of proof lies with the applicant for a non-immigrant visa.

However, he is not correct when he noted that the Consular Section of the US Embassy “is not required to determine whether they feel that someone has sufficient ties.”

If that is true, then what is the job description of the visa scrutinizers in that section? Based on the available evidence presented by the applicant (or presumed intended immigrant), the Consular Officer does have the responsibility to make a determination whether or not sufficient ties have been established, and that he/she believes the applicant.

Tom’s entire argument about statistical data and profiling of applicants is based on speculation, and I would not venture to debate.

However, if it were somehow true, that would be the most fanciful thing that I have ever heard in my life. One cannot be expected to prove intention to return when the embassy already has its own internal system to determine strong ties.

That would make overcoming the presumption, by presenting proof, that he/she (the applicant) is an intended immigrant impossible.

In almost all other countries, the applicant is given the opportunity to prove to the satisfaction of the Consular Officer that he/she has binding ties to a residence in their home countries, and that their current circumstances would compel them to return.

The embassies in those countries recommend, among others documents, original birth and marriage certificates as issued by the local issuing office; job letters, bank savings books and statements; proof of personally-owned businesses and proof of property ownership and original vehicle registration.

Unless the embassy responds, I can only speculate as to why Guyanese are being denied a just opportunity to prove that they do not intend to become permanent immigrants to the US.
Clinton Urling