Is it legal to deny somebody their US Visa based on travel experience?
A friend of mine was just denied her Visa to the US based on two reasons:
1. She does not make enough money.
2. She does not have enough travel experience.
Now, I have searched all over various web pages, including pages with the most accurate information, such as, the US Department of State website, the US Embassy of (her country), and USCIS. I have looked through just about every policy, and still, I found nothing that grants a US consular the power to deny somebody based on their lack of travel experience, especially when the prime objective is to prove strong ties to YOUR country.
As for the denial based on her salary, that is a reasonable excuse. Basically, anybody who the consular deems does not make enough could be subject to a public charge if they come here. The easiest way to counter that would be to write a letter to the Attorney General informing him that you would fund their trip.
Anyway, I know that many people have been denied in her country due to their lack of travel experience. What I need to know is if anybody else can find some merit to that; some proof that it is a legit reason to deny somebody their Visa based on that.
From my personal perspective, even if somebody CAN prove to me that travel experience is a valid reason for rejecting somebody’s Visa, I still find that reasoning to be unjust. If every country had a policy like that, nobody would ever be allowed to travel anywhere. It is the equivilent to applying for your first job only to be denied because you do not have work experience.
Anyway, any help on this matter would be greatly appreciated. Thank you for your time and feel free to comment on this matter if you’d like. Thank you.
George, I see your point, but still… How are you suppose to gain that sort of travel experience if one of those countries you mentioned had the same issue regarding a “lack” of travel experience? People would never be allowed to travel anywhere.
Besides the point, wasn’t America built by immigrants? Correct me if I am wrong. We had settlements from multiple European countries upon this land. Now, we have managed to become so overprotective of our own boundaries that good people, who just want to VISIT the US are denied on the account of a few bad apples. Then again, that has become the American way. One person messes up, then every single American wants vengence! Retribution! Blood! For crying out loud! It is no wonder so many other countries dislike US these days. Besides, if you are intent on IMMIGRATING, they have Visa’s that you can apply for to do just that. Why should we hold others in a state of “guilty until proven innocent” when we are “innocent until proven guilty?”
Not travel experience, but lack of travel experience. A person who has previously travelled, and returned of course, to and from a Western country, Europe, Canada, Australia, has more of a track record than someone who hasn’t. Someone who has shown that their ties to their home country were strong enough to bring them back from London, or Vancouver. Someone of no particular means, who has never travelled anywhere, now suddenly wants to go visit the US?. Why, to visit Disney World, or maybe to go meet their on-line boyfriend, never to return? And people who have no work experience are denied jobs every day of the week.
Edit: actually, guilty until proven innocent is the legal standard for tourist visas. Under US immigration law all tourist visa applicants are considered intending immigrants and it’s up to them to prove they’re not. By the way, that’s no joke, it’s the actual case. Considering we are a country of immigrants, it shouldn’t come as much of a surprise that we suspect everyone else is, too. Tourist visa applicants have to prove “to the satisfaction of the interviewing officer” that they have sufficiently strong ties that will compel them to return after a short stay. And, yes, it can be very difficult for a young single woman, who’s never travelled before and doesn’t have a strong career path yet, to prove to anyone’s satisfaction that she will return, particularly if she’s never travelled out of Manila before, or Fujian for that matter. It wouldn’t be just a few bad apples, it would be thousands of them. You don’t have to accept it, but it’s still true.
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