Ok so this may not be for all who read my blog, but a lot of you live in Mexico with your spouse who is waiting out a ban. So this is for you and me. It is possible for our spouses to get a tourist visa to visit the States with us when we go. Here is the information:
CAN I VISIT THE UNITED STATES? You may want to visit the U.S. on a temporary basis with a non-immigrant visa. Examples of non-immigrant visas include tourist visas, student visas, and certain types of work visas. The same inadmissibility grounds apply when you’re requesting a non-immigrant visa, but most inadmissibility grounds can be waived for a non-immigrant visa even if they cannot be waived for an immigrant visa.
To get a non-immigrant visa, you will need to do two things: 1) prove that you intend to return to your country of residence,waiver of inadmissibility. 3 and 2) obtain a 3 Certain types of visas that are technically "non-immigrant visas" can be granted to individuals who may also have immigrant intent (meaning the desire to immigrate permanently in the United States). These include the H, L, O, and P visa which are different types of visas for temporary workers. Each of these visas has different eligibility requirements. You can learn more about the different types of visas for temporary workers here: http://travel.state.gov/visa/temp/types/types_1275.html. If you qualify for one of these visas, you will not need to prove that you intend to return to your country of residence, but you will still need a waiver of inadmissibility if you are inadmissible.
If you have been deported in the past, you need to follow these steps even if you live in a country where people are usually allowed to visit the U.S. without a visa. [A] PROVING THAT YOU INTEND ON RETURNING TO YOUR COUNTRY When you apply for a non-immigrant visa, you will be asked to attend an interview at a U.S. embassy or consulate in your country. At the interview, you must convince the officer that you are going to return to your country within the time limit you are given. This is called having non-immigrant intent. Demonstrating non-immigrant intent can be very difficult if you lived in the U.S. for many years, if you previously violated immigration laws, or if you have close family members (such as a spouse or young children) who are still in the U.S. ~ 17 ~
If you cannot convince the officer that you intend to return to your country, your visa application will be denied, and the decision cannot be appealed. You can, however, try again in the future.
You can show non-immigrant intent by showing that you have strong ties to your current country of residence. In most cases, it is easier to prove this if you have lived outside of the U.S. for a long time after your deportation.
Examples of ties to current place of residence include: • Job;
• Owning a house, business, or other property;
• Bank account;
• Community ties;
• Family members who live with you and/or depend on you in your country of residence. [B] WAIVER OF INADMISSIBILITY Only if you convince the consular officer that you will return to your country will the officer look to see whether you are otherwise eligible for a visa. If the consular officer determines you are inadmissible, he will then consider you for a waiver of inadmissibility for non-immigrants, also called a 212(d)(3) waiver.
Almost every ground of inadmissibility (except for grounds related to terrorism and national security) can be waived when applying for a non-immigrant visa. This includes inadmissibility based on a removal order, criminal convictions (including an aggravated felony), unlawful presence, and grounds of inadmissibility that cannot be waived when applying for immigrant visas (such as false claims to U.S. citizenship and certain criminal grounds that cannot be waived for immigrant visas).
The office reviewing your request for a waiver will look at the following factors:
• Your reasons for wanting to visit the U.S.
• The risk of harm to the U.S. if you are allowed to visit
• The seriousness of your prior violations of criminal or immigration law
You do not need to show extreme hardship. In fact, such hardship might actually work against you. For example, if the consular officer thinks that there are family members in the U.S. who cannot survive without you, your application may be rejected because the officer believes you intend to remain in the U.S.