Why was I denied a visa?
Dear Mrs Walker-Huntington, MY WIFE and I are from Jamaica and we got our visitor visas in 2014. Since 2017, my wife has been travelling on an H2B visa and has done several extensions. She is currently in the US. I travel a lot to see her, usually staying two to five weeks. I also have a motherin-law in America who is in treatment for cancer since 2015. My mom-in-law applied for us since 2015.
On two occasions I decided to stay for three months, which I regret. Those two instances landed me in secondary interrogation where I was questioned, my phone searched, etc. I am a writer and I work remotely.
When I went to renew my visa, the consular officer asked what I did and I told him I am a writer. He asked if I did writing while in the US. I said yes. I have over 50 published books and pay my taxes in Jamaica.
My visa was denied because the consular officer said I worked when I was in the US, and I have a history of long stays. I felt this was kind of unjust, seeing that my wife works and travel, and I only go to the US to check on mom, see my wife, and visit my mentor.
I would appreciate your input, because it’s uncomfortable being denied to see my spouse when I can afford to.
Regards,
Concerned Husband
Dear Concerned Husband,
Please be reminded that no matter the reason for wanting or needing to be in the United States as a non-immigrant, a visa is a privilege and not a right. An applicant must also overcome the presumption that they intend to migrate to the United States.
In your case, you have given several reasons for the renewal of your visa to be denied.
You have an intention to migrate to America because you are the beneficiary of a pending immigrant visa application. This is not to say that persons who are being filed for cannot have their non-immigrant visas renewed, but the consular officer chose to weigh that fact against your application, in conjunction with other negative factors.
Second, you worked in the United States without authorisation. Notwithstanding that with remote work, persons with a computer and the Internet can work anywhere in the world. The US law is clear that if you are within the United States and you work – even remotely for a foreign entity and are paid, you have worked in the United States without authorisation. It is not a concept that many are aware of, and, like you, are penalised for the faux pas.
Additionally, staying in the United States for a three-month period gives rise to the presumption that you were working in America.
Dahlia A. Walker-Huntington, Esq, is a Jamaican American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com