Need Help for B-2 Visa Interview (Urgent)

[faisalbukhari]

Hi,

I am new to this forum and applied for the U.S B-2, Tourist Visa first time in my life. Therefore, I would really appreciate if someone guide me about what documents actually should I carry with me on the appointment day and what are my chances?

DS-160 Application form submitted, Visa fee already paid and waiting for the interview after one week from to date.

My some particulars are as follows;

Visa Applicant: 47 years, a married male
First time applying (alone) for US B-2, Tourist Visa
Occupation: Permanent employee of a private firm since last 7 years and working as Assistant Manager.
Monthly Salary is about Rs. 50,000/- per month but having some other meaningful financial connections such as Rs. 25,000/- monthly profit from savings scheme and Rs. 10,000/- as monthly rent from the tenant of my residential house (real-estate property). So, the total earning is Rs. 85,000/- per month.
Total Job experience he holds is about 20 years.
Education: M.B.A (Finance)
Last Five Years Travel History: 1 Gulf Country only
Dependent: 3 (1 spouse and 3 children)
Social Binding: Close family relationship
Economical Binding: Permanent Job and Family Medical Health Facility
Other Ties: Bank Accounts, Credit Cards with Rs. 200,000/- credit limit, About 2 Million Savings deposit, Car, Motorbike etc.
Real-Estate Property: I got my own House and a Leased Residential Plot
Long-range-plan: Child Education Plan and Life Insurance until 2024
My close relative in USA: Brother
Relative Status in USA: U.S Citizen
My Brother’s Profession: Medical Doctor (M.D)
My U.S Immigration Registration: Pending with NVC.
The person is paying for the trip = My brother
Length of trip: 57 days

Any Tip about interview questions, my chances for success and documentation would be highly appreciated.

Regards,
Faisal

[Ideal sol]

Your credentials are okay but you already applied for family based immigration. So, you are automatically not qualified for a B visa, which needs to prove that you don't have any intention to immigrate to USA.

This is my opinion, not a legal advice.

[faisalbukhari]

Your credentials are okay but you already applied for family based immigration. So, you are automatically not qualified for a B visa, which needs to prove that you don't have any intention to immigrate to USA.

This is my opinion, not a legal advice.

Thank you very much for your opinion. Can you please give me an idea about to prove that my intention is not to immigrate to USA in order to convince the interviewer properly.

I hope someone should be able to guide me how to overcome on this prima facie evidence.

Waiting for the response.

[Ideal sol]

That's what, it is hard to prove, as you already agreed that you have intension of immigration by applying for an immigrant visa.


This is my opinion, not a legal advice.

[faisalbukhari]

Yes sir, you are right. I would like to share with you the following information I read and understood prior to apply for NIV, B-2 Visa. The consul is saying what you have said here. I am ready to face my fortune. By the way, I like to know your expert comments on this as well. QUOTE

Ask the Consul - If I have an Immigrant Visa (IV) pending, can I qualify for a Nonimmigrant Visa (NIV) to visit, work, or study in the United States?

Yes, you can apply for an NIV even if you have a pending IV petition. Because there is a long wait for the majority of IV categories, many people want to travel to the United States while their IV is in process. However, it is important to remember that qualifying for an NIV rests on your ability to show strong ties to your country of residence. These ties may include employment, property, or family. By having an immigrant visa petition, it is evident that you eventually want to live permanently in the United States. Therefore, you must have very strong evidence to demonstrate that you intend return to your country after a temporary stay. This could be prior travel to the United States, or a good job, for example. If the officer is convinced that the applicant will return after their trip, they may receive the visa, even with an open immigrant visa petition.

Applying for an NIV while your IV petition is pending will not hurt your IV case unless you misrepresent yourself or present false documents during your interview. Such actions could result in permanent ineligibilities and prevent the issuance of your immigrant visa, even if your interview is years after your NIV application. If you do receive an NIV, it is very important that you use the visa correctly. If you overstay or otherwise violate the terms of your visa, you could jeopardize your IV case and possibly be found permanently ineligible to immigrate. If you honor the terms of your visa and travel well, it will not negatively affect your immigrant visa petition.
UNQUOTE

Thank you for your help.

