visa services
Frequenly Asked Questions About Nonimmigrant Visas
Thank you for visiting the Frequently Asked Questions webpage. We hope that the responses to our most common questions assist you through the visa process. Please feel free to scroll through all of the questions or you can directly go to the following sections:
Applying for a Nonimmigrant Visa in Mongolia
Applying for a Student Visa
Appointment
Machine Readable Visa Fee
Visa Application
Visa Interview
Visa Issuances and Denials
Student Visas
Other Visa Questions
Misrepresentation
Q: How do I apply for a visa interview?
A: First, all applicants must pay Mongolian Tugrugs equal to 131.00 USD for Machine Readable Visa (MRV) processing fee at the certain branches of Trade and Development Bank of Mongolia. Second, Applicants must complete the electronic visa application form (DS-156). The DS-156 form can be accessed directly from the Embassy website at http://ulaanbaatar.usembassy.gov/temporary_visitors.html or at http://evisaforms.state.gov. Third: Applicants must go to https://ulaanbaatar.usembassy.gov/how_to_schedule_an_interview.html or http://mongolian.mongolia.usembassy.gov/how_to_schedule_an_interview.html and make an appointment by clicking on the “Make an Appointment” button. The appointment system will take applicants step by step through the process. Applicants must fill out the form completely or the system will not accept the appointment request.
Q: Where do I find the interview date request questionnaire?
A: The questionnaire can be found on our website by clicking here.
Q: Where do I get the visa application forms? Do I have to fill out the visa application forms on the computer?
A: All applicants are required to bring the Electronic Visa Application Form, commonly known as the EVAF or DS-156, with them to the interview. The form can be accessed directly from the link above or from http://evisaforms.state.gov. The EVAF must be printed out on a laser jet printer rather than a color ink jet printer. Applicants also need to ensure that the bar code on the last page is legible. If you do not bring the EVAF filled out electronically, we will not be able to process the application. Applicants also need to bring the original receipt with them.
Further, all male visa applicants between the ages of 16 and 45 are required to fill out DS-157.
Q: Do I need to bring a picture?
A: Yes. All applicants must submit two pictures. Pictures should be 5 by 5 cm. If you go to local photo shops in Ulaanbaatar tell them that you need a picture for a U.S. visa. We have found that most photo shops produce the correct sized photograph.
Q: My passport will expire soon. Can I still apply for a visa?
A: All applicants must submit a valid passport. To enter the United States, the passport must be valid for six months beyond the intended period of stay in the United States. If the passport is valid for less than six months, your application cannot be processed and you will be asked to return after you have received a new passport or have extended your old passport with the appropriate Mongolian authorities.
Q: How long before my intended travel date should I apply for a visa?
A: The length of time between the date you submit your application and the date on which your interview will be scheduled varies depending upon fluctuations in the number of visa applicants. We recommend you submit your application approximately five weeks prior to your desired departure date. This will provide for unexpected surges in the number of applicants or other unplanned delays in the process.
For Typical Appointment Wait and Processing Times, please click here. You should then choose Ulaanbaatar from the drop down menu.
All applicants should be aware that the times given are current averages, and are subject to sharp seasonal fluctuations. Processing wait time DOES NOT include the time required for additional administrative processing or special requirements. In such cases, processing wait time will vary based on the individual circumstances of each application.
Q: Can someone else fill out the visa application forms of my behalf?
A: If you require assistance completing the application it is acceptable to have someone complete the forms on your behalf. If a third party prepares the Nonimmigrant Visa (NIV) Application (DS-156) on an applicant's behalf, the preparer MUST fill in question #40 on the DS-156. If someone else prepares the application for you remember that you alone are responsible for verifying that the information on your application is accurate. Incorrect information can delay processing and even lead to a refusal.
Please note that there are many businesses that make claims that they can help an applicant get a U.S. visa. The U.S. Embassy has not authorized any of these companies to provide assistance to applicants and in many cases, these companies will charge substantial fees and may be involved with fraudulent activities. The submission of fraudulent documents can carry serious penalties for a visa applicant. Applicants should consider carefully whether or not to use a commercial company to assist in the application process. Applicants are responsible for all submitted materials and will be held responsible if documents are found to be fraudulent. Applicants found guilty of attempting to obtain nonimmigrant visas through fraud or willful misrepresentation of a material fact may be permanently refused visas and denied entry into the United States.
