5 myths about a tourist visa to the United States: lawyer explained what actually influences the consul’s decision

There are many common myths surrounding obtaining a B1/B2 tourist visa to the United States, which applicants often perceive as mandatory rules—from the need for official employment to having a large amount of money in a bank account. However, a consular officer's decision never comes down to a single factor—the applicant's overall profile is assessed: the purpose of the trip, social and economic ties, immigration history, and the consistency of the entire narrative. Valeriia Nahorna, a visa lawyer at "LOGIC" Law Firm LLC, told UNN about this.

Myth one—without official employment, you will not be granted a visa

The lawyer explained that official employment may be an advantage, but it is not a decisive factor—it is much more important for the applicant to be able to clearly and consistently explain their professional activities and sources of income during the interview.

"In practice, we had a case involving a young applicant who did not have official employment and whose purpose of travel was to meet a childhood friend in the United States. At first glance, this situation could have involved several risk factors at once. However, after analyzing his circumstances, we developed a consistent position for the applicant and separately worked on his interview preparation. 

The interview took place in Krakow, and the applicant received a visa. This case clearly demonstrates that the absence of a single "ideal" criterion does not automatically mean a refusal. What matters is how the applicant's entire profile looks as a whole and how all of this is presented during the interview," Nahorna notes.

Myth two—young, unmarried applicants are refused

According to Nahorna, U.S. law contains no rule under which a young or unmarried applicant automatically receives a refusal. Ties to the country of residence may be established not only through marriage or children, but also through employment, education, business, financial obligations, and the social environment.

Myth three—applying as an entire family represents a high immigration risk

The lawyer described a case involving a family with two children that was planning a joint trip to New York during the Christmas holidays.

"At LOGIC, we assisted a family with two children in which both parents and the children planned to travel together to New York during the Christmas holidays. In such a situation, the potential immigration risk was obvious: the entire family was traveling to the United States at the same time. That is why we analyzed in detail not only the purpose of the trip, but also the family's ties to Ukraine and to the country of their actual residence, their professional circumstances, the children's living situation, and the logic of their return after the trip. 

Preparing the entire family for the interview was a separate stage. It is important to answer the consul's questions calmly and confidently—you must clearly explain the purpose of the trip, the sources of funding, and confirm your intention to return after the trip. As a result, the family received tourist visas," Nahorna says.

Myth four—the more money in the account, the higher the chances

Financial capacity is important, but the figure in the account itself does not guarantee that a visa will be granted—the logic of the financial situation is more important, the lawyer noted. A large sum without a confirmed source of income does not strengthen the applicant's position.

Myth five—the main thing is to fill out the DS-160 form correctly

The lawyer called this one of the most dangerous myths, since the form does not exist separately from the interview, and the information must be consistent and correspond to the actual circumstances of the applicant's life.

"We always explain to clients: preparation for the interview is not a script that needs to be memorized. 

Our task is to identify the specific case's risk points in advance, understand what questions they may raise for the consular officer, and prepare the applicant so that they can clearly and consistently explain their real situation. Sometimes one careless answer creates a contradiction with the DS-160 and changes the perception of the entire case," Nahorna explains.

The lawyer concluded that there is no universal list of characteristics that guarantees obtaining a visa, and that official employment, income, real estate, or a family, by themselves, do not ensure a positive decision.

"In visa practice, there are almost never two completely identical cases. What may be a serious risk for one applicant may have an entirely different significance in another situation. Even applicants with official employment, a high income, and a good travel history may be refused if doubts arise about their intentions during the interview. At the same time, a properly analyzed refusal often makes it possible to significantly strengthen the case before reapplying. 

That is why visa experts begin their work not by filling out the DS-160, but by analyzing the person’s entire situation. It is necessary to understand the strengths and weaknesses of the case, potential immigration risks, and only then develop a submission strategy and prepare for the interview," Nahirna concludes.