How Hard Is It To Get a Tourist Visa to the USA From the Philippines?
- 1 A Typical Reader Story
- 2 OK, let’s take our reader’s story apart here and see what we can learn.
- 3 Common Reasons For Denial
- 4 The Holy Grail Of The Visa Decision Process
- 5 Here is my take on the most significant factors that we think are used in the evaluation process:
- 6 Family Obligation
- 7 Family in the USA
- 8 Employment Status & Verifiable Income
- 9 Property & Asset Ownership
- 10 Visit Duration
- 11 Travel History
- 12 Means to Pay for Trip
- 13 Community Involvement
- 14 Previous B1/B2 Visas
- 15 Purpose of Travel
- 16 What Chance Does a Filipina really Have, Anyway?
- 17 How To Figure Your Own Chances.
(Updated 12 July 2019)
Here’s a typical comment that gets posted here at PhilFAQS, where you can learn how to move to and profit in the Philippines. Over the past 15 years, I have heard and seen so many stories like this that it makes me sad.
There’s nothing I can do except to try to clarify the way the US laws are written and how they seem to be applied to Filipinos applying for visitor visas (tourist visas) to the USA.
Disclaimer: Remember that I am not a lawyer and I have no connection with the US Embassy or any other agency or company involved in granting or denying US tourist visas. These are my own personal opinions and are not legal advice. If you need legal advice, please consult an attorney.
A Typical Reader Story
Names and some details changed to protect the reader’s privacy:
Can anyone please enlighten me on this one. I am a Filipina and I’ve been working abroad for 9 years.
I applied for a US Tourist Visa sometime in 2012 and got denied which I fully understand why. I was new with my job.
I was not able to demonstrate my strong ties with family, work etc.
Then I met my boyfriend who is a professional employed by the US government. He has now returned to the USA.
We decided that I have to visit him first while we are working on our plans until my marriage annulment is over this year.
So I applied for a Tourist Visa last May and got denied.
I then filed another application and got interviewed earlier and again got denied.
I would appreciate if somebody could give me some advice on what I need to do to get a visa.
1. I have a permanent job with a construction company with a good salary. I joined this company in August of last year. So basically, I’m less than 1 year working with the company though I stayed for 8 years with my previous employer.
2. I have sufficient funds to cover my trip and stay.
3. I have traveled to 14 countries including several times to Australia and I just got my visa to Canada approved.
Does telling the immigration officer about visiting my boyfriend help or would it do more damage?
OK, let’s take our reader’s story apart here and see what we can learn.
The first thing which disturbs me is the fact she has applied three times for a US Tourist Visa three times and has been turned down three times.
When an applicant is denied a visa the US State Department says this:
… If denied a visa, in most cases the applicant is notified of the section of law which applies … (see Visa Denials here) …
If I have heard this story once, I have heard it a thousand times. Visa denied with no explanation. I’m mystified.
Does no one ever get a written notice of their denial and the section of the law (US Immigration and Naturalization Act — INA) which applies?
Common Reasons For Denial
Here are some examples of visa ineligibilities, with INA references, which are explained further below.
The visa applicant:
- Did not fully complete the visa application and/or provide all required supporting documentation – INA section 221(g)
- Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant – INA section 214(b)
- Was convicted of a crime involving moral turpitude – INA section 212(a)(2)(A)(i)(I)
- Was convicted of a drug violation – INA section 212(a)(2)(A)(i)(II)
- Has two or more criminal convictions for which the total sentence of confinement was 5 years or more – INA section 212(a)(2)(B)
- Did not demonstrate proof of adequate financial support in the United States; therefore denied under public charge – INA section 212(a)(4)
- Misrepresented a material fact or committed fraud to attempt to receive a visa – INA section 212(a)(6)(C)(i)
- Previously remained longer than authorized in the United States – INA section 212(a)(9)(B)(i)
For a complete list of all visa ineligibilities contained in the Immigration and Nationality Act, see Ineligibilities and Waivers: Laws.
By far the most common reason for denial of Philippine citizens, especially young, marriage-eligible Filipinas is INA section 214(b) … They can not overcome the presumption of being an intending immigrant.
In more common language, this means the Consular Officer suspects the applicant intends to use the B2 Toursust Vosa as a means to legally enter the USA and then has no further intention of leaving the USA.
In other words, “Going TnT” (slang for “hiding and hiding”, living as an illegal in the USA, or marrying a US citizen and then applying for a change of status to a Legal Permanent Resident based upon that marriage.