Q: Who can accompany a visa applicant to an interview?
A: Applicants should come alone to their interviews. Parents must accompany their children under the age of 14 to their interviews. Applicants with serious medical problems may also choose to bring an escort, or they can call the Embassy for guidance.
Q: Does my young child need a visa to travel to the United States?
A: Yes. All Mongolian citizens who are not legal permanent residents of the United States (green card holders) require a visa to visit the United States, regardless of age.
Q: I am not a Mongolia citizen. Can I apply for a visa in Ulaanbaatar?
A: While anyone can apply for a visa in Ulaanbaatar, it will be more difficult for a Consular Officer to determine the eligibility of visa applicants who are not residents of the consular district where the interview is conducted. On the other hand, a Consular Officer should be able to evaluate the visa qualifications of non-Mongolian citizens who live in Mongolian just as easily as those of Mongolian applicants.
Q: I have an emergency, how can I request an expedited appointment? Who qualifies for an expedited appointment?
The criteria for the expediting of visa interviews include the following:
1. Cases surrounding emergencies (death or life-threatening conditions) involving American citizens or Legal Permanent Residents.
2. Applicants for F (student) and J (exchange visitor). This also applies to dependents (F-2 and J-2) who have previously been issued.
3. Applicants for petition based visas may be considered for expedition only if they have been issued visas previously and only at the discretion of the consul.
4. Bearers of diplomatic passports. (This does not extend to family members who do not bear diplomatic passports).
Procedure: An emergency interview appointment can be requested in writing by sending a fax to U.S. Embassy Ulaanbaatar at (976-11) 353788 or an e-mail to cons@usembassy.mn. Fax or e-mail should provide specific details about why an emergency interview appointment should be granted, and must include supporting documents such as approved petition or SEVIS number or hospital letter for the applicant. Be sure to include a phone number where we can reach you. The Consular Officer reserves the right to determine the applicant’s eligibility for an expedited interview.
Applicants will be contacted if the expedited interview appointment is granted.
Please keep in mind that an expedited interview appointment does not improve an applicant's chances of obtaining a U.S. visa. An expedited case simply results in an earlier appointment date for the visa interview. A humanitarian emergency is not grounds for the issuance of a U.S. visa; applicants applying for a non-immigrant visa must still prove they meet the requirements of the visa class in question.
In most cases we will NOT expedite appointments for persons whose most recent applications were refused under INA 214(b) (intending immigrant presumption).
Q: I am going for medical treatment. Do I need a special visa?
A: Individuals who seek medical treatment in the United States are required to apply for and travel to the United States on a B-2 nonimmigrant visa. A B-2 visa is commonly called a visitor visa.
In addition to following the normal procedures for all nonimmigrant applicants, applicants traveling for medical treatment must provide the following information/documents at the time of the interview.
Please Note: Presentation of the following documents does not guarantee a visa will be issued.
REQUIRED DOCUMENTATION FOR MEDICAL TRAVEL
1) Provide a letter from the treating doctor in the United States stating the
following:
- That the patient’s medical files have been reviewed
- Time/Date for medical appointment and/or needed procedures
- The estimated period of time that the patient will be in the United States
- The estimated total cost of treatment in the United States
2) Provide proof of ability to pay for the cost of the treatment and travel to the United States.
3) A letter from the hospital’s financial department stating the patient has paid in advance or they are completely satisfied that they will receive total reimbursement for all medical care provided.
In addition, if the Consular Officer believes the applicant to be qualified for a visa under Section 214(b), he/she may require that the applicant make a pre-payment to the selected hospital. Under Section 212(a)(4) of the Immigration and Nationality Act, Consular Officers cannot issue visas to individuals who may become a public charge (i.e. require public financial assistance) while in the United States.
THE CONSULAR OFFICER WILL ONLY CONSIDER DOCUMENTS BROUGHT TO THE INTERVIEW. DOCUMENTS FAXED OR MAILED TO THE EMBASSY IN ADVANCE OF THE APPLICATION WILL NOT BE CONSIDERED.
