B visas are the most common visas applied for by citizens of foreign countries. This “visitor” visa is a non-immigrant visa for those desiring to enter the US temporarily for pleasure or medical treatment (B-2). The B-2 visa is a very practical visa, because it allows for all the following activities: vacationing, purchasing property, undertaking independent research, attending conferences, seminars or conventions or short training courses.
Except in very limited circumstances, the B-2 visa application is submitted at a U.S. consulate or embassy abroad. Steve Maggi specializes in preparing application packets for clients, filling out all forms, and assessing the unique situation of the applicant and assisting them in preparation for their interview with a consular officer. Scrutiny has risen exponentially in the past few years and a higher percentage of B-2 visa applicants are being rejected. That is why preparing for the interview with an experienced attorney is recommended.
Pursuant to Immigration and Naturalization law, an alien applying for a visa to enter the United States is presumed to have immigrant intent, meaning that he or she DOES NOT intend to merely stay for the time allotted by the consular officer (Usually from a week to a maximum of six months) but rather, has the intention of staying for as long as possible. Therefore the alien seeking the visa has the burden to prove that he does not have an intent to immigrate, which is accomplished by presenting to theU.S.consulate as many documents as possible, i.e. overwhelming evidence, to refute the presumed intent. U.S. consular officials have a wide range of discretion to deny a visa application and can deny a visa application for any reason or no reason at all.
Some of the documents which a consular official will require include proof of economic stability, income, savings, employment, family ties, proof of definite travel plans and proof that the applicant must return to his/her home country. As this can be highly subjective, it is important to analyze each case individually to identify strengths and weaknesses and present the strongest case possible.
Therefore it is of paramount importance that the alien consult with an attorney familiar with the process to avoid this from happening. Once an applicant has had a B-2 visa application denied, it makes it much more difficult to have an application approved in the future.