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Tips for obtaining a Vistor's Visa
By Atty. Michael J. Gurfinkel, Esq

How does a person increase his chances of getting a visitor's visa?

Here are a few simple tips:

Tell the truth at your interview.

Make sure all of your documents are true, genuine, and legitimate. (As opposed to forged, altered, or counterfeit.)

Prove to the Consular Officer that you have "reasonably good and permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which would indicate a strong inducement". In other words, prove you will return to the Philippines after you have visited the U.S., and you will not go "TNT".

There are two basic types of visitor's visas:

Visitor for Pleasure. This means that a person is coming to the U.S. for "legitimate activities of a recreational character, including tourism, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature".
In other words, you are coming to visit family or friends, Disneyland, etc.

Visitor for Business. This refers to "conventions, conferences, consultations, and other legitimate activities of a commercial or professional nature." This would include taking orders for goods manufactured abroad, negotiating contracts, consulting with business associates, etc.

Visitor visas do not allow a person to work in the U.S. So, do not think that once you arrive in the U.S. you can start working. If the Consular Officer believes that your true intention in going to the U.S. is to find work, this alone may be sufficient grounds to deny your visitor's visa.

To be eligible for a visitor's visa (whether for business or pleasure) you must prove to the Consular Officer, among other things:

You have a residence in a foreign country (such as the Philippines, Saudi Arabia , Hong Kong, etc.), which you have no intention of abandoning.

You intend to enter the U.S. for a period of specifically limited duration (i.e. one month, six months, etc).

You are going to the U.S. for the sole purpose of engaging in legitimate activities relating to business or pleasure.

You have made adequate financial arrangements, so you can demonstrate to the Consular Officer that you will be able to support yourself (and your family while you are away) and/or carry out the purpose of your trip. This would include showing that you have enough money for hotels, food, etc, for your trip, so you will not have to work in the U.S. in order to be able to support yourself while you are here.

You should have specific and realistic plans, not just vague and uncertain intentions, for the entire period of your contemplated visit. In other words, the Consular Officer will want to know where you will be going, where you will be staying, how long you will be staying at each place, how you will get from place to place, etc.

There is no reason for you to be nervous, start crying, or faint, when the Consul starts asking you questions. But please understand that they have a job to do, and rules and regulations to follow. There are various requirements that must be met. The Consular Officer must be fully satisfied that you meet those requirements, before a visitor's visa can be issued. Unfortunately, some people who apply for visitor's visas promise to return to the Philippines. But, after many years, they are still in the U.S. "visiting". That is why the Consular Officer wants to make sure that if you go to the U.S., you will come back to the Philippines.

Michael J. Gurfinkel has been an attorney for over 26 years, and is an active member of the State Bar of California and New York, as well as the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. WEBSITE: www.gurfinkel.com

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