Top Ten Reasons for Tourist Visa (B-1/B-2) Denials

Apr 30, 2017 News

By Attorney Gail Seeram

The most common and frequent emails I receive from my readers, describe the situation of applying for a tourist visa (B-1/B-2) and receiving a denial. Most of my readers are disappointed and often seek out a reason for the denial, since the standard denial form from the U.S. Embassy does not provide a sufficient explanation. Well, this article will explain the top ten reasons for denial of a tourist visa (B-1/B-2) application.
1. Criminal or Drug Activity – The applicant may be denied if he/she has ever been arrested and convicted (or not convicted) for a crime committed anywhere in the world. Even if not convicted for the crime, the arrest alone may be enough for the U.S. Embassy to deny the B-1/B-2 application.
2. Unlawful Presence in the U.S. – The applicant may be denied if he/she was ever in the U.S. illegally or enter with a non-immigrant visa (such as B-1/B-2 tourist visa, F-1 student visa, O, P, M visas, etc.) and overstayed in the U.S.
3. Pending Family or Employment Petition – The applicant may be denied if he/she has a pending Form I-130 or Form I-140 filed and seeking permanent resident status in the U.S. It is not enough that the petition was filed. Even though the immigrant visa (under the Form I-130 or Form I-140) is not available, the U.S. Embassy can still deny the B-1/B-2 tourist visa application.
4. Incomplete Application or Lack Supporting Documents – The applicant may be denied if he/she did not provide a required document or lacks supporting documentation. Supporting documentation should prove the applicant’s intent to return to his native country and should include employment verification, property ties to native country such as house deed or business license, family ties in native country such as marriage certificate and children birth certificate, and financial ties to native country such as bank account statement and investments in the native country.
5. Immigrant Intents – The applicant may be denied if he/she has immediate relatives (spouse, parent, child) already living in the U.S. as a permanent resident and the U.S. Embassy believes the applicant has intent to immigrate to the U.S.
6. Fraud & Misrepresentation – The applicant may be denied if he/she (past or present) ever presented a fraudulent document to U.S. immigration officials or ever lied to U.S. immigration officials in an attempt to gain entry into the U.S. or gain an immigration benefit.
7. Past Removal/Deportation – The applicant may be denied if he/she was deported or removed from the U.S. and still has a ban pending from returning to the U.S.
8. Public Charge/Lack of Financial Support in U.S. – The applicant may be denied if he/she failed to demonstrate adequate financial support during temporary stay in the U.S. The applicant has to prove that he/she will not become a public charge on the U.S. government once admitted to the U.S.
9. Security Related Issues – The applicant may be denied if he/she poses a threat to the U.S., such as engaging in terrorist activity, spying, or intent to overthrow the U.S. government. The consular officer simply has to have reasonable grounds to believe the applicant will engage in such activity.
10. Smuggler – The applicant may be denied if he/she at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of the law.

For more information, contact Gail Law Firm:
Email: Gail@GailLaw.com
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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