Immigration News from the Irish Pastoral Centre
By: Irish Community News | Published Wednesday, June 26, 2013, 11:19 AM | Updated Wednesday, June 26, 2013, 11:19 AM
Calls from Ireland
This week I had a query from Ireland from a person who was denied entry on the visa waiver program because of he overstayed about ten years ago. He was referred to the US Embassy in Dublin to make an application for a B visa. When he contacted a local public representative in Ireland to make an inquiry on the matter, he was referred to our office for assistance.
The B visa category has two elements: the B1 for people conducting business and the B2 for visitors. To meet the basic requirements for a B visa application, an applicant should:
- Have made arrangements such that adequate funds are available to avoid his or her unlawful employment in the US;
- If presenting assurances of financial support from sponsoring relatives or friends in the US, show compelling ties that would lend credence to the sponsor’s undertaking;
- Present specific and realistic plans for the entire period of the contemplated visit;
- Establish with reasonable certainty that departure from the US will take place upon completion of the temporary visit. The period of time projected for the visit must be consistent with the stated purposes;
- Not express the proposed period of stay in terms of remaining for the maximum period allowable by US authorities;
- Demonstrate sufficient ties to home country-permanent employment, meaningful business or financial connections, close family ties, or other commitments that indicate a strong inducement to return abroad.
- Show adequate provision for support of any dependents while the applicant is in the US if the applicant is the family’s principal wage earner.
- A person seeking entry on B2 status should consider having a US citizen or Legal Permanent Resident (LPR) relative prepare a Form I-134 to demonstrate that the US citizen or LPR will provide support to the immigrant while visiting the US.
Applicants for B visas may assume that all previous entries to the US could be scrutinized by US authorities during the application process. For this reason, because of the prior overstay, my caller this week faces an uphill battle convincing consular staff that he will not violate the terms of the visa on this occasion. It will be important that he have strong ties to Ireland –a job in Ireland supported by a letter from his employer, a mortgage, a lease, car ownership, a return ticket, written documentation regarding the purpose of his visit to the US, and other evidence that he can support himself while here and has every intention of returning to Ireland after his visit.Calls from Australia
This week I also had an Irish lady email me from Australia. She is approaching the end of her visa there, and believing she has a better chance finding work in the US than in Ireland she was inquiring about US visas. Having reviewed her resume, there are a number of visa categories (J, H1B, F and E) which may work for her. If readers have friends or relatives residing abroad who have an interest in coming to America, feel free to pass along our details and we can send some prepared packages of information on visa options.Legal Clinic
We will be having a legal clinic on July 2nd at our regular time, 6:30 pm in The Banshee, 934 Dorchester Ave., and Dorchester. Confidential consultations are given to immigrants by two of the leading immigration experts in Boston, Chris Lavery and Dan Harrington. If you have any questions in the meantime, readers are invited to email me.Disclaimer: Please note that the information contained in it is provided to inform generally, and is not intended as a substitute for individual advice. Immigration law is subject to frequent changes and individual circumstances can affect the application of certain legal provisions. For individual legal advice, please contact the Irish Pastoral Centre directly regarding upcoming legal clinics or consultation with an immigration attorney.
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