What can my cousin do to get back a visitor visa?

Good Afternoon Mrs. Huntington,

I hope this email finds you well. I am desperately seeking guidance on how to navigate next steps for my cousin's B1 visa that was recently denied. She overstayed five months due to her mother’s passing in the Bahamas. We were trying to figure things through, but ensured that she went back before the six months in good faith hoping it would have been renewed. 

She is the only one left there and I am in complete distress. Her stepfather has abandoned her and she has complete instability. We are desperately seeking how we can appeal or figure out getting her back. Looking forward to hearing from you.

CB

Dear CB:

I am sorry to learn that your cousin is experiencing such great instability. I am not sure from your email if you mean that your cousin left before her six-month stay expired, or if she overstayed the six-month stay by five months.

If it is that she stayed five of the six months that she was granted, returned home and filed to renew her visa – that can lead to a presumption that she was working in the United States. It is not customary in the American society that a person can live for five months in another country and not be employed – unless they are independently wealthy or have passive income. Although we know that in the Jamaican culture, there are people who are supported by family members or are in a position where they can take on seasonal or occasional work or not be employed for months at a time. This difference in cultures can factor negatively in immigration behavior and decisions It is never a good idea to overstay the period of stay issued to an immigrant upon arrival at the border with a non-immigrant visa. Most visitors are granted six months to remain in the United

States and that is done for convenience – because the process of extending your stay takes several months. If you are visiting, the moment you realise that you need to remain in the United States for longer than the period granted upon entry, e.g. six months; you must immediately file a request for an extension with evidence as to why you need to extend your stay.

An applicant for a non-immigrant visa must convince a consular officer that they have enough ties to their home country to which they will return. That is, they will visit for the purpose indicated and return home. If granted multiple entries, that on each one of those entries they will visit and not abuse the privilege of their visitor’s visa. While there is a mandatory bar of three years for anyone who overstays by six months to a year, and ten years to persons who overstay by a year or more; overstaying by periods under six months can very well lead to the cancellation or non-renewal of a person’s visitor’s visa.

Although your cousin and your family are in distress over her conditions in Jamaica, that is not grounds for her visa to be renewed. The family should seek legitimate pathways for her to visit, attend school or migrate; or seek alternative living arrangements for her in the meantime.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and Family, Criminal & International law in Florida. She is a Mediator and Former Special Magistrate & Hearing Officer in Broward County, Florida. [email protected]