WHY YOU WERE REJECTED BY THE
U.S. CONSULATE
B-Visa
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It is well known that Jamaicans and, in fact, most foreign visitors who wish to visit the United States of America must obtain a Visa to do so. Some Jamaicans think that their 'rights' are violated when they are not granted Visitors' Visas. |
If one is a business visitor (B-1) or a visitor for pleasure (B-2), one can stay in the United States for a brief period, for activities that extend to obtaining health care, doing business on behalf of a foreign employer, obtaining unique health care, or visiting family members, etc. See § 101(a)(15)(B) of the Immigration and Nationality Act 8 U.S.C. § 1101(a)(15)(B).
Trips that occur under the B-1 Visa should be temporary in nature and cannot involve employment in the United States.
Many individuals are unable to convince the U.S. Consulate that their primary purpose is to enter the United States on a temporary basis.
The most significant aspect of the 'B' category is that the alien must not engage in gainful employment in the United States, and in their deliberations, U.S. Consular Officers are very keen to detect any possibility of this occurring.
What are the core requirements for classification in the 'B' Visa Category?
- The non-Citizen must be entering the United States for a short duration.
The non-Citizen must exhibit an intention to depart the United States at the conclusion of his or her stay.
While the non-Citizen is in the United States, he or she must maintain a foreign residence which he or she should exhibit no intention of abandoning.
The non-Citizen must demonstrate that he or she has made adequate financial arrangements to travel to, to remain in and to depart from the United States.
The non-Citizen must engage solely in legitimate activity relating to business or pleasure. The State Department has, together with the Department of Homeland Security, developed a listing of acceptable B-1 activities. Among the list of these legitimate acceptable activities are:
- Appropriate independent research.
- Short-term marketing.
- Attendance at conventions, business conferences or executive seminars.
- Tourism-related visits.
The individuals who are rejected by the United States Consulate in Jamaica for B-1 or B-2 Visas ought to review the above carefully. Any rejection that they have suffered, relates to the application of one or more of the above-stated criteria, or their inability to convince the Consular Officer that they are unlikely to work in the United States.
Obviously, individuals who have been convicted of criminal offenses will rarely qualify for B-1/B-2 Visas after the passage of the IRAIRA Statutes.
Many rejected Jamaicans are concerned about their rights but the unfortunate fact is that no Jamaican has a vested right to be able to visit the United States of America.
Sadly, many of those who have visited the United States under Visitor's Visas, have not returned to Jamaica and have remained in the United States beyond the duration of their permitted stay. Some of these individuals have become U.S. residents through Amnesties declared by the U.S. Government.
The few 'bad apples' have negatively affected the future possibilities of many legitimate visitors.