Immigration Corner | What are his chances of getting another visa?

Dear Mrs Walker-Huntington,

In 2013, my husband was asked to withdraw his application for entry into the United States (US) because it was assumed that he was entering the US to work, based on a text message found in his phone.

We got a print out of the questions he was asked and the responses he gave. The responses given to the question relating to the text message saw him actually admitting to the contents of the text.

He is now in the process of reapplying for his visa. What are his chances? I await your response. Thank you

JT

Dear JT,

One of the most frequently asked questions I receive from this column and in my office is how to get a US visitor’s visa. It is an enigma. However, the US Consular Officer at the Embassy assumes that all applicants have an intention to migrate and the applicant has to overcome that presumption. A US visa is a privilege and not a right. It is given, denied and revoked at the will of the US Department of State. One of the biggest complaints from unsuccessful applicants is that they are not given any time to offer evidence or to explain any extenuating circumstances. This is because the process is subjective – up to the Consular Officers discretion.

The US government can refuse or revoke a US visa for any reason or no reason because they do not have to disclose why they take the action that they take.

In your husband’s case, he clearly abused the privilege of his US visa because he engaged in employment in America in his visitor’s status. That is one of the reasons why a person can lose their visa privilege. When a person remains in the United States for more than a few weeks, that extended stay raises the presumption that they were in the United States working in their non-immigrant status. Your husband actually had, on his phone, the proof that he was employed in America without authorisation. When anyone is at a US border, they are subject to a higher level of scrutiny than if they were inside the United States and this scrutiny leads to warrantless searches – including electronic devices.

With the uncertainty of any non-immigrant visa application a major concern for most applicants, your husband has actually given the US Embassy a reason not to give him another visa – working in the US without authorisation. No one can give a percentage of success or predict whether a person will be granted a non-immigrant visa. However, your husband has done himself a huge disservice and that makes the chances of him receiving another non-immigrant visa extremely slim.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com