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Factors to
consider when applying for a visa stamp
According
to the Foreign Affairs Manual, in determining whether visa applicants are
entitled to a temporary visitor status, consular officers must assess
whether the applicants:
-
Have
a residence in a foreign country which they do not intend to abandon;
-
Intend
to enter the United States for a period of specifically limited
duration; and
-
Seek
admission for the sole purpose of engaging in legitimate activities
relating to business or pleasure.
In
making these assessments, the consular officer may wish to consider
whether the applicants generally meet the criteria listed below.
Adequate Funds to Avoid Unlawful Employment
The arrangements which the applicant has made for defraying the expenses
of the visit and return abroad must be adequate to prevent the need for
obtaining employment in the United States.
Credibility of Support Arrangements
If the financial arrangements made by the applicant depend on assurances
that relatives or friends in the United States will provide all or part of
the applicant's support, there must be forceful and compelling ties
between the applicant and the sponsor which would lend credibility to the
sponsor's undertaking.
Specific and Realistic Plans
The applicant must have specific and realistic plans (not just vague and
uncertain intentions) for the entire period of the contemplated visit.
Period of Time in the United States Consistent With Purpose of Trip
The period of time projected for the visit must be consistent with the
stated purpose of the trip and the applicant must establish with
reasonable certainty that departure from the United States will take place
upon completion of the temporary visit. Although “temporary” is not
specifically defined by either statute or regulation, it generally
signifies a limited period of stay. The fact that the period of stay in a
given case may exceed 6 months or a year is not in itself controlling,
provided the consular officer is satisfied that the intended stay actually
has a time limitation and is not indefinite in nature.
Alien's Understanding of Length of Stay
The applicant's proposed length of stay in the United States must
be consistent within the time-frame limitation offered by the relatives or
friends the applicant will be visiting. The applicant's intentions must
not be expressed in terms of remaining in the United State for the maximum
period allowable by U.S. authorities.
Ties Abroad
The applicant must be able to show reasonably good and permanent
employment, meaningful business or financial connections, close family
ties, or social or cultural associations which will indicate a strong
inducement to return abroad.
Evidence of Support for Family Abroad
Consular officers shall elicit a satisfactory explanation about provisions
for support of the spouse and children while the applicant in the United
States in cases where the applicant is the family's principal wage earner.
In the event of a proposed extended temporary stay, the applicant shall be
requested to provide the reasons for the lengthy family separation and
evidence of the employer's awareness of a contemplated extended absence
from work.
The criteria listed here are intended to serve only as general guidelines.
Clearly, the presence or absence of any of those factors will not
necessarily provide conclusive evidence of the alien's real intent. If the
consular officer, after consideration of those criteria and any other
pertinent factors, is not satisfied of the applicant's intent to return
abroad or to abide by the terms of the nonimmigrant status, the officer is
required by law to refuse the visa. However, if it appears that the visa
refusal can be overcome by submission of additional evidence, the
applicant shall be informed.
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