Tips in successfully applying for and obtaining a tourist visa

It is already Christmas season and it is the time of the year when people want to spend some meaningful time with their family and loved ones. For those of you who may want to come the United States temporarily for the holidays, you could apply for a tourist visa which is also known as B2 visa. Here are some tips you could use which may increase your chances of being granted.

1. Make your intentions clear to the consular officer that you are applying for a tourist visa. If you want to see people and places here in the US or celebrate a milestone in your life such as a wedding anniversary or simply taking your whole family for a vacation at Disneyland, make sure that it should be the case. Know the names, addresses, contact information and other personal details of the people you want to meet. You must have an itinerary of places you want to go. If you have been invited, have a letter of invitation. Do not apply for a tourist visa with the intention of applying for a job, attending school or marrying someone once you get here.

2. You must have ties to the Philippines that are sufficient reasons for you to come back here after your US trip. Evidence of sufficient ties may include bank statements showing sufficient savings and deposits, certificate of employment, title or deed of properties under your name, ownership of businesses, presence of family members still residing in the Philippines are just some of the evidence that would show your willingness to return to the Philippines.

3. Be truthful in your application. Do not deny nor hide any information at the application form or from the consular officer. If you have a pending petition filed in your behalf, say so. If you have family members in the US, disclose such fact. Previous travels to the US and other countries, any arrests or pending cases or previously denied applications to the US should be divulged. I had cases before where my clients did not disclose some information because they were just afraid that its disclosure would be a reason for denial. It turned out that this failure came back to haunt them in their latter applications for being fraudulent or willful misrepresentations.

4. Do not fake your documents. Make sure that the documents you are providing in support of your application are not spurious or faked. Birth or marriage certificates should be original copies and on NSO certified security paper. Latest bank statements should show gradual and consistent transfer of money and not just a one time deposit of huge amount of cash. The latter could be interpreted as a "show money" which is really frowned upon. Certificates that show your ownership of properties and businesses should be verifiable such that your name is not just placed there as a "dummy" or you just suddenly "owned" these properties overnight.

5. It is assumed that when you tour the US, as costly as it is, you are financially prepared for it. You must be able to demonstrate that you have the financial capacity to support yourself and your family. The US government does not expect you to become a liability to its already burdened system. Prepare your latest bank statements, a certified letter from the bank manager noting your current balances, latest income tax returns, stock certificates, certificate of business ownership, etc. If someone else is paying for your trip, make it known to the consular officer and provide the details for it.

6. Be on time. After gathering the documents, paying the application fee and traveling to Manila for your most awaited day of interview, you do not want to let all of these go down the drain just because you missed your time by being late. Plan ahead. Go to Manila a day before. You do not want your stomach to churn because of anxiety caused by cancelled and delayed flights. Stay at a hotel near the US Embassy. With extra security measures implemented at the US Embassy and with all the other applicants lining up, give yourself an hour or two. Check their website for latest updates for instructions

This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]

7. You may ask these questions:

A. Does a letter from a politician help? The answer may dismay you. No, not really. It does not help one way or the other. While that letter may vouch for your good moral character, it does not weigh heavily on the consular officer's determination whether to approve you or not. It is on how truthful your application is and how likely you would return to the Philippines.

B. Does my record of previous travels to other countries help? The stamps in your passport may show that you traveled to other countries and that you did not stay beyond the period you were authorized to stay. While such was laudable, it does not directly prove that you will not overstay in the US.

C. What about if I have a pending immigrant visa application? While generally, it decreases your chances of being granted a tourist visa, but in some cases, depending on your reasons of coming to the US, your tourist visa application could still be approved. I had cases like this and we had no problem obtaining a tourist visa despite a pending immigrant visa application.

D. If I have been denied a tourist visa before, can I be approved this time? It depends on what was the reason of the denial. If the reason was based on lack of sufficient ties to the Philippines and still your present life circumstances have not changed in order to overcome that denial, you could probably still be denied. If other reasons such as lack of invitation letters or lack of sufficient funds and you are now able to provide these, then you could have a chance.

E. How soon should I apply for a tourist visa after a denial? I would say, give it adequate time. Do not apply right away hoping that you will have a different consular officer who will interview you. Most likely than not, you will be denied again. Make sure that your life circumstances have positively changed that could enhance your chances of being approved in the next application.

It must be noted that a grant of a tourist visa application is discretionary on the part of the consular officer. Depending on how you present your application and to a large extent, how he sees it, whether to deny you or not is entirely up to him. His decision is final and cannot be appealed nor reviewed.          

This column is not a substitute for professional legal advice obtained from a US licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader's specific immigration case. No attorney-client relationship is and shall be established with any reader.

For any questions, comments and observations, please contact Atty. Marco Tomakin at [email protected]