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C1/D visa after 10 year ban

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  • C1/D visa after 10 year ban

    Hello,

    I entered US with B1/B2 visa at 1998, left at 2000, overstayed my visa and had 10 years ban. Now I received a job offer from a cruise line company. Is it possible that I can get a C1/D visa ?

    Thanks in advance for answers

  • #2
    It is possible, you are not statutorily inadmissible

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    • #3
      Originally posted by inadmissible View Post
      It is possible, you are not statutorily inadmissible
      Thank you inadmissible. And what do you think my chances are ? In this kind of cases, do US embassies mostly reject or grant the visa ?

      Comment


      • #4
        The consular officer has the discretion to issue or not issue a visa to an applicant who is statutorily eligible for the visa. Consular officers are required to deny visas to applicants who are statutorily ineligible. Despite your immigration history I think your chances of getting a C/D visa is fair, because you are statutorily eligible.

        For some point of reference, I consider the chances of you getting a B/F tourist or student visa to be close to zero. B/F visas require applicants to overcome the presumption of immigrant intent. Someone with your history of immigration violations and weak ties to your home abroad would face difficulty in overcoming this presumption. This requirement of non-immigrant intent is requirement of the statute authorizing B and F visas

        On the hand, statute authorizing work visas like H and L explicitly state that there is no requirement that the applicant demonstrate non-immigrant intent. The statute authorizing C/D (and many others) are silent on this requirement. The consular officer should not take the risk of your immigrant intent into account when issuing your visa. This is one area in which Department of State training falls short, and I can not speak to what the consular officer will take into account

        Best of luck

        Comment


        • #5
          Originally posted by inadmissible View Post
          The consular officer has the discretion to issue or not issue a visa to an applicant who is statutorily eligible for the visa. Consular officers are required to deny visas to applicants who are statutorily ineligible. Despite your immigration history I think your chances of getting a C/D visa is fair, because you are statutorily eligible.

          For some point of reference, I consider the chances of you getting a B/F tourist or student visa to be close to zero. B/F visas require applicants to overcome the presumption of immigrant intent. Someone with your history of immigration violations and weak ties to your home abroad would face difficulty in overcoming this presumption. This requirement of non-immigrant intent is requirement of the statute authorizing B and F visas

          On the hand, statute authorizing work visas like H and L explicitly state that there is no requirement that the applicant demonstrate non-immigrant intent. The statute authorizing C/D (and many others) are silent on this requirement. The consular officer should not take the risk of your immigrant intent into account when issuing your visa. This is one area in which Department of State training falls short, and I can not speak to what the consular officer will take into account

          Best of luck
          Inadmissible does the same apply to people from a Visa Waiver Program country too? That their immigrant intent be taken into account for a tourist or student visa?

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          • #6
            VWP tourist (B-2), business (B-1), and students (F or J) visas all require that the applicant overcome the presumption of immigrant intent

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