Frequently Asked Questions - Nonimmigrant Visas
Q: I have sent multiple inquiries, but have not yet gotten a response. Why?
A: Our hard-working Nonimmigrant Visa Unit receives thousands of inquiries every month. However, experience has shown some applicants call on the phone, send an e-mail and send a fax, all asking the same question or a variation of that question. Regrettably, we do not have a separate unit dedicated specifically to the hundreds of emails and faxes we receive every month; the staff who answer your inquiries are also responsible for processing the thousands of applications we receive every year. Thus, in order to serve applicants faster, we simply cannot continue to respond to general inquiries. In addition, we hope that this list of FAQs will further ease this burden. We will truly attempt to answer every legitimate question not covered by these FAQs, and do so as quickly as possible. Please also refer to the wealth of information available at: http://travel.state.gov
Q: Where can I get more information about Nonimmigrant Visas?
A: There is a wealth of information and responses to the most common questions available on the State Department website. Please see "Questions About Visas?" at: http://travel.state.gov/visa/questions/questions_1253.html
Q: Do I need a visa? What about the Visa Waiver Program?
A: Individuals bearing certain passports from certain countries may visit the United States without a visa. All the information on the Visa Waiver Program, who qualifies, Electronic System for Travel Authorization (ESTA) requirements and more is available at: http://travel.state.gov/visa/temp/without/without_1990.html
Q: I was told my case needed administrative processing? Is it done?
A: Some visa applications require additional administrative processing, which requires additional time. Most administrative processing is resolved within 60 days of application, but this processing can take significantly longer. When administrative processing is required, the timing will vary based on individual circumstances of each case. Therefore, before making inquiries about status of administrative processing, applicants should wait at least 90 days from the date of interview or submission of supplemental documents, whichever is later.
Meanwhile, please note that inquiries about administrative processing will not expedite the processing. We assure you that the minute we are able to complete processing of your application, we will do so. Your application is important to us.
Q: My visa application was denied 214(b). What does that mean?
A: Section 214(b) is part of the Immigration and Nationality Act (INA). It states:
"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status..."
To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant. Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.
For more information, please visit: http://travel.state.gov/visa/frvi/denials/denials_1361.html
Q: If I was refused a visa under 214(b), can I appeal to a higher authority?
A: Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve.
An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties through a new application.
For more information, please visit: http://travel.state.gov/visa/frvi/denials/denials_1361.html
Q: I would like to know if my friend has applied for a visa and what the status is. Who should I contact?
A: Your friend, the visa applicant.
Under U.S. law, specifically the Immigration and Nationality Act (INA) 222(f), visa records are confidential. Therefore, the visa applicant should inquire at the U.S. Embassy or Consulate abroad where he/she applied regarding necessary information about visa application status. Because of confidentiality of visa records, you’ll need to ask your friend, the visa applicant your questions about whether a visa application was made, or a visa was issued or denied.
Q: How do I make an appointment for a visa interview?
A: To make an appointment, please visit our website at http://jerusalem.usconsulate.gov/how_to_apply.html
There you will find information on the application process, and a link to VisaPoint, through which appointments can be scheduled.
Q: I would like to apply for a religious worker (R) visa? Do I need a petition?
A: In order to be considered as a nonimmigrant under the above classification, the applicant's prospective employer must file a Form I-129, Petition for Nonimmigrant Alien Worker, with the Department of Homeland Security (DHS), United States Citizenship and Immigration Services (USCIS). For more detailed information regarding the filing of Form I-129, as well as requirements, please refer to the USCIS Temporary Workers and Required Documentation-Temporary Workers webpages.
Important Note: It is very important for prospective employers to file the petition as soon as possible (but not more than 6 months before the proposed employment will begin) to provide adequate time for petition and subsequent visa processing.
More information is available at: http://travel.state.gov/visa/temp/types/types_1272.html
Q: My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?
A: No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the United States port of entry (POE) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.
Q: I did not turn in my I-94 when I left the United States, what should I do?
A: If you failed to turn in your I-94 Departure Records, see Department of Homeland Security, Customs and Border Protection website for more information.
Q: I have dual citizenship. Which passport should I use to travel to the United States?
A: All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.
Q: I am delayed at the Port of Entry when I travel, and I do not believe I should be. What can I do?
A: The Department of Homeland Security’s Travel Redress Inquiry Program (DHS TRIP) is a single point of contact for individuals who have inquiries or seek resolution regarding difficulties they experienced during their travel screening at transportation hubs--like airports and train stations--or crossing U.S. borders, including:
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denied or delayed airline boarding
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denied or delayed entry into and exit from the U.S. at a port of entry or border checkpoint
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continuously referred to additional (secondary) screening
For more information, please see: http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm