Ask the Consul

Q: Why are some people ineligible to enter the United States?

There are many reasons someone might become ineligible to enter the United States. For example, people who have broken the law in Guyana or another country may be ineligible for a visa or admission to the United States. This includes people who have tried to enter the U.S. illegally (‘backtracking’). Applicants who have committed fraud in an attempt to get a visa or who have assisted other people in committing fraud may also be ineligible. Those applicants who are ineligible are informed in writing at the time of the interview. In certain cases a waiver of ineligibility may be available.

Q: Why are some people refused a visitor’s visa?

For non-immigrant visas, the most common reason for refusal is when applicants cannot convincingly demonstrate that they will return to Guyana after their travel. A qualified applicant must demonstrate strong ties to Guyana, such as sufficient financial resources, employment and family and community ties. Simply put, applicants must satisfy the consular officer that they intend to visit the U.S., that their intended activities in the U.S. are lawful, and that they intend to return home after a short visit. One way to do this is for applicants to show they have a life in Guyana that they will not abandon.

Q: If I am refused, can I apply again?

Yes. Applicants who have been refused because they do not have strong ties to Guyana may apply again at any time. However, applicants who apply very soon after a refusal will be asked what has changed socially, economically or personally since the previous application. If an applicant’s situation is essentially the same, they will most likely still not be eligible for a visa. Applicants should not apply again until there has been a significant change. Applicants who are permanently ineligible for a visa, and for whom there is no waiver available to enter the U.S., should not apply again.

Q: Can I appeal my case or ask for a review?

No. The decision of the Consular officer to issue or deny a visitor’s visa cannot be appealed; however, all decisions are reviewed by a supervisor at the end of the day.

Q: Can I come back if I am missing documents?

Documentation to support an applicant’s claims is important. Please remember each applicant is responsible for presenting all relevant information at the time of the interview. If an applicant is refused, and thinks important information was not presented during the interview, the applicant may apply again. Only in very specific circumstances can an applicant return to the Embassy to present missing documentation without obtaining a new appointment. For example, if an applicant is required to obtain a new passport before visa issuance, he or she may do so and return to the Embassy without paying the fees for a new appointment.

Q: I brought my birth certificate, letter of invitation, a deed poll, my transport and car title to my non-immigrant visa interview, but the officer did not ask to see them. Why didn’t the officer look at my documents?

Applicants should not worry if the interviewing officer does not ask to see their documents. Many applicants bring documents from the United States such as letters of invitation and affidavits of support. Generally speaking, these documents do not help to prove one’s ties to Guyana. If the interviewing officer needs to see an applicant’s civil, personal or business documents, the officer will ask for them.

“Ask the Consul” is a weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions each week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ask_con.html. For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.

Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state. gov or call 225-7965 between 8 am- 12 pm and 1 pm- 4 pm Monday through Friday) if you have questions about a specific case.