A visitor visa is one of the most commonly issued visas by the U.S. government. It allows individuals to come to the U.S. temporarily for purposes such as tourism (B2) or business (B1), with the requirement that they will return to their home country after their visit and not engage in employment while in the U.S.
While the concept seems straightforward, obtaining a visitor visa can be challenging due to a crucial factor: proving your intent to return to your home country. U.S. consular officers must be convinced that you have strong enough ties to your home country, which is often subjective and can lead to confusion or denials.
Duration of Stay
The length of stay granted depends on the type of visa (B1 for business or B2 for tourism) and the specific purpose of your visit. Generally, tourist visas come with a default six-month stay, which can be extended under certain circumstances. However, staying for the full six months could raise questions upon re-entry, especially if your return period is short.
With a business visa (B1), the duration is usually shorter, often around three months, but this can vary depending on your specific situation. A common mistake applicants make is staying too long, as this could imply an intent to live or work in the U.S. despite the legal stay.
The Visitor Visa Challenge
Visitor visas are notoriously difficult to obtain. In fact, the law assumes that you intend to stay in the U.S. indefinitely unless you can prove otherwise, and the burden of proof falls on you. This makes it one of the toughest visas to secure.
Mistakes often arise when applicants submit incomplete or misleading information. For example, applicants might provide documents showing that a relative in the U.S. will be covering their expenses, which could suggest that they don’t need to return home because they have a comfortable life waiting for them in the U.S. It’s crucial to focus on showing your own financial ability to cover the trip and emphasize your reasons for returning home, such as a job, school, or business.
Common Mistakes and Tips
Vague Travel Plans: Applicants sometimes present vague or indefinite travel plans, which raises suspicions about their intent to leave. Always present a clear and specific itinerary, showing when you plan to arrive and leave.
Misleading Documentation: Don’t rely on letters of support from U.S. relatives or friends offering to pay for your trip. While it’s okay to stay with family, you must show your own financial stability to support your trip.
Job Stability: Consular officers prefer applicants who have a steady job in their home country. Applicants with a history of stable employment are more likely to be approved.
Fraudulent Claims: Some applicants try to manipulate the process by providing false or misleading information, such as claiming a relationship that doesn’t exist or hiding information about previous U.S. visits. Always be honest—lying on your application could result in permanent disqualification from obtaining a visa.
ESTA vs. Visitor Visa
For citizens of certain countries, the ESTA (Electronic System for Travel Authorization) program allows for easier entry into the U.S. without a visa. However, ESTA is only valid for up to 90 days and cannot be extended or changed once you’re in the U.S. If you decide to stay longer or change your status, you’ll need to apply for a different type of visa. Be aware that frequent use of ESTA to enter and leave the U.S. may raise red flags and lead to further scrutiny or denial of future entry.
How to Improve Your Chances of Approval
Be Prepared: Ensure that your documentation is complete and accurate. It’s important to show evidence of your financial means, employment, and strong ties to your home country.
Be Honest: Never attempt to conceal information, even if you think it might hurt your chances. Transparency is key to building trust.
Consult with an Attorney: If you’re unsure about your situation or want to avoid mistakes, it’s always a good idea to seek professional advice. An attorney can help you navigate the application process and present your case in the best light.
What Happens if You’re Denied?
The most common reason for a visitor visa denial is the presumption that you intend to stay in the U.S. permanently. If you’re denied under Section 214(b) of the Immigration and Nationality Act, it means you failed to overcome this presumption. While this isn’t a permanent ban, multiple denials can create momentum for future rejections, so it’s essential to correct any issues and apply again only if there have been significant changes in your situation.
Final Thoughts
Securing a U.S. visitor visa can be a complicated process, but with the right preparation and understanding, you can greatly improve your chances of success. Remember, the key is to present a clear, truthful, and convincing case showing that you will return home after your visit.
Third country national (TCN) processing refers to when someone applies for a US visa at a consular embassy outside their home country. In other words, they go to a country other than their country of citizenship or residency. For example, a person from India might choose to apply at a consulate in Barbados. In the past, this was referred to as “Other Than Mexican” (OTM) in Mexico, but today, immigration attorneys call it Third Country National processing.
While the rules around TCN processing are not clearly defined in law or regulations, this option has always been available to visa applicants who find themselves in a foreign country. Initially, restrictions were set by consulate management, especially in high-traffic locations. However, after the COVID-19 pandemic and the resulting visa backlogs, the State Department encouraged consulates to accept more third country nationals, benefiting many applicants.
Why Do People Choose Third Country Processing?
Some individuals may be in the US on a temporary visa and need their visa stamped but don’t want to travel all the way back to their home country. In this case, they may choose to apply at a nearby country like Mexico. Others may prefer third country processing because they’ve heard that consulates in their home country are strict, or they want to avoid the long waits or administrative processing common there. Administrative processing can be a dreaded term, as it can take anywhere from a week to over a year.
For these individuals, applying in a third country might seem like a quicker, more straightforward option, where the process could be faster and less prone to delays or scrutiny.
Challenges for Third Country Nationals
The first major challenge is the entry requirement for the third country where the applicant intends to process their visa. Many people don’t realize they need to check whether they can enter that country without a visa or if they need to apply for one. Some countries, like the US and UK, allow entry based on their own visa, which can simplify the process.
