Changes in Tourist Visas – B1 and B2
This is a good article by Brian Bolton regarding the latest changes to the commonly requested Tourist Visa, B-1/ B-2.
In Bangkok, there has been an increase in this practice to curb the recent hike in cases where the applicant’s answers at the interview are dubious. More and more information are being shared to circumvent possible ruse. An excerpt of the article is below.
Consular posts have begun inserting detailed notes in the Consolidated Consular Database (CCD) regarding the travel plans of applicants who are issued new B-1/B-2 visas, particularly in borderline cases. This practice is encouraged by new guidance at 9 FAM 41.113 N2. This same FAM provision also advises consular officers to exercise “particular care” when entering issuance notes for “odd or high profile cases”. These case notes are intended to help focus Custom and Border Protection (CBP) officers scrutiny of foreign nationals arriving at American ports of entry. By means of the notes from consular officers, CBP agents can examine travelers with regards to the information they disclosed during their visa interviews. For example, if a foreign national obtained a visa for the stated purpose of taking a two week vacation with his parents but then arrives alone at the port of entry holding a reservation for a return flight six months hence, the CCD notes can help CBP agents detect the possible ruse. Given that CBP officers do not have access to the CCD at Primary Inspection, consular officers electronic remarks are available only when the foreign national is being examined in Secondary Inspection. Knowing this, some consular officers are using a novel visa annotation (“B-2 CCD”) to subtly cue Primary Inspection officers to the possible for Secondary Inspection. The “B-2 CCD” visa annotation is a consular officers’ way of communicating to CBP officers that the CCD contains detailed notes regarding the travel plans that the foreign national outlined during the visa interview. In effect, the annotation invites CBP to examine the traveler in light of the previously stated plans; if the travelers story at port of entry does not match what was represented during the visa interview, then there may be admissibility issues. begun inserting detailed notes in the Consolidated Consular Database (CCD) regarding the travel plans of applicants who are issued new B-1/B-2 visas, particularly in borderline cases. This practice is encouraged by new guidance at 9 FAM 41.113 N2. This same FAM provision also advises consular officers to exercise “particular care” when entering issuance notes for “odd or high profile cases”.
These case notes are intended to help focus Custom and Border Protection (CBP) officers scrutiny of foreign nationals arriving at American ports of entry. By means of the notes from consular officers, CBP agents can examine travelers with regards to the information they disclosed during their visa interviews. For example, if a foreign national obtained a visa for the stated purpose of taking a two week vacation with his parents but then arrives alone at the port of entry holding a reservation for a return flight six months hence, the CCD notes can help CBP agents detect the possible ruse.
Given that CBP officers do not have access to the CCD at Primary Inspection, consular officers electronic remarks are available only when the foreign national is being examined in Secondary Inspection. Knowing this, some consular officers are using a novel visa annotation (“B-2 CCD”) to subtly cue Primary Inspection officers to the possible for Secondary Inspection.
The “B-2 CCD” visa annotation is a consular officers’ way of communicating to CBP officers that the CCD contains detailed notes regarding the travel plans that the foreign national outlined during the visa interview. In effect, the annotation invites CBP to examine the traveler in light of the previously stated plans; if the travelers story at port of entry does not match what was represented during the visa interview, then there may be admissibility issues.
Tourist Visa B2 to the USA
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program.
Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
The U.S. government made some changes in visa procedures after the terrorist attacks of September 11, 2001. The changes in various procedures to make sure that both U.S. citizens and visitors are safe. Advance planning by travelers is essential, for them to have their visa when they need it to come to the U.S. For most visa applicants, an interview is required as a standard part of visa processing. Visa applications are evaluated very carefully and take more time now than in the past. Some applications require additional security screening. Improved and automated procedures have considerably sped up visa clearance procedures.
Obtaining a visitor visa, or tourist visa, may not be as straighforward as it seems if you’re basing it on the information on the US Embassy websites. In reality, depending on your nationality and purpose of your trip, combined with your person documentation to prove strong community ties to your home country, obtaining a tourist visa to the US may be a confounding process. Simply, you need to show more than that the fact that you want to visit Disney Land, or that you have a friend you haven’t seen in 20 years, you need to show that once you arrive in the US you will not reside their or attempt to find work and overstay your visa, or worse yet, violate the terms of your visa.
Before heading to the embassy with your application in hand, be prepared and review your documents. Ask yourself these questions:
Do I have proof that I have strong ties to my home country, such as a business, dependants, employment, or family to substantiate my desire to return to my home country after my visit to the US?
Do I have enough financial proof that I will be able to support myself during my stay wtihout having to resort to public funds or public assistance?
