The Procedure for a Non-Immigrant Visa Application Described
embassy is not a secret, most people are not familiar with it, unless
they have personally been through the process or maybe heard about
someone's experience with the process.With some exceptions, U.S. law
requires every applicant to make a personal appearance for an
interview with a Consular Officer. If there are no national security
concerns, Consular Officers may waive the personal appearance
requirement for limited categories of applicants, including children
less than 14 years of age; persons over 79 years of age; officials of
foreign governments and international organizations; and, under
certain circumstances, travelers renewing recently expired visas. It's
best to review one's current situation and the current processing
guidelines of the nearest consular post.While oftentimes, a visit to
the Consulate or Embassy can take hours, largely due to waiting times
and security checks upon entry, a typical visa interview lasts just a
few minutes and often involves applicants trying to persuade the
consular officer that they have firm plans to return to their home
country after a visit to the United States, that they do not intend to
cause harm to the U.S. or its interests, and that they are otherwise
qualified for a visa. The interview is face-to-face although the
consular officer is behind a blast resistant window.
Before the interview:While the exact procedures can vary from Consular
Post to Consular Post around the world, essentially all of the following
points must be completed (maybe in a different order or sequence) by
foreigners wishing to visit the United States:1) submit a passport and a
passport-sized photo;
2) pay the nonrefundable application fee (MRV) and obtain a receipt;
3) obtain an appointment date and time;
4) gather any required and supporting documents; and
5) fill out the visa application form and other required forms.Getting to
the interview window:After the visa applicant arrives at the embassy or
consulate on the appointed day, local consular staffers check the
application, passport, photograph and any other documents submitted by the
alien. In addition, consular staffers also check that all required data
has been correctly entered into the computer system, and initiate a
computerized check against a database of foreign nationals who have been
denied or are ineligible to receive visas, or for whom other derogatory
information is known. Consular employees collect digital fingerprints that
are also checked against databases for derogatory information. The
passport information is also checked against databases to determine if the
passport has been reported lost or stolen.By the time the visa applicant
appears in front of the consular officer for his visa interview, the
consular officer will have the applicant's name check results and other
data on a nearby computer screen. Consular officers, also called consuls
and vice-consuls, conduct the interview, usually in the language of the
foreign country.Visa denials and ineligibilities:The most common reason
for a consular officer to refuse a visa to a non-immigrant visa applicant
is Section 214(b) of the Immigration and Nationality Act. This section of
the law requires applicants to convince the consular officer that the
purpose of their trip is permissible under U.S. visa regulations and that
they are true non-immigrants with the intention to return home after a
temporary visit to the United States.
Other reasons for denying a visa application include staying longer than
permitted during a previous visit to the United States, providing false
information to visa or immigration officers, assisting other persons to
violate U.S. immigration laws, convictions for certain criminal offenses,
or having a communicable disease of public health significance. Except in
very rare circumstances defined in regulations, consular officers always
provide verbal and written notice and explanation identifying the section
of U.S. law under which their application was refused.Getting the visa to
the applicant:Depending on the procedures in effect at the embassy or
consulate, Applicants who succeed in qualifying for a visa may be asked to
return in order to pick up their passport with the U.S. visa attached
inside, or they may pay a courier company, contracted by the embassy, for
home or office delivery of the passport.
Steven A. Culbreath, Esq. Immigration Lawyersaculbreathlaw@tampabay.rr
.com web: saculbreathlaw .com/blog/Immigration = Opportunities +
Possibilities. Let me show you how.Visit my website and blog. Contact
me for a consultation.
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