U.S. immigration authorities are heavily responsible for security, ensuring that individuals who pose any kind of risk to the U.S. or might violate the terms of a visa are not permitted to enter the United States.
Hundreds of thousands of people obtain what is commonly known as a B2 Tourist visa on a yearly basis. The B2 visa is strictly known as a B2 Tourist Visa/visitor for pleasure. Yet many applicants get their B2 visa applications denied. The B-2 visa grants authorization to visitors to come to the U.S. for pleasure purposes or medical treatment for a timeframe of up to six months.
Though the U.S government wants visitors to enter the country for economic reasons, it also has reasons to be careful and deny a few visas for legal reasons. The foundational principle behind is that the U.S. immigration authorities can find visa applicants inadmissible for any of several reasons.
The U.S. Government Uses Caution When Approving B-2 Visas
U.S immigration authorities need to ensure that recipients of nonimmigrant visas use them only for the purposes which they were designed for and do not stay past the expiration date stamped on the Form I-94, which for tourists is normally no more than six months. The length of stay is decided at the port of entry by the border agent. Once you have reached the U.S and you need to stay longer than anticipated you can apply for an extension of up to six additional months. If in the case that your stay extends beyond the additional six months period you officially have overstayed your tourist visa; you will subject yourself to serious immigration ramifications.
In most cases the immigration consequences that follow after having unlawfully overstayed does not stop people from violating the terms and conditions of a B-2 visa. The U.S. government does not want to have to constantly track down and arrest people who overstay. This is why the U.S. immigration authorities are committed to maintaining security as top priority making sure that people who present any form of risk to the U.S. are not allowed to enter in the first place, despite the type of visa they apply for.
B-2 Visa Denials Based on Nonimmigrant Intentions
Even though the application process for a B-2 tourist visa is fairly direct, the last thing the U.S. government wants is for people to use it as an easy way to obtain work in the U.S or stay and live there long term.
For that reason, every applicant must demonstrate nonimmigrant intentions or show that they truly plan to visit the U.S. as a tourist and leave on a timely manner. In order to show proof, the State Department demands evidence that:
- The reason for your trip is for pleasure or medical treatment
- You plan to stay in the U.S. for only a specific, limited timeframe
- You have enough funds to cover your expenses while visiting the U.S (specifically important because if you run out of finances the immigration authorities will assume you might violate the terms and conditions of your visa by working in the U.S)
- You have convincing evidence of social and economic ties in your home country, such as a job or schooling and family
- You have a house, apartment, or other residence as well as other binding ties that will ensure you return to your home country.
You will be expected to provide supporting documents of all the things mentioned above.
B2 Visa Denials Due to Fraud
Even though there is a list of items that must be submitted some applicants are tempted to simply lie or conceal certain facts. For example, they deny a past criminal conviction, or that they have U.S. citizen family members in the U.S. Giving officials misinformation is known as fraud. Fraudulent answers could affect future visa applications if your file shows that in previous applications you hid factual information or lied.
Visa Denial Based on Criminal Record
If an applicant has a criminal record, or history of espionage or any connections with terrorist groups, there is a high chance that a visa will be denied. However, not every crime is grounds for denial, but many are, and the list can be difficult to explain and understand. Ask an immigration attorney.
Time to Get Advice from an Immigration Attorney
As stated, U.S. immigration laws contain a long list of reasons for B2 visas and other visas to be denied. If you find that you might not be eligible for a B2 visa or any other nonimmigrant visa contact the Gambacorta Law Office at 1-847-786-2599, to discuss your other options.