Reasons a U.S. Tourist Visa (B-2) Could Be Denied

U.S. immigration authorities are charged with a security role, making sure that people who present any sort of risk to the U.S., or might violate the terms of their visa, are not allowed entry.

Hundreds of thousands of people receive what's known as a tourist visa each year, though many also apply and get denied. The visa is also known as a visitor visa, in category B-2. The U.S. tourist visa allows visits to the U.S. for pleasure purposes, or for medical treatment, for a maximum period of up to six months.

The actual length of the stay will be determined when you reach a legal port of U.S. entry. Once in the U.S., you can apply for an extension of up to six additional months, but if your stay extends beyond this overall period (one year total), you will begin officially overstaying your tourist visa, thus subjecting yourself to serious immigration consequences.

The U.S. government is serious about making sure that people use their visas only for the purposes for which they were intended, and do not stay beyond the expiration date of their permitted stay (usually shown on Form I-94).

In addition, U.S. immigration authorities are charged with a security role, making sure that people who present any sort of risk to the U.S. are not allowed entry, regardless of the type of visa they apply for. In keeping with these goals, the most common reasons for saying "no" to a visitor visa applicant are as discussed below.

Visa Denials Based on Nonimmigrant Intent

Although the application process for a B-2 tourist visa is fairly straightforward, the last thing the U.S. government wants is for this to become an easy means of entry for people who actually want to work in the U.S. (which is prohibited for B-2 visa holders) or stay and live there long term.

For that reason, every applicant must show their "nonimmigrant intent," or prove that they really plan to act like a tourist and leave on time. In order to prove this, the State Department demands evidence that:

  • the reason for your trip is for pleasure (or else medical treatment)
  • you plan to stay in the U.S. for only a specific, limited period
  • you have sufficient funds to cover your expenses while visiting the U.S. (particularly important because if you run out of money, the authorities assume you might violate your visa by working in the U.S.)
  • you have compelling social and economic ties in your home country, such as a job or schooling and family, and
  • you have a house, apartment, or other residence outside the U.S. as well as other binding ties that will ensure your return when your permitted stay is over.

You will be expected to provide documents proving all these things. For example, you should bring to your consular interview copies of your travel itinerary (including hotel reservations in the U.S.), plane tickets (including a return ticket out of the U.S.), home and apartment leases, bank statements, and so on. Failure to provide convincing proof will result in your tourist visa being denied.

Your answers to questions at the visa interview will also be important. For example, if you say that you plan to "Visit Disneyland, and who knows, maybe pick up some part-time work there," or that you're "in a hurry to enter the U.S. to marry your girlfriend there," you will be told that you are applying for the wrong visa, and denied.

Visa Denials Based on Fraud

Looking at the list of items you have to provide for a U.S. tourist visa, some applicants are tempted to simply lie, or cover up certain facts. For example, they might deny a past criminal conviction, or that they have U.S. citizen family members in the United States. This is, however, visa fraud, and once discovered, will lead to a denial.

Fraud may also come up as an issue in the future if your file shows past lies regarding U.S. visas you have applied for or obtained. Learn more about the effect of submitting false information on immigration applications.

Visa Denials Based on Criminal Record

If you have a criminal record, or history of espionage or any links with terrorist groups, there is a strong chance your request for a U.S. visa (of any sort) will be denied.

Not every crime is grounds for a denial, but many are, and the list can be difficult to interpret. You'll want to consult an experienced immigration attorney.

Visa Denials Based on Past Immigration Violations

If you have overstayed your permitted time on a past visa, or spent periods of time in the U.S. without authorization, you might have difficulty persuading the consular officer reviewing your visa application that you won't violate this visa, as well.

In fact, if your unlawful presence in the U.S. added up to 180 days or more, you face an automatic bar to entry of three years. That number goes up to ten years if your period of unauthorized stay was one year or more. For details on that, see Three-Year and Ten-Year Time Bars for Unlawful U.S. Presence.

Visa Denials Based on Other Grounds of Inadmissibility

U.S. immigration laws contain a long list of reasons that people may be found "inadmissible," or ineligible for a visa or green card. For example, if you have an illness of public health significance (most likely tuberculosis), or have been removed (deported) from the U.S. in the past, or are a drug abuser or addict, you can expect to be denied a visa. See Who Can't Get Into The United States? for more information.

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