The second challenge is the fear of being turned away at the consulate. While this is less common now, there have been instances where applicants were refused because they didn’t meet the criteria to apply in that country. This can be frustrating, especially if applicants have traveled far and spent time and money preparing for the process.
Managing Expectations: Delays and Appointment Scheduling
Timing can certainly be impacted. Many consulates prioritize citizens and residents of their host country, meaning third country nationals might find themselves at the bottom of the appointment list. This can result in longer wait times compared to residents of that country.
Additionally, when scheduling appointments, consulates often have specific screening questions that applicants must answer correctly. If applicants give inaccurate answers, they could face delays or even denial of their visa.
The Impact of Delays in Third Country Processing
Delays can happen anywhere, so applicants should always be prepared for the possibility. For third country nationals, delays are often logistical—wait times for appointments may be longer, and if complications arise, applicants may need to fly back to their home country to continue processing, which is costly and inconvenient.
For instance, if you apply for your visa in the Bahamas but need to return to your home country to wait for administrative processing, the travel logistics can become a real challenge. This makes delays in third country processing more problematic than in your home country, as applicants face additional travel and accommodation costs, not to mention the emotional toll of being in an unfamiliar place.
The Role of an Immigration Attorney in Third Country Processing
The process begins with a consultation, where I ask clients numerous questions to fully understand their situation. After that, I offer my professional advice on where they should apply, taking into consideration their individual circumstances.
If they choose to work with me, I guide them through the entire application process, which includes scheduling the appointment, completing the visa application, paying any fees (which can sometimes be tricky), and preparing their documents. We also have an extensive preparation call to make sure they understand the interview process—how to manage their documents, what to expect, and how to answer questions.
In addition to that, I offer real-time support via WhatsApp, so clients can reach out during emergencies or last-minute concerns. Although I can’t go inside the consulates, I travel to the city where their interview is taking place to provide on-the-ground support, offering logistical assistance and even helping with translation if necessary.
The Emotional Toll of Third Country Processing
Third country processing can be emotionally taxing, especially if clients are in an unfamiliar country, don’t speak the language, or lack their usual support system. However, many applicants are still willing to take on these challenges because of the potential benefits—faster processing times and a better chance at approval, for example.
Don’t become a victim of immigration scams! If you need legal advice on immigration matters, make sure the person helping you is authorized to give legal advice. Only an attorney or an accredited representative working for a Department of Justice (DOJ) recognized organization can give you legal advice. See more at USCIS.
There is new scam potentially victimizing foreign nationals. According to one report, the individual will receive a call purporting to be from a USCIS officer, who will have certain correct information on you, including the your name and address. The caller will state that there is some discrepancy in USCIS records, and ask for confirmation of data, such as an I-94 number, an “A” number, or a visa control number. The caller will then tell you that there is a penalty for not clearing up the discrepancy, and that you are to send a sum of money via Western Union, to an address the caller provides. Be on alert that if you receive such calls, report them to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission’s Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.
The Administration is not yet accepting applications for the new deferred action program for young people without valid immigration status. Within sixty days – by the middle of August – we expect to receive guidance and information about how eligible individuals can request deferred action and work authorization.
If you are not in removal (deportation) proceedings, DO NOT apply for deferred action at this time. This new law may open the door for fraud and deception by so-called “Notarios.” Notarios have no legal background and cannot act as a qualified attorney. Anyone claiming they can submit an application or charging a fee for applying for deferred action should NOT be trusted until the application procedure has been announced by the federal government. An immigrant’s case can be delayed by notarios acting in bad faith, resulting in penalties and even deportation.
The deferred action offer will be available to those in deportation proceedings, and those with final removal orders, as well as to those who apply who are not yet known to immigration. The latter is often referred to as filing “affirmatively”. Stay tuned for more updates.
To qualify, an individual must:
Be 15-30 years old, and have entered before age 16;
Have been present in the U.S. for 5 years as of June 15, 2012;
Have maintained continuous residence;
Have not been convicted of a felony, a significant misdemeanor or multiple minor misdemeanors;
Be currently in school, graduated or have a GED, or be an honorably discharged veteran.
If you are inclined toward self help, when you go online to download and fill out immigration forms, know the difference between official government websites and websites run by private businesses.
Government agencies use “.gov” in their Web addresses, while private businesses do not.
Have you or someone you know recently received an e-mail claiming you’ve won the Green Card lottery and asking you to send or wire money? Don’t fall for it – the sender is trying to steal your money!
Learn more and spread the word: http://blog.uscis.gov/2011/03/e-mail-scam-avoid-green-card-lottery.html
This story illustrates that when you make an entry to the US you should assume that Customs and Border Protection Agents can not only look in your bags, but the can check out your face book or my space accounts too. This is also the case when you make an application for a visa at a US Consulate or Embassy.
From time to time clients who are working in the U.S. on an H-1B visa tell me that their employer has begun to issue them a 1099 at the end of the year instead of a W-2 to reflect their wages. Usually, the employer stops taking the usual deductions from the worker’s pay checks as well. In effect, the employer has begun to treat the employee as an independent contractor. My clients want to know if that is OK. The answer is very straightforward – treating an H-1B employee as an independent contractor is not allowed. By definition, an employer/employee relationship much be maintained at all times when the worker is in the U.S. in H-1B status. Treating the H-1B as an independent contractor runs contrary to the law. It will likely result in serious problems for the H-1B worker at the time she or he applies for a visa at a U.S. Consular post. It may also result in denial of the H-1B extension when it is filed with USCIS.
