Immigration Corner | How can I get back my visa?

Dear Mrs Walker-Huntington,

In 2014 my visa was cancelled as the US government stated that they had proof that I was working in the country. I was made inadmissible to travel to the US for five years. That period is now over and I would love to know what is the procedures in re-applying for a visa again?

LT

Dear LT,

This question is one I get asked almost weekly. It is important to note that when a person travels to the United States on a B1/B2 visa they are not entitled to work for any form of monetary benefit. In an application to visit America, you tell the US Embassy that you are going to visit and return home. The consular officer makes inquiries to an applicant about the purpose of the visit and their ties to their home country, in addition to what is stated in the application for the visa.

The overwhelming reason to grant an applicant a visitor’s visa is that the person has enough ties that will compel them to return home. The embassy looks to the person’s marital status, their employment status and whether they have minor children in their care, among other factors.

Often US Customs and Border Protection (CBP) or the US Embassy knows that a visitor is working in America by the length of the visit. If you are employed in your home country or operate a business, but you go to America for several months at a time – it is difficult to justify employment in your home country. Also, upon arrival at the US border, CBP is allowed to search your electronic devices and evidence of employment is at times found in messages. Sometimes, CBP even receives tips from people who know about the illegal activity of unsanctioned employment in America.

When a person is barred from entry into the US at the border and told they must wait five years before reapplying, it is to satisfy the period of inadmissibility that comes with that border visa revocation. If you wish to re-enter the US prior to the expiration of that five-year period, you are required to apply for a waiver of the five-year ban – this applies even if you are now applying for an immigrant visa.

Even after the five-year ban, you can still be found ineligible for a non-immigrant visa because you abused the previous visa by working. Remember that a non-immigrant visa is a privilege not a right and by previously working without authorisation, you have given a consular officer reason not to trust you with another non-immigrant visa. You are certainly now free to apply directly for a visa after the five-year ban, but the reality of receiving another visitor’s visa has declined because of your history.

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 former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com