Convince consular officer that i'll back from US?

Question

Hi,

one of my siblings went on a tourist visa to the US
and stayed there and is now living legally there.

another sibling has a great job here and has extensively travelled abroad before for tourism, and the real "intention" was to return after a 2-week visit:
the US embassy didn't give visa saying that "you'll probably do as your sibling, stay in the U.S. when you arrive"

how to convince a consular officer that if one member of the family went to US and overstayed the visit,
other family members aren't likely to do the same?

Answer 1

I work at a U.S. Embassy and have for 23 years. There is no easy answer to this. Each consular officer has the authority to subjectively determine whether you will or won't return. The law says that all applicants for non-immigrant visas (tourist) are presumed to be intending immigrants. What that means is that when you walk in the door it's assumed you are lying when you say you will return. It's one of the rare times that the U.S. Government legally presumes you are guilty until you prove you are innocent. When you come for your visit you should bring only those documents that will do the following: prove that you have strong enough social and economical ties to your country of origin that you will be compelled to leave the U.S.

It's a bit different in each country because some countries have a hired rate of non-return. Young people in under developing or developing nation, people between the ages of 18-35, have the most difficult time proving strong enough ties. Very often people between those ages have not established themselves independently from their family. If you have things like a home in YOUR name, spouse/children, parents, good job, ties to your church, own a business, these are the kinds of things you will need to bring proof of. Don't bring pages and pages, that doesn't help. A simple affidavit signifying your job status and pay, the marriage document, birth certificates and deed to your home as well as bank statement and several phone or electric bills is plenty. Speak calmly and slow down. Answer questions and be to the point. Do not focus on the fact that you have a relative living there. The family member that lives there need broke the regulations of the State Department Consular Affairs Bureau. It doesn't matter to the consular officer isn't interested that the INS legally changed the status of this immigrant. It's a sad situation but the INS and the State Department Consular Affairs have different rules and regulations. Your best bet to proving you will come back is to have traveled widely outside your home of origin, always returning within the amount of time allowed by your visas for the countries you traveled in. Your passport with those visas is an excellent source of proof. Good Luck!

Answer 2

Because that's what happens a lot of the time. Face it, your sibling is there - living legally - so you've got somewhere to stay - which makes it even easier.

And, thankfully, this consular officer appears to be no dummy - realizing that once you're in the US - it will be nearly impossible to keep track of you - or force you to leave after those two weeks are up.

I'm assuming that your sibiling has is some sort of professional, with a degree - meaning that it's more likely that she's gain fully employed. I don't know if you have a college degree, or technical skills that would allow you to "contribute" to the US as your sibling is apparently doing.

Also, you didn't mention what country you're traveling from - and that's probably also a consideration. If you're from Mexico, or a South American country - that's probably a big negative against you. If you're from an Islamic country - that's probably another big negative against you. It might not be fair - but such is life.

As the other person mentioned - you'll have to point out all the reasons while you'll be coming back - and hope that's enough to convince the consular officer to let you visit the US.

If not - I guess you won't be able to legally visit the US.

Answer 3

Us Consular Officer

Answer 4

Flint is right: the consular officer is assuming that overstaying runs in families...and, in fact, it does. Not in all families, but in enough of them that one member can spoil things for the rest. Your sibling who never came back should have considered that.

US immigration law says that everyone who applies for a tourist visa must be considered an intending immigrant unless he can convince the consular officer that he's not. Guilty until proven innocent, if you will, but that's the law.

Answer 5

your friends are suitable, you will probable could desire to have your mum and dad' money transferred and/or have some residences below your call. The embassy would be greater careful using fact they could think of which you will drop college and come to a decision to stay interior the U. S. with your boyfriend. yet then, that heavily isn't the determining element -you will could desire to bypass the interview. it would additionally help in case you have visas from different international locations that have strict visa policies. Or if your mum and dad have US visas themselves. If it is the 1st time you would be utilising for a visa, opportunities are high, you would be denied.

Answer 6

consular office deal and act from experience but some do have a 7 Th sense no pun in-tented Semper Fi

Answer 7

bring ties to your country. pay stubs, bank account statements, rental of apartment/flat or ownership of home. THose sort of things shows the officer you have no intentions of leaving your home country. Besides unless the officer personally knows your family he has no reason to assume you will over stay.

Answer 8

Give him reasons why you need to return home, like to care for your Mom, go to school or whatever applies in your situation.