The complexity of a visa

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BY AYIN DREAM D. APLASCA
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Wednesday, October 18, 2017
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I CHECKED online about US visa applications because my friend asked me to help her about this.

I came across an article about the steps to take to get one and what to do once visa application is denied. It’s a little bit complicated but let me give you a summary of the most important things you should do and the requirements needed. This might help you.

There are different kinds of common non-immigrant visas. Let me discuss only the most common – the Business/Tourist Visa. This visa is called the B-1/B-2 visitor visa. This visa is for people who want to travel to the United States for business or for vacation or medical treatment. This is for temporary purpose only.

The B-1 visa is available for business associates or professionals who are going to scientific or educational conventions or conferences. Others are also for negotiating contracts with business partners or clients.

The B-2 visa is recreational in nature. Every so often, both these visas are combined and issued as one visa; thus, the B-1/B-2 visa.

The legal presumption is you are qualified for a US visa. However, you must support this presumption by showing that the purpose of your trip to the US is for a temporary visit only; that you plan to stay in the US for a specific and limited period of time; that you have the funds to cover your expenses; and that you have a residence outside the US as well as other ties that will ensure your return from abroad at the end of your visit.

Of course, you must submit certain documents to support your visa. You are required to submit a non-immigrant visa electronic application; a passport valid for travel to the US with a validity date at least six months beyond your intended period of stay in the country; most recent picture; and a receipt showing your application processing fee which is paid in local currency.

Additionally, there should be an interview appointment letter confirming that you booked an appointment.

Once US visa is denied it cannot be appealed. However, there are certain circumstances that visa may be reconsidered. This can only be done if it involves legal issues and not factual determinations. It means that the issue is whether the interpretation or application of immigration law was correct.

If a visa refusal involves decision made by a consular office about a person’s eligibility for a visa, it is a factual determination. This is not subject for review by the State Department.

Therefore, in cases that involve legal issues, you may seek the advice of a lawyer who can evaluate the case. The complexity of the issue needs a detailed information and data so that the person applying will be granted a visa.


(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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