News & Insights

1. What Your Family Should Emphasize in Their Applications:

• Honesty About Your Situation:
  • If asked about family in the U.S., your family should acknowledge your presence and pending asylum case.
  • Omitting this information could be seen as misrepresentation, which could harm their visa eligibility.
• Strong Ties to Their Home Country:
  • To convince immigration officers of their intent to return, they should provide evidence such as:
    • Employment or business commitments.
    • Property ownership or leases.
    • Family obligations, such as dependents or elderly relatives.
    • Financial stability, including bank statements or assets.
• Clear Purpose of Visit:
  • Your family should clearly state their purpose for visiting, such as attending a family event, tourism, or temporary family support.
  • They must demonstrate that their visit is limited in duration and that they have no intention of overstaying their visas.

2. How Immigration Authorities Evaluate Visitor Visa Applications:

U.S. consular officers evaluate visitor visa applications under Section 214(b) of the Immigration and Nationality Act (INA). This requires applicants to prove they:

• Have strong ties to their home country.
• Intend to leave the U.S. after their authorized stay.

Having a family member with a pending asylum application does not automatically disqualify applicants from obtaining a visitor visa, but it may increase scrutiny of their intent to return home.

3. Tips for a Successful Visa Application:

• 1. Complete the DS-160 Form Accurately:
  • On the application form, your family should list all immediate family members in the U.S., including you.
  • Provide truthful answers about their plans, financial situation, and ties to their home country.
• 2. Prepare for the Visa Interview:
  • Your family should be ready to explain:
    • Their relationship to you.
    • Their purpose for visiting.
    • How they will fund their trip.
    • Their plans to return home.
• 3. Provide Supporting Documents:
  • Employment verification letters.
  • Proof of property ownership or tenancy.
  • Bank statements showing financial capability.
  • Proof of planned return travel, such as round-trip tickets.

4. Potential Outcomes and Considerations:

• 1. Approval:
  • If the consular officer is satisfied with their ties to their home country and their temporary visit intentions, the visa may be approved.
• 2. Denial:
  • A visa could be denied if the officer believes they might overstay or join you in applying for asylum.
  • A denial under Section 214(b) does not permanently bar future applications but indicates the officer was not convinced of their intent to return home.
• 3. Future Impact:
  • Honest and accurate information builds credibility for future immigration processes.
  • Misrepresentation could result in visa ineligibility under Section 212(a)(6)(C)(i) of the INA.