Entered as a minor and overstayed - Experiencing Visa Denials

[ash_designing 0]

Hi Everybody, 

 

I wish somebody can give me some sort of direction. I am very desperate for help.

 

I entered the US as a minor back in 1995 and left the country voluntarily after graduated from HS when I turned 18 in 2003. I am currently living in the Philippines and have also traveled extensively. I own my business and travel constantly around Asia for coffee conventions, visiting farmers, etc. I recently bought my own lot to build a home and a small roastery and I also own a car. 

 

When I graduated from culinary school in 2013 I applied for a J1 visa and got denied. They put my visa application on hold first and then invited me back to the embassy only to have me denied because I had completed my school and did not have solid ties back to come to the US. 

 

Eventually I completed my on-the-job training and travelled until I opened my own cafe in 2016.

 

Aside from my business, I also freelancer as a consultant in a company in California that is not related to coffee at all. I have been working with them since 2014. I was recently invited by them to attend a convention in California and was advised to apply as a B1. They will shoulder all my expenses and lodging.  Earlier this month, I applied for the visa and was denied because the consul stated that I was not eligible. She didn't explain further. I managed to ask if it was due to my ban, she said no that has been lifted since 2013.

 

I am worried that I will never allowed in the US and there is an upcoming coffee event coming up in Portland in 2020 that I have been wanting to attend. I have no desire to live in the US and I am very happy with my cafe. I just want to have the freedom to travel to the US for conferences and taking classes to improve my coffee knowledge.

 

I have no idea if I need a waiver or I am being tested because of my past.

 

Thank you for any advice or guidance on this matter.

 

[milimelo 4,539]

They won’t change their decision. You’ll just have to visit other countries. 

[ash_designing 0]

Thank you for your response.

 

My question now is - Will I ever get to travel to the US because of my past? Or will I always face rejections? Is there anything else that I can do or provide as a document? 

 

I had no control over what was happening and when I turned 18, I left the country voluntarily and have not broken any laws. 

[Going through 5,671]

How many ties do you have to the US?  You entered as a minor and left voluntarily at age 18....but what about your siblings/parents?  Did they remain in the US?

 

How many ties do you have to your home country?  A car isn't a tie---that can easily be sold. Same with the piece of land you purchased.  Working as a freelancer and "extensively travelling" elsewhere does more to hurt your application as it can appear to the CO that your ties to the  Philippines must not be as strong if you are able to travel constantly outside of there.

 

4 hours ago, ash_designing said:

I have no idea if I need a waiver or I am being tested because of my past.

 

No waiver needed in  your case.  It likely is that your ties to the US are stronger than your ties to the home country (especially if your family remained in the US).

[Boiler 45,913]

Nothing you mention requires a waiver.

[ash_designing 0]

Quote

How many ties do you have to the US?  You entered as a minor and left voluntarily at age 18....but what about your siblings/parents?  Did they remain in the US?

 

When returned back to the Philippines my brother and my mom were with me. My dad was no longer in the US. My grandma lives in the US because she receives treatment there for her kidneys. None of my immediate family members are currently present in the US either.

 

Quote

Working as a freelancer and "extensively travelling" elsewhere does more to hurt your application as it can appear to the CO that your ties to the  Philippines must not be as strong if you are able to travel constantly outside of there.

 

I travel more than 3-4 times a year and it is mostly coffee related because of my cafe. Seminars and Conferences help me and my business partner tremendously when it comes to our cafe.  I mostly freelance for this company for extra income to supplement my own needs without having to be fully dependent on the profits of my cafe.

 

I also noticed during my last interview - the consul consistently mentioned my education background and asked me about my cafe but not much about my freelancing and the company profile. And her last words to me where, unfortunately at this time you have been denied because you do not meet the qualifications of this visa. 

 

I am just very worried with my future and upsets me that the decision that I had no control over in the past affects my present. These are the only ties I have - my home, business, car, and my long-time partner if that even counts. 

 

Thank you all for your continuous help

[carmel34 3,650]

Sounds like you just need to focus on strengthening your ties to your home country.  Build the home on the lot you purchased, keep growing your business, be successful, all those things and give it some time.  Keep traveling to other countries as you have been doing to show that you always go back after a temporary visit.  Then apply again for a B-1 or B-2 to visit the US in a year or two and hope for the best.  Good luck!

[SusieQQQ 11,587]

I don’t actually think the overstay as a minor is the issue. It’s the lack of current ties to home imo. I agree it seems you have the kind of business that can apparently be run quite hands-off if you are away so much. 

 

Probably irrelevant but I know a couple of coffee shop/cafe owners in the US and elsewhere and other than one attending local franchise stuff, so maybe different business model to you, never known them to travel for work. 

[geowrian 22,338]

I doubt the overstay is so much of an issue. Your circumstances as a whole just aren't good for getting a tourist visa.

It does not mean you won't ever get a US visa. It means at this time, you don't qualify for one that has to overcome immigrant intent.