Tourist Visa Violation

[travellermnl]

Hello!

I left for the U.S. on 2002 with a tourist visa and changed to H1B while I was there. I finished my H1B did not over stay and went back to my country of origin 2006. Now by this time I now know that I had violated my tourist visa.

Fast forward to 2013, I tried to apply for a tourist visa and was denied because of the violation I made and was told to just try and apply again.

I would like to try and apply for a tourist visa again this year not only because I want to go on a vacation but more importantly to clear my record with the US Embassy that I will be returning to my country of origin.

My question is what are the chances that I will be denied again or what can I assure them that I'll be back aside from supporting documents like bank accounts, etc.

Thanks in advance!

[rayb]

I don't see that you actually violated your original visitor visa rules. Conversions to other visa types from visitor visas are quite routine and acceptable by USCIS.

I think your visa conversion history gave the impression, the most recent time around, that you had used the visitor visa as a 'stepping stone" to another status type.

--Ray B

Hello!

I left for the U.S. on 2002 with a tourist visa and changed to H1B while I was there. I finished my H1B did not over stay and went back to my country of origin 2006. Now by this time I now know that I had violated my tourist visa.

Fast forward to 2013, I tried to apply for a tourist visa and was denied because of the violation I made and was told to just try and apply again.

I would like to try and apply for a tourist visa again this year not only because I want to go on a vacation but more importantly to clear my record with the US Embassy that I will be returning to my country of origin.

My question is what are the chances that I will be denied again or what can I assure them that I'll be back aside from supporting documents like bank accounts, etc.

Thanks in advance!

[Nattybone]

Hello, Travellermnl.

There are no clear cut ways to secure a visa. I do not feel you violated any visa regulations - this is a subjective matter. You legally switched status from B2 to H1B, so this is permitted and does not amount to violation. But, yes, the USCIS and other US Authorities do not like it when people enter on B2 visa and switch to F1, H1 etc. Your intention was not to stay illegally, otherwise you would not have returned. You switched your visa legally. Just that US authorities do not like when people stay long term in USA after entering on short term visas. It is weird, but they make the rules.

Now that you have a record of doing the switch in USA - there is no escaping it. As regards your visa, what can strengthen your chances is good ties to your home country. A good job - with a big company, large salary etc. Also, if you could travel to some other countries, that would help your case.

I hope this helps.

Wishing you luck.

Hello!

I left for the U.S. on 2002 with a tourist visa and changed to H1B while I was there. I finished my H1B did not over stay and went back to my country of origin 2006. Now by this time I now know that I had violated my tourist visa.

Fast forward to 2013, I tried to apply for a tourist visa and was denied because of the violation I made and was told to just try and apply again.

I would like to try and apply for a tourist visa again this year not only because I want to go on a vacation but more importantly to clear my record with the US Embassy that I will be returning to my country of origin.

My question is what are the chances that I will be denied again or what can I assure them that I'll be back aside from supporting documents like bank accounts, etc.

Thanks in advance!

[travellermnl]

Thanks NattyBone and RayB!

I really thought what I did was a violation since I read before (don't know if I understood it correctly) that if you want to apply for a working visa, you should do so but still in your country of origin and when you get approved thats the only time you leave for that country.

I also did a lot of traveling before I applied for an interview but as soon as the interviewer found out how long I stayed there, that it was from tourist to H1B, it all went south, didnt even bother with the supporting documents I have. But it was ok since I prepared myself that day that I could get denied.

I guess the only way to find out is to try again.....

Thanks a bunch!

[peace999]

travellermni

these are two departments;

USCIS allows change of status while in US but visa issuing STATE dept. does not like it.

Especially visitors changing to other status. why do they have this double policy?

You did not break any laws by changing status but you created an assumption of immigrant intent. which is why you were denied.

So, just apply again with strong ties ( income, job stability and family) and you should be fine.

[Obediah]

They got the B-1 and RAN after clearing customs

I invited my Nigerian sister in law and brother in law to visit me and my husband (a Nigerian) in the United States. My sister in law worked in a bank when she applied and her husband was un-employed and has been for many years- anyway, I wrote a letter of invitation, inviting my sister in law and husband and two kids to visit or three weeks, they had NEVER traveled anywhere before, no experience on a plane or airport and the provided me with their round-trip ticket itinerary. Well, after she was approved for the visa, she had problems on her job because of misappropriation of funds, I don't know all of the details but she was (and probably still is)under investigation. The family was expected to arrive towards the end of January but we received a last minute call that they would arrive in ONE WEEK! We had only ONE WEEK to prepare for a visit that was supposed to happen next month, we had to cancel all of our plans to prepare for them. We spent probably a bit more than $1,000 just on food alone, we had to buy toys and warm clothing for the children and hired a driver to pick them up from the airport, well GUESS WHAT HAPPENED? They cleared customs claimed their luggage and took off for the nearest Amtrack station! At first we were worried sick thinking that they were lost or even kidnapped (it happens) or detained from the Nigerian airport that's until we got the authorities involved! They showed us photos of them in the airport up until they left, and if it were just a simple issue of missing the connecting flight, they would have at least checked their luggage. After learning this we posted info with photos all over social media and my in-laws blocked our ******** and ******** accounts. They arrived in the US on 12/01/2017 and they have yet to communicate with us. They have called their friends and family members but not us- we are still in shock about the whole thing.