In this country, we are fortunate to live in an open society. Unlike some other countries, the United States doesn't impose unnecessarily burdensome restrictions on most of the people who just want to visit here. Some countries, in fact, require registration with the local authorities in order to simply vacation there. In order for non-citizens of the U.S. to visit here and not stay permanently, they simply have to prove that they are going to be returning home before they are issued a visa.



The United States immigration process makes consular officers review every visa application as if the applicant is a potential immigrant that wants to make the U.S. a permanent home. This is true for all individuals that are applying, until proven otherwise, like showing hotel reservations and return plane tickets proving they want to vacation here. Failing that, all visitors to the U.S. are assumed to be potential immigrants until they satisfy the consular officials to the contrary when the applications are submitted, and/or can prove they are actually entitled to nonimmigrant status (work visa, etc.). So, then, where do the problems arise?

Always give accurate answers

In order to qualify for a visa without being refused, a person must meet the requirements of certain sections of the law. If an individual fails to provide the right information, their application can be refused. The most frequent basis for refused applications concerns a prospective applicant's ability to find housing, employment and family/community support after moving to the U.S. They can provide proof of this by showing that they have ties to current citizens and/or relatives that are already legal residents. The law does place this burden of proof on the applicants.

The consular officers of the U.S. have a difficult job to say the least. They have to decide in a very short period of time if an individual is in fact qualified to receive a visa. In most cases, the decision is made after a brief interview is given and a review of the evidence of ties an applicant presents is proven to be truthful. Strong ties to the country differ from individual to individual, but examples include a job, a house, family, or in some cases a bank account. "Ties" are the various aspects of an individual's life that can bind them to the U.S., which means possessions, social and family relationships and employment.

Be persistent and thorough

Consular officers are very aware of the diversity of applicants. During an interview for a visa they look at each person individually and consider cultural, social, professional and other factors as well. In the case of younger applicants who might not have had the opportunity to form many ties, consular officers might look at the specific intentions of the person. This can include their family situations and the long-term plans within their own country of origin. These cases are examined one at a time and are given the same consideration as any other applicant.

If an individual happens to be refused for a visa, the case can be reconsidered. If the applicant can provide further evidence that can convince the consular officers to have another look at the application, they might have a chance for approval. A person can also have a letter of invitation or support from friends or other family members that are already here in the States. There is a non-refundable application fee each time a person applies for a visa whether or not they are approved. However, this does not ever guarantee an approval. Visa applicants have to qualify on their own merits and according to their individual situations, not on account of another's assurance or recommendation.

Always be prepared

Immigration laws delegate the responsibility for issuance of any visa to the consular officers. They have the final say in all applications. The U.S. Department of State has the authority to review the consular decisions. However, the review authority is limited to the interpretation and application of the law. Therefore the actual final decision falls exclusively within the consular officers' hands unless an error is made.

The best way for any potential applicant to assure approval of their visa is to make sure that all of the information required is in order before the actual application is submitted. The more prepared you are, the less likely it is that you will experience a denial if applying for an immigrant visa. The steps to avoiding refusal of your immigrant visa application are simple and straightforward, so let's review:

1. Be prepared for your interview. Take the time to learn about the United States, particularly the region to which you will be moving.

2. Have your backup paperwork ready. Make sure to get letters from U.S.-based family, friends, employers, landlords and anyone else who can establish that you will be gainfully employed and not present a burden to the welfare system. The main reason to come to America is for the opportunity, so have plans!

3. Be honest. Never lie to a consular official, and do not exaggerate any answers on any questionnaires. In speech and writing, be honest and accurate to the best of your ability. Honesty is not the "best" policy. It is the only policy.

4. Do not overreact if you are denied. A good number of appeals are granted every year, so the initial decision may not be the final one. If you believe you have been treated unfairly, you will have an opportunity to say so.

5. Be persistent. As in any bureaucracy, papers get misplaced, appointments get cancelled, statements get misunderstood and problems do crop up. Do not let any administrative errors affect your attitude. Stay focused and be persistent.