Month: January 2015

Joshua had travelled to the United States several times on a B1 business visa. He has been assigned by his company to service their client’s computer hardware in California. In one of his trips, the Custom and Border Protection (CBP) officer asked him about his activities. He mentioned that he was receiving income from their client, a U.S. company. At that moment he was put on secondary inspection and eventually sent back to the Philippines. Joshua was told to obtain the correct working visa before returning to the United States.

A B1 business visa is usually issued together with a B2 visitor visa. When applicant for a visa wants to enter the United States for pleasure, he will be authorized to enter as a B2 visitor. When traveling to the United States, CBP officer will ask the traveler about purpose of the visit and if the traveler’s response is to attend to a business meeting, he will be given a period of stay commensurate to the period of time required to complete the business activity. Unlike the visitor’s visa, the business visitor usually has shorter period of authorized stay.

Allowable Activities

The Department of State has issued guidance on what the limited activities are for the B1 visa holders. Keep in mind that business visa holders should not engage in any type of work no matter how short the time of employment is.

The allowable business activities include attending meetings or business events; being a speaker or a lecturer or attending training programs. Athletes or members of a sports team may enter on a B1 visa to compete with another U.S. sports team. . In all these enumerated activities, it must be clear that the B1 business visitor may not receive salary or compensation from any U.S. based business or organization.

Understanding the Nature of a Business Visa

In the case of Joshua, he was not put on expedited removal. What he was allowed to do by the CBP officer is for him to withdraw his application for admission and depart immediately from the United States. This may be referred to as “airport to airport” but with the withdrawal of admission there are no bars to re-entering the United States with the correct visa. The only difficulty with an individual who withdrew his application for admission is that this record of withdrawal will be listed as part of his record. When he applies for the appropriate working visa, the matter regarding the withdrawal will be revisited and may affect issuance of new visa. If the consular officer discovers there was a prior misrepresentation at the time of the application for business visa, there will likely be a denial of a future visa application. To avoid the trouble of a secondary inspection and eventually a withdrawal of admission at the port of entry, the B1 business visa holder must be aware of the nature of the business visa and be familiar with the prohibited work related activities.

(Atty. Lourdes SantosTancinco may be reached at law@tancinco.com or at 02 721 1963, tancinco.weareph.com/old or through facebook.com/tancincolaw)

A boilerplate letter is usually issued to an applicant who is refused a visitor visa. The most common one is the denial based on Section 214(b). What exactly is this 214(b) and how can one avoid getting this letter of refusal?

Lisa has been applying for a visitor’s visa for two years now and has been refused the visa each time she applies. In her last interview at the U.S. Embassy, she was asked about her sister, Emma, who entered the United States initially on a visitor visa and later adjusted to lawful permanent resident. Lisa explained that Emma met her husband while traveling temporarily in California, and decided to get married. They now have two children together. After providing an explanation, the consular officer handed Lisa another letter indicating a denial based on section 214(b). She is wondering if she can overcome the reason for the denial.

INA Section 214(b)

Section 214(b) is a provision of law found in the Immigration and Nationality Act and provides that a non-immigrant visa applicant is presumed to be an immigrant until he establishes to the satisfaction of the consular officer that he is eligible for the visa under section 101(a)(15)”. In the latter provision, it enumerates the different non-immigrant visas and their eligibility requirements. For the visitor visa to be issued, there must be proof of a residence which the applicant has no intention of abandoning and the purpose of the trip should be temporary in nature.

The burden of proving eligibility is always on the applicant. The burden is heavier on the part of the visa applicant, because there is already a presumption of immigrant intent until the applicant submits information that will overcome the presumption. The only opportunity allowed for the applicant to show proof of eligibility is through the DS-160 and during the interview process.

A properly filled DS-160 must be reviewed extensively before it is submitted. The purpose of the trip must be clearly written to indicate a legitimate purpose and temporary nature of travel to the United States. The applicant must also show sufficient funds to support himself during the temporary trip. During the interview, the applicant must convince the consular officer of the genuineness of his intentions. This is the critical part of the application process and a determining point on whether a 214(b) finding will be made. It is important that the applicant be conscious about his conduct and demeanor during the interview process. He should be careful in answering questions because a simple question may go to weighing the credibility and integrity of the applicant. Critical information about a relative may trigger a denial based on 214(b). This is what happened to Lisa. She may have been truthful in her intention but she was still denied. It was the information about her sister who overstayed and adjusted status that that affected her credibility.

It does not seem fair that the actions of Lisa’s sister are imputed to her. But the consular officers exercises broad discretionary power and there is consular non-reviewability. The best approach is for Lisa to re-apply again, addressing the concerns of the consular officer; build up her efforts in proving the genuineness of her intentions to travel. You can be stubbornly persistent as long as your intentions are legitimate.

(Atty. Lourdes Tancinco may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw or at 02-7211963)

Thousands of Filipinos living outside the Philippines are feeling the excitement and exhilaration of Pope Francis visiting the homeland. Several balikbayans flew back to the Philippines in time for the Pope’s visit to the Philippines to witness his arrival and join in prayers with him.

Not all of those who are desirous of seeing the Pope are able to travel to places where he is visiting. More so, what comes to mind are the several thousands of Filipinos who are willing but unable to travel because of the fact that they do not have the proper legal documents.

Families of Typhoon Haiyan

When Typhoon Haiyan hit the Philippines in November 2013, there were thousands of immigrants Filipinos whose families were affected and lost their homes. The immigrant Filipinos got together through various organizations or individually in extending assistance to victims of Typhoon Haiyan.

Last year, there was news that several of the donated items never reached the intended victims neither were some cash donations accounted for by recipients. Whether or not there is truth in this matter, the immigrant Filipinos were concerned about the welfare of the victims who may either be their friends or relatives. News of continuing sufferings, unaccounted funds and corruption of public officials agitated many immigrant families who sacrificed being separated from their loved ones to assist the homeland economically and somehow, alleviate poverty. On top of this, the requested Temporary Protected Status for Filipinos was considered by the U.S. Department of State but was never granted to Philippine nationals.

With the effect of the calamity and “man-made disasters” of corruption, as immigrant Filipinos, we could not help but agonize about the misfortunes of friends and families in the homeland. Then came the People’s Pope visiting the Philippines, bringing the message of mercy and compassion. His priorities are the victims of the Typhoon Haiyan and the poor. He also recognizes the hardworking Filipinos abroad who are sacrificing separation from loved ones to give better future to their families. Pope Francis’ visit brings to us the pastoral message of love and mercy that God has never forgotten those that continue to suffer. As an immigrant, this brings to us a spiritual message of hope that despite the pain, we have a God that will give us the grace to withstand all the challenges. Chito Desuasido, a long time Filipino immigrant, now a U.S. citizen in the San Francisco bay area, feels that with Pope Francis’ visit, there will be “lasting impact, an anchor to look back to regain strength to fight evils of exploitation and corruption in the Philippines.”

The Pope’s visit to the Philippines extended the message not just to Filipinos in the Philippines but to all Filipinos abroad who are facing challenges that we can all come together with renewed hope and that we are not alone in our struggles. As we begin the New Year, let us remember that through our unity as kababayans and our faith we can work together to overcome our adversities.

((Atty. Lourdes Santos Tancinco is an immigration attorney with the Tancinco Law Offices based in San Francisco, CA. She may be reached at 02-721-1963, law@tancinco.com, facebook.com/tancincolaw or at tancinco.weareph.com/old)