Do I have a letter from the friend, company, or person sponsoring my trip to the US so to demonstrate that that person or organization would be responsible for me while I’m there?
Do I have the time and patient to sit through an interview and respond honestly to the questions the interviewing officer will pose?
Once you have considered these questions, go to the US Embassy website in your home country and start the process.
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US Visas and Immigration Services
CTR & Associates represents clients in Immigration Law by providing them a more efficient, reliable, and professional way to achieve their success at the US Embassy. Whether it is a family based immigration law matters at the US Embassy in Bangkok to the US Consulate in Ho Chi Minh City, we meet with clients to assess the facts of the case and develop a legal and practical business plan suitable to their individual needs.
As a leading American Law Firm, our U.S. Attorneys can make Administrative Processing inquiries with the local U.S. Embassy in Bangkok or in Ho Chi Minh City, provide personal immigration consultations, research local immigration laws, request a legal opinion for Thailand or Vietnam, draft/review and negotiate Prenuptial Agreements, and provide legal advice with our local Thai and Vietnamese Lawyers. Our most popular requests are Tourist Visas B1/B2, Fiance(e) K1, and Spousal Visa K3 for Immediate Relatives.
U.S. Passport & Citizenship
U.S. Citizenship is one step beyond permanent residence (Green Card). It provides the maximum immigration rights and is normally the final stage or goal for most immigrants. We can provide information on the following issues on citizenship:
- Citizenship Application N-400
- Citizenship Test Reading and Writing Requirements
- Citizenship Package Naturalization Questions
- Dual Citizenship for Yourself of Your Children
- Certificate of Citizenship, Replacement or New
- Certificate of Naturalization
- Passport Application
U.S. Visas
A visa grants the holder the right to apply for entry into the United States. 
- B-1 Business Visa
- B-2 Tourist Visa
- C-1 Transit Visa
- F-1 Student Visa
- J-1 Exchange Visitor Visa
- H-1B Work Visa
- K-1 Fiancée/Fiancé Visa
- Tourist Visa Extension
Tourist Visas for Business or Pleasure B1/B2
Visitors traveling to the United States temporarily for business and pleasure, usually come as tourists or to visit family and friends. Others come for specific purposes, such as medical treatment, a conference, business meeting, or certain types of training.
Some tourists from certain countries, traveling for visitor visa purposes for 90 days or less, and who meet all the requirements, can travel to the United States for tourism or business under the Visa Waiver Program. Additionally, certain citizens of Canada and Bermuda do not need a visa to visit the U.S.
Many of these temporary visitors, traveling for the business and pleasure purposes explained above, need visitor visas to enter the United States. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. Please note: If you want to travel to the United States to study or to work, you will need a different kind of visa.
K1 Visas
For many American who have met their girlfriends during their holiday tour of Thailand or who have met online through various dating websites, the most confounding problem is what to do if you want to pursue your relationship in the US. The most common questions I get from prospective client are: How can I bring my Thai fiancee to the US to get married? Do I have to marry her in Thailand or can we marry in the US? What are the financial and procedural issues I’d have to substantiate to the US Embassy?
Read more about K1 Visas here.
Visa Denials 214(b) and 221(g)
Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…
To qualify for a non-immigrant Tourist Visa or Student Visa, an applicant must meet certain requirements, particularly that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant, that’s YOU.
Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents, and consulate officers only spend a minimal amount of time reviewing the file before the interview, and in some instances, none at all.
Read more about Visa Denials here.
Cathy Tran Reck, Esq.
Cathy Tran Reck, USA Attorney in Bangkok, Thailand
Cathy Tran Reck is the managing director of CTR & ASSOCIATES. She is fluent in English and Vietnamese, certified to practice law under the California State Bar, and an active member of the American Immigration Lawyers Association. We combine distinct legal and cultural experiences to serve our clients with the utmost professionalism.
Qualifications
J.D. Santa Clara University, California (2002)
M.A. Sacramento State University, California (1998)
B.A. University of California, Davis, California (1995)
Member of Phi Beta Delta Omicron Chapter
Member of American Immigration Lawyers Association
Member of California State Bar
Member of the American Bar Association
Kinh Le, Attorney in Vietnam
Kinh Le, Vietnam Attorney
Kinh Le is the Managing Director at L&N Law Offices based in Ho Chi Minh City and Hanoi, Vietnam. Mr. Le has extensive civil litigation experience in Labor Dispute, Arbitration, Business Transactions, International Business Law, Family & Matrimonial Law, and Finance Law. L&N Consulting provides of counsel services to our international clients with demands for international business law and transactions.
