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If you decide to immigrate with a B1, you generally have to return home first and apply for an immigrant visa, unless you fall into a category whereby you can i
by Spoom 12y ago
If you decide to immigrate with a B1, you generally have to return home first and apply for an immigrant visa, unless you fall into a category whereby you can immediately file for an Adjustment of Status (which is almost certain to cause red flags to go up at USCIS).
There are certain visa classes that are considered "dual-intent"[1], meaning that you can have the intent to immigrate while obtaining a formally non-immigrant visa. One such visa is the K-1 fiance(e) visa, which allows one to enter the United States for the purpose of marrying one's US Citizen fiance(e) within 90 days and subsequently applying for an Adjustment of Status (i.e. green card). The B class is not one of these, so you need to overcome the immigration / CBP officer's presumption that you intent to immigrate[2].
OP: Note that you are free to reapply for the visa; make sure you read the instructions on the form and fulfill the evidence requirements as much as possible.
1. http://en.wikipedia.org/wiki/Dual_intent http://en.wikipedia.org/wiki/Dual_intent
2. http://en.wikipedia.org/wiki/B_visa#Requirement_to_overcome_presumption_of_intending_immigrant http://en.wikipedia.org/wiki/B_visa#Requirement_to_overcome_...
- zura 12y agoI was asking about the concern of immigration officer - why should they have this presumption if you're, say, an experienced software engineer or similarly high skilled educated professional. Nobody with these skillset are going to stay somewhere illegally and work [without permit] in "dirty"/heavy job space.
- Someone1234 12y agoA software engineer could trivially illegally migrate to the US and then make money via their trade (e.g. freelance development work, app sales, pretty much anything online, telecommuting abroad). You're right in the sense that it would be hard to get a normal 9-5 job without a visa/SSN but you're dismissing a huge number of alternative routes to income which wouldn't even depend on the person's physically being in the US (e.g. open a Google Developer account as if you were still in your home country, pay taxes there, but do it all from the US). Plus your assumption that developers are "above" working in blue collar jobs is flawed. There are tons of fully certified Indian doctors working blue collar jobs abroad right now, developers are no better.
- zura 12y agoOK, refusing a visa because of your last sentences makes sense - i.e. to prevent you from "stealing" blue collar jobs from US citizens. But in your first sentences, you describe quite self-sufficient/sustained person - who "steals" nothing from US people. He/she even contributes to US economy by living there - paying rent, eating food, etc... plus not using US social system. So why such person is not welcome then?
- Someone1234 12y agoI wasn't responding in order to clarify "why" the visa system is the way it is. I was simply pointing out that your assumption that "no developer would ever illegally migrate because they couldn't get a job once in the destination country" argument is flawed. The way the current US visa system is structured self-sustainability isn't really their primary motivator, the primary motivator seems closer to "just keep everyone out UNLESS they provide enough value to US society as a whole" (e.g. people with high sought after skills or qualifications).