[Hashoo]

Mr. Faisal,

Upon a careful review of your particulars, I suggest you as follows;

- Please note that to be eligible for a non-immigrant visa, applicants must demonstrate to the consular officer that they are not intending to immigrate. Given that USCIS has accepted the immigrant petition for you, it is an unavoidable fact that you are an intending immigrant. As a result, technically you are ineligible for a non-immigrant visa. (as recommended other member too)

- With a common understanding that the immigration process is too long as mentioned in your last post, I have same feeling that sometime there are extenuating circumstances which warrant a temporary visit to the United States. So think about it and accordingly if you are able to establish for the satisfaction of the consular officer. You may get a B-2 visa.

- My last point to confirm you about NIV policy that while immigrant visa registration is reflective of an intent to immigrate, it may not be proper for the consular officer to refuse issuance of a visa under INA 214(b) solely on the basis of such immigrant visa registration, unless he has reason to believe the applicant’s true intent is to remain in the United States until such a time as an immigrant visa (IV) becomes available.

I wish you will have a good interviewer on your visa interview day who will listen you sufficiently and give you time and space to demonstrate your true intent and strong ties. Otherwise, section 214(b) of INA is very easy to apply in your case.

Good Luck

[Ideal sol]

I agree with you and other member's version.
But difficulty here is, to convince the VO that you will return to home country after the proposed trip.

Rules on papers won't workout practically some times.

90% of the applicants who denied visas are neither intended to immigrate to USA nor any chance to settle there and their purpose is, to visit somebody or purely tourism.

So, VOs don't want to take risk, even 1%.
As per my view, in your case....it's not enough to have strong ties, but also you need strong reason, which convince the VO that your trip this time is really important.

Plan your trip and prepare for the interview considering above things, but not limited to.

Don't forget to share your experience and remember, the information you share here will be helpful to the people who are in the same boat.

All the best.

This is my opinion, not a legal advice.

[Hashoo]

I agree with other member's thought about to convince the consular officer practically regarding your intent. You know why it's happened?

Because, the actual reason is hidden behind the section 291 of the INA, the burden of proof is at all times on the applicant, which means the applicant must convince to the consular officer that he or she is entitled to the requested visa. Otherwise, the applicant must be considered to be an applicant for immigrant status and cannot receive an NIV.

Let me tell you here, how the consular officer trained to apply 214(b) denial of an NIV;

For Example,

- Failure to posses sufficient funds to cover educational expenses results in a 214(b) denial of a student visa.
- Failure to make a substantial investment results in a 214(b) denial of a treaty investor visa.
- The failure to posses the intent not to abandon a foreign residence results in a 214(b) denial of a B visa.

The most important thing to remember that;
The 214(b) basis of refusal may be overcome if an applicant demonstrates to the satisfaction of a consular officer that he or she lawfully meets and will abide by all the requirements of the particular NIV Classification.

In view of above, I would like to assure you that;
By law, qualifying for a U.S. visa is an interview-based process, and because most of the information required to make a decision is located on the visa application DS-160 form, other than a few clarifying questions the interviewer will often not need any additional information to make a decision. So, you must be calm, composed and should be looking confident while sitting in front of the interviewer. Try to keep memorize what you have replied in DS-160 and stick with your answers. For example, "Why are you traveling to the U.S?" can be the first question to be asked and you know that you have applied for B-2 visa. Therefore, your answer should be; " For pleasure or tourism and to spend some quality time with my brother" Your answers should be clear, concise and comprehensive. No volunteer information to be given in response to a question. Your interview time would be 3 - 5 minutes maximum. Dress-up nicely and you should be looking an Assistant Manager. Be friendly with interviewer and avoid argument. Smile and greet nicely. I hope you will take care everything what I suggested you above.

Please do not forget to share your experience here even if it is a 214(b) denial. Good Luck

[faisalbukhari]

Thank you so much Hashoo for your very good tips about my visa interview.

I must admit here that I am impressed from your extensive knowledge about NIV. It's very useful.

Yes, I will share my experience here to help others.

Thank you Idea Sol. You made me very clear about strong reason.

Now, what I have decided to speak truth during my interview regardless of outcome like I have replied YES and explained in DS-160 regarding immigration petition. In case, I receive a 214(b) denial then it will be acceptable to me because I know that I have to re-locate in the USA one day even on immigrant visa (IV), and I do not want to Jeopardize my immigrant visa registration.

Thanks a lot both of you, once again to sparing your time for providing your opinions.