The Visitor’s Package is for clients who plan on attending a consulate interview or crossing the border for their B-1/B-2 visa or ESTA from the visa waiver program (VWP). In order to successfully enter the U.S. in visitor status, you have to satisfy section 214(b) of the Immigration and Nationality Act (INA), which requires nonimmigrant intent for certain visas. This means that the government will not grant your visa if they have reason to believe you are coming to the USA permanently, or with plans that violate your requested status. The agency officials are allowed to inspect your belongings, electronics, and correspondences to make such a determination, and items such as employment offer letters or text messages from a significant other in the U.S. can result in rejection at the border or consulate.
A 214(b) denial typically means that the border official didn’t believe you were coming to America with the intent to depart at the end of your visa. This type of denial can be avoided with a properly composed evidence packet at the border that demonstrates and explains:
(1) Your ties to your home country;
(2) Your temporary and legal plans in the U.S.;
(3) Your intent to return to your home country after your plans.
After an initial discussion about how to fulfill these criteria, your attorney will advise you on how to best demonstrate your visitor status and help you prepare an evidence packet to aid your interview. This evidence packet will include an attorney cover letter explaining your compliance with the nonimmigrant visa regulations, as well as a one-on-one strategy session about how to prepare for the interview and what to expect.
If you’ve unsuccessfully attempted to enter as a visitor, your attorney needs to analyze your situation to determine if you need to file a waiver, or if you can simply reattempt the interview with one of our custom Visitor Visa Packages.
Contact Pilehvar Law today to discuss your upcoming visit to the USA, or to get advice on your unsuccessful attempt to obtain a visitor visa.