Visa interview in 3 days, have some urgent queries, help needed !

[skumar100]

Hello everyone on immihelp. I have some important queries about business visa (B1) before the visa interview.

1. If I mentioned a particular location and duration of visit in my B1 application, then is it mandatory to travel the same location and for the same duration after getting the business Visa? Would I be allowed to travel to a different location/duration than what was mentioned in application?
2. Will this create any problem at the Port of Entry? What should I tell to POE officer if asked about my destination? Would POE officer have the info about location mentioned in the B1 application?
3. I am going for a training of 4 weeks which might extend by a week, after which I am planning to visit a friend for 1 week in another city in US, so in total around 6 weeks. Am I allowed to visit other places for non-business / tourism purpose after completion of my training?
4. Do I need to mention about the plan to visit the friend at the time of B1 interview and at the POE?

Would really appreciate if anyone or the Visa gurus at immihelp can clarify the above queries so that I can prepare accordingly for the interview.
Thanks in advance !!!

[inadmissible]

Hi Kumar

These are good questions. Let me preface things by clearly stating that it is not a good idea to ever misrepresent yourself in applications or interviews with consular officers and immigration officers. Not just for some moral reason, but strategically, you can best get what you want by being upfront with them. I can't think of any situation where your situation would be improved by telling even the littlest white lie. I know that is not your intent, but I just wanted to say it.

None of the concerns you raise are particularly important in the big picture of getting a B visa.

They know aliens don't buy commercial airline passenger tickets before first obtaining a visa. They know that air travel pricing is complex and variable. They know that metropolitan areas are served by multiple major airports, and that different airlines use different hubs to ultimately get you where you want to go. They also know aliens are keen doing a little sightseeing before and after (ie incidental to) engaging in their business activities.

You should study consular officers operations manual governing the issuance of B visas, the Department of State Foreign Affairs Manual Volume 9, Chapter 41.31. The notes are here http://www.state.gov/documents/organization/87206.pdf Students who don't study for their exams are less likely to pass, right?


You can see that their biggest concerns are:
* will you return home (see Note 3.4, 2.3, 3.5)
* is the period of your stay clearly limited (see Note 3.1, 3.2, 3.3)
* will you comply with the terms of your visa (see Note 4.1, 4.2, 5b)
* is this visa classification appropriate (see Note 6.1, and Notes 7/8/9/10/11 as appropriate)


WILL YOU RETURN HOME?
The reason most aliens are denied B visas is they fail to overcome the presumption of immigrant intent. They are are required to assume all B visa applicants are wannabe illegal immigrants, and the burden is on aliens to clearly convince them otherwise. "The applicant must demonstrate permanent employment, meaningful business or financial connections, close family ties, or social or cultural associations, which will indicate a strong inducement to return to the country of origin." ... "Suspicion that an alien, after admission, may be swayed to remain in the United States because of more favorable living conditions is not a sufficient ground to refuse a visa as long as the alien’s current intent is to return to a foreign residence." ... "If you doubt an alien’s intent to return abroad, the alien cannot satisfy your doubts by offering to leave a child, spouse, or other dependent abroad." There isn't much you can do to prepare for this first step in the inquisition, but lets assuming you'll pass and be faced by the next issue.

IS THE PERIOD OF YOUR STAY LIMITED?
"The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although 'temporary' is not specifically defined by either statute or regulation, it generally signifies a limited period of stay." ... "The applicant must have specific and realistic plans for the entire period of the contemplated visit." ... "In evaluating these cases, you should not focus on the absolute length of the stay, but on whether the stay has some finite limit." The consular officer will ask you what is the purpose of your trip, and the answer needs to be more than just 'business', you need to provide a clear and detailed answer of how you plan to spend your days in the United States.

WILL YOU COMPLY WITH THE TERMS OF YOUR VISA?
"Therefore, an application for a visitor visa must be denied in those cases where you have reason to believe or know that, while in the United States as a visitor, the applicant will engage in unlawful or criminal activities." ... "The arrangements which the applicant has made for defraying the expenses of his or her visit and return abroad must be adequate in order to prevent their obtaining unlawful employment in the United States." ... "You should give particular attention to applicants traveling to the United States to attend conferences, conventions, or meetings on specific dates." You need to have more than adequate funds to pay for all those expenses your employer isn't covering.

IS A B-1 VISA APPROPRIATE?
"An alien desiring to come to the United States for one principal, and one or more incidental purposes, should be classified in accordance with the principal purpose.
For example, you should classify an alien seeking to enter the United States as a student who desires, prior to entering an approved school, to make a tourist trip of
not more than 30 days within the United States, as F-1 or M-1." You can read that to also say that an alien who wants to do tourist-y stuff before and after his conference/meetings should be classified as B-1. "Engaging in business contemplated for B-1 visa classification generally entails business activities other than the performance of skilled or unskilled labor. Thus, the issuance of a B-1 visa is not intended for the purpose of obtaining and engaging in employment while in the United States." It is important that the consular officer be able to pigeonhole your 'business' activities within one of the fact patterns described in Notes 8 through 11. Study the notes. The prototypical B-1 activity is described in Note 8.6, "Aliens should be classified B-1 visitors for business, if otherwise eligible, if they are traveling to the United States to Participate in scientific, educational, professional, or business conventions, conferences, or seminars". There are other permissible B-1 activities, but again, you need to study the notes and ensure you describe the intended activities in a manner consistent with one of the fact patterns described.


I know nothing about your personal situation, proposed itinerary, and plans for business activities in the United States. I could give you more constructive feedback if you discuss that.

[skumar100]

Thanks inadmissible, appreciate all the help. I went through the link you provided. While this details the evaluation criteria used for admission to different visa classes, I couldn't still get the answers to my queries. My situation is, I was supposed to go to city X to get certain product training for 4 weeks, but the team which was to provide this training has now moved to city Y and hence these queries. It would be great if you can let me know if I would be able to travel city Y after I get B1, even when I had mentioned X in my B1 application? Also, how to deal with POE officer in that case?

[inadmissible]

Your visa interview is tomorrow. Explain that when you filled out your DS-160 the event was scheduled at city X, but now will instead be held at city Y. Therefore you will be traveling to city Y for the event.

[skumar100]

Your visa interview is tomorrow. Explain that when you filled out your DS-160 the event was scheduled at city X, but now will instead be held at city Y. Therefore you will be traveling to city Y for the event.

Will it not result in contradicting facts between application and interview, thus raising a doubt in the mind of VO and risking the B1 rejection. Was wondering if I can say X in the interview and once I get visa, travel to Y? Do the POE officer have this record about what was mentioned in the application? I know many people travelling on H1 who had mentioned a different location/client in their H1 application but later travelled to another city and client. Will appreciate your inputs on this.

[inadmissible]

Plans change. It would be worse to say something at an interview that you know is not correct.

I'd be more concerned as to how the "training" fits within a specific B visa permissible activity.

[raju123]

plz help

Hallo I submit my DS160 on 9th of June 2015..I got my appoitment on 30 of this june ..I still dont know i shd go for interview or not..Plz help