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Visa Denials For Lack Of Strong Ties To Home Country

United States law presumes that aliens who wish to travel to the U.S. intend to stay in the U.S. permanently rather than temporarily. For this reason, aliens who want to visit the U.S. temporarily must prove that the purpose of their trip is temporary before U.S. consular officers will issue nonimmigrant visas.

Nonimmigrant visas, which are requested for temporary travel to the U.S., are sometimes denied because the alien failed to show that he or she had strong ties to his or her home country so that he or she would not abandon that country and attempt to live permanently in the U.S.

What Evidence Helps To Establish Strong Ties?

The evidence considered by a U.S. consular officer in determining whether to issue a nonimmigrant visa depends, in large part, on the alien requesting the visa. However, strong ties are things that a person has that bind him or her to her home country, such as relationships with citizens of that country, property in that country, and employment in that country.

To establish strong ties, a visa applicant could bring, for instance, documents showing that he or she has a job, a family, a house, a bank account, or even future commitments in his or her country of permanent residence. All of these represent more objective evidence regarding the applicant’s intention to return home after his or her stay in the U.S. has ended. Consular officers recognize that younger applicants may not have much of this more objective documentation. For that reason, the officers will often look at factors that might influence that person’s relationships, property interests, and employment.

If My Application Is Rejected, What Can I Do?

If a visa applicant’s request for a nonimmigrant visa is rejected, he or she may reapply if circumstances change or if he or she has new evidence establishing strong ties. However, consular officers are the final authority on the issue of whether the applicant has established strong ties to his or her home country. There is no appeal from that decision.

Copyright 2015 LexisNexis, a division of Reed Elsevier Inc.