I overstayed my last stay!
I am applying for permanent residency!
I was recruited by an employer!
Can I still travel to the U.S. on my Tourist Visa?
There are currently many concerns for those who wish to enter or apply for entry into the U.S. on a valid non-immigrant visa. When we say non-immigrant, we are referring to those temporary permits that are granted to admissible foreigners with no intention of permanently residing in the United States.
All non-citizens or lawful permanent residents of the United States must obtain a permit to enter, a visa, or a permit to stay. The Tourist Visa or Student Visa are examples of temporary, non-immigrant visas. It is important for applicants to know the characteristics of these visas and be aware of the responsibility to prove, at all times, that they will comply with the regulations and characteristics of that visa (i.e., demonstrate that they will return to their country of origin or residence).
Today, due to the problems generated by COVID-19, many people during their temporary stay in the United States were unable to leave within the time originally approved by the Department of Immigration and were forced to request an extension of that period in the country. In addition to the stress of not being able to leave the U.S. as originally scheduled, there is the problem of receiving adverse decisions or requests such as biometric records that could not be complied with. This generates fear among non-immigrants and they wonder if, in future processing, the officer will find their next entry suspicious. A similar fear is held by those beneficiaries of employment-based petitions or even spouses of permanent residents or U.S. citizens who have not yet filed any paperwork on their behalf.
Before applying for an entry visa, visa renewal, or presenting yourself at a port of entry, it is significant to always consider your immigration history. If you have a good history of travel to and return from the United States, with no immigration violations, the consular officer or CBP agent is more likely to assume that you intend to visit the United States temporarily and then return to your home country. On the other hand, if you have ever committed an immigration violation, even for a single day, your chances of approval could be threatened in the future. It is also important to consider that the officer, as a human being, may become suspicious of you by taking into account your country of origin, the number of days you spent inside the United States, your social networks (if they feature negative actions), or your overall history.
In fact, if you have a large number of family members already in the U.S. or if the person you are coming to visit has committed immigration violations, this could result in additional scrutiny. The consular officer or CBP agent may be inclined to believe that you are less likely to return to your home country.
But do not lose your mind or despair over these immigration processes. First, clearly remember your intentions and the permission you are requesting. Second, be prepared to intelligently and respectfully confirm and prove your intent and the reasons why you will comply with the permit during your temporary visit to the United States. Declare and demonstrate that the visit will be for a limited period of time, that the costs over the course of the visit are prepared, that the reasons for the trip are consistent, etc.
The following is a sample list of documents that you can use to confirm that your stay is temporary:
· Copy of a current lease or mortgage.
· Letter from your employer indicating the dates of your vacation, including when you are expected to return to work.
· Confirmation of school enrollment in your home country, either for you or your children.
· Proof that you have children in your home country during your visit, such as a letter giving a grandparent authority to make decisions about them.
· Deeds to any property you own in your home country.
Your trip IS possible!!!