The Holy Grail Of The Visa Decision Process
Convincing intentions of returning to the Philippines at the end of their authorized US stay. This is basically the most important criterion in the decision process.
It is also the most difficult to show convincing proof of.
Here is my take on the most significant factors that we think are used in the evaluation process:
If you are single without dependents or have kids that don’t live with you, and you want to travel to the US, the officer may think you don’t have enough reason to return to your country.
I think, personally, that this is one of the most important “go/no go” factors.
However, if you have kids or dependent family members in your country, especially those with a disability who rely on you as a caretaker, that is a great sign of strong ties.
Obviously, these are factors the applicant has no control over. Everyone’s family situation is different, and your s is what it is.
Family in the USA
If you have family in the USA, this could be a sign that you have a reason to stay in the US and will work against you. No matter how honest you are and how firm you are in your personal desire to t=return to the Philippines before your trip, a relative in the USA who invites you to overstay with them may destroy all your good intentions.
This is the situation for a great many of my readers who seek help here. Going to the USA to briefly meet a boyfriend and then returning to the Philippines is a plan that just isn’t going to fly in the majority of cases.
Employment Status & Verifiable Income
Being unemployed, or employed for a short period of time at the same job may hurt your case.
Having a longstanding career in your home country, and working for the same company for more than five years may help your case.
Again, not much the applicant can do to change this in a short period of time … it is what it is.
Property & Asset Ownership
Owing assets and especially property or businesses in your home country are a great sign of strong ties.
One thing I should mention here is a frequeb]ntly expressed the idea that the applicant should have money in the bank.
There is no specific requirement regarding this and applicants should not go through schemes to acquire “show money” strictly for the visa application process.
Besides, the Consular Officers are not stupid, they have seen most of these schemes before.
My advice? Stay away from it.
If you request to stay in the United States for a very long period of time in your application, it may be a red flag that you intend to figure out a way to simply immigrate.
If you request a more realistic time span, that is specific to the purpose of your trip, this is a point in your favor.
For example, if you are traveling to a 5-day conference, requesting a trip for 3 months may certainly hurt your chances. Don’t be vague and don’t ask for obviously unreasonable lengths of stay.se
If you’ve traveled to other countries before, especially first-world countries and did not overstay your visa and returned to your country, this is a sign that you are trustworthy to follow the visa process.
If you have traveled to a first-world country with strict immigration policies and didn’t overstay your visa, this goes a long way to prove you are trustworthy.
Means to Pay for Trip
If you have no means to pay for the trip and are relying on a friend or family member to pay, this could go against your chances.
If you have the means to pay yourself or if your company is paying for the trip, this signals that you won’t be influenced to stay illegally and get work in the USA.
If you are heavily involved in your community, especially in a way that an organization would suffer if you didn’t return, this could help signal a strong tie.
If you are a full-time college student enrolled in your country, this is good evidence you have an intention to return.
Previous B1/B2 Visas
Of course, if you’ve been previously approved for a B1/B2 visa and entered the US, and returned to your country in a timely manner, this works in your favor.
However, if you previously overstayed, your odds are greatly diminished.
Purpose of Travel
The more specific and precise your purpose of travel is the better your case for travel.
If you simply state a vague purpose like “tourism”, you’re not very convincing.
If you are attending a specific conference in your profession or attending a wedding, or an event like a concert or important sporting event, or anything else that shows a convincing reason to be in a specific place at a specific time, this builds a better case.
One thing to be especially cautious about is this … if you give a specific reason for your US visit, know, by heart, the dates and ties of the event.
Saying you are going to attend a relatives wedding when that relative is not even getting married is a bad idea.
Even if your visa is granted, when you get to the US Port of Entry the CBP (Customs and Border Patrol) officer may very well call the relative to confirm the date and time of the wedding.
Trust me, this has happened, and if you were granted the visa based on a lie, you may be getting turned right around at the US Port of Entry and being sent back to the Philippines.
What Chance Does a Filipina really Have, Anyway?
Well the US Stae Department publishes the rejection rate for tourist visa applicants. For the Philippines, about 29% of applicants are denied. Which of course, means, more than 70% of applicants are approved.
From what you read on blogs and forums about the visa process, you might think hardly anyone gets approved, while, in fact. 7 out of 10 get approved.
How To Figure Your Own Chances.
My friends at rapidvisa.com have put together a handy tool which will give you an “educated guess” on your chances of tourist visa approval.
It’s free and it takes only a few minutes to give you an expert opinion on your chances.
More on this subject in my article:
Now, do you have a better understanding of How Hard Is It To Get a Tourist Visa to the USA From the Philippines?