November 12, 2009

Visa (end)

Here is the answer I got from an immigration lawyer in the States :

"So, did the consulate give you anything in writing w hen they denied your visa? When they said you were not welcome in the States anymore "until you changed your situation in France" did they give you any idea how you might change it to make them happy? Unfortunately, the consulate begins the presumption that everyone in the entire world is dying to live in the United States on a permanent basis and no one intends to return home at the end of their permitted stay in the US.
The B-1/B-2 visa or visa waiver for visitors is a strictly nonimmigrant visa and the idea is that you come and see Disneyland, visit your old aunts and then leave to resume your life back home. People do come here and stay for long periods --90 days on visa waiver or 6 months on a regular visa---but they usually do not come back right away.

The idea that you can be a semi-resident or have a long visit repeatedly does not fit into their small minds very well and makes them very nervous. They do not like the idea of a 'revolving door' where someone is staying for an indefinite time or establishing a sort f residence by leaving the country and returning with a visitor visa/ visa waiver. Unfortunately, they have all the discretion to make decisions about whether they will admit someone into the country or issue them a visa (two different agencies--Dept of Homeland Security and Department of State). I would definitely wait at least 6 months before attempting to get a visa again. There is no "magic number" of days/ months where it suddenly becomes safe to apply again. And then, will you be able to show employment, family and other ties to France sufficient that they would be an inducement to you to return?"

No comments: