A decision on a US tourist or student visa largely depends on the officer and how they interpret a particular case, so there are no turnkey guarantees. For EB immigrant categories, the main criterion is the public charge rule, and interview preparation must focus on it thoroughly. Tourist and student visas, by observation, have become less predictable lately, while O1 visas are more often delayed by administrative processing, though no refusals have occurred under this category.

Tourist and Student Visas: It Depends on the Case

For tourist and student visas, based on the described observations, the picture varies widely. Refusals happen without a clear reason. In one described case, applicants from the same city applied with ties to their country of permanent residence, where family remained, and were denied. In another, a young couple with no children and no ties to their country were approved. In a third case, a student in Ankara who stated a low level of English and a wish to improve it for their profession was denied, while an applicant who said they wanted to see America was approved.

There are no identical formulas. How an officer interprets a criterion or document depends on that specific officer, including the human factor. So any promises of a guaranteed outcome should be viewed with skepticism. The right strategy is to apply for the category that actually matches the real purpose. Officers, as described, notice attempts to go through visa after visa to reach a desired status.

O1, L1 Visas and Dual Intent Categories

O1 and L1 visas are reviewed more straightforwardly. Over the past several years, in the described practice, there have been no refusals under O1. However, delays in decisions on O-category cases are increasing, and at a number of European consulates O1 applicants are increasingly being placed under administrative processing. One such check occurred recently in the described practice, with a prior one in May. At the same time, more than 90 cases are filed per year.

It’s not worth applying for O1 if there are no plans to use it to work in the US or to live there on an ongoing basis: officers can see this.

EB Immigrant Categories: The Public Charge Rule Is Key

For EB categories, meaning green cards, the process is different, and preparation must be thorough. The main rule is public charge, which took effect on September 18. It has been published in advance and is now applied very broadly.

At the interview, applicants are asked about finances and how likely they are to find work in the US. Health status and illnesses that affect the ability to work, the ability to support oneself, and whether current income covers one’s own needs and treatment, if the illness is curable, are all important.

Two points must be known by heart: why the applicant is talented for the chosen category and what documents prove they will not receive public benefits in the US. In addition, one must be ready for any questions about the case and the criteria that were claimed.

A line of people outside the US consulate building, sunny day, green area in front of the entrance

How to Prepare for Questions

The best way to prepare is to carefully study your own case, if it wasn’t prepared on your own, and go through the questions that could arise regarding the claimed criteria. There’s no way to predict with certainty which answer will satisfy an officer: no one knows exactly what they want to understand behind a particular question. Looking at answers that were given in real interviews can give a sense of common topics, but it doesn’t guarantee a result.