Important Note: Applicants for travel to the United States for medical treatment are subject to Section 214(b) of the Immigration and Nationality Act. This section of the law states that applicants must establish that they intend to return to their home country after a temporary stay in the United States. This can be done by showing substantial ties (social, professional, financial, etc) to a country other than the United States. Under United States law, the responsibility for demonstrating sufficient ties to a foreign country rests with the applicant.
Q: What is the difference between an immigrant and nonimmigrant visa?
There are two categories of U.S. visas: immigrant and nonimmigrant. Immigrant visas are for people who intend to live permanently in the United States. Nonimmigrant visas are for people with a permanent residence outside the United States but who wish to be in the United States on a temporary basis – for tourism, medical treatment, business, temporary work or study. For more information on visa categories and types of visas please see www.travel.state.gov.
Q: Can I meet with the Consular Officer before or after my interview?
A: We regret that we cannot meet with potential applicants prior to their interviews or with applicants after their interviews have been completed. Most questions regarding the visa application process can be answered by reading our website by clicking here. If you have a specific question regarding your case you may contact us by email at cons@usembassy.mn.
Q: I have a letter (or fax) to show you that will help you understand my situation and my strong ties to Mongolia. Can I send it to you so you can read it in advance of my interview?
A: Unfortunately we cannot review information prior to an applicant’s interview. In our experience, it is most helpful for the applicant to provide all necessary information at the time of the interview so the Consular Officer can ask any questions at that time. If there are remaining questions, the applicant might be asked to provide additional information or appear in person for a second interview.
Q: I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?
A: The only correct answer during a visa interview is an honest answer. Period. Providing details about your good job and family ties in Mongolia demonstrates to us that you qualify for a visa to visit the United States. Do not rely exclusively on friends, travel agents and visa brokers for information about how to get a visa. They do not issue visas; Consular Officers do. Explain your travel plans and tell us about yourself at the interview. Tell the Consular Officer why you will return to Mongolia after a short stay in the United States.
Q: I heard that the Embassy does not issue visas to particular groups of Mongolians such as the elderly, students, or families. Is this true?
A: We are proud that all visa applicants receive a personal interview with a Consular Officer to explain their travel plans. We do not classify particular groups in Mongolia as eligible or not eligible to receive a visa. Consular Officers decide whether or not to issue a visa based on U.S. immigration law, not membership in a particular group.
Q: How do I qualify for a student visa?
A: To qualify for a student visa, applicants must demonstrate that they are capable of pursuing the course of study for which they have applied, that they have the necessary funds to pay for the first year of studies and that they intend to return to Mongolia at the conclusion of their studies. For more information on studying in the United States please visit our student information webpage. For general information, prospective students can visit the U.S. Department of State’s student website http://educationusa.state.gov.
Q: How far in advance should I schedule my interview?
A: An applicant for a student visa must first be accepted into a program in the United States. The school will then issue the student an I-20, which the applicant must bring to the interview. We recommend you schedule your interview several weeks in advance of your planned departure date. Student visa applicants can apply up to 120 days before the start of their academic studies. However, the Consular Section can only issue a visa 90 days in advance of the start of the program and students can only enter 30 days before the start of their academic studies.
Q: What is SEVIS and what is the SEVIS fee?
A: The Student and Exchange Visitor Information System (SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States. The SEVIS fee is a $100.00 non-refundable fee, which is separate from the visa application fee. The SEVIS fee is mandated by Congress to support the program office and the automated system that keeps track of students and exchange visitors and ensures that they maintain their status while in the United States. Most students or exchange are responsible for paying this fee. There are limited exceptions for applicants who are attending government sponsored programs and certain returning students. For more information please visit www.fmjfee.com.
Q: How do I pay the SEVIS fee?
A: The SEVIS fee can be paid with a credit or debit card online at www.fmjfee.com. You can also pay by international money order or check drawn on a financial institution in the United States and payable in United States currency. For more options on payment visit the fmjfee website.
Q: Should I pay the SEVIS fee in advance of my interview?
A: The SEVIS fee must be paid in advance of your interview. When you pay the fee online, you must print the receipt and bring it to your interview. Non-payment of the SEVIS fee can delay processing even if you are found eligible for a student visa.
Q: What is the I-20 form and do I need it prior to my interview?
A: The I-20 form is issued by the institution that has admitted you as a student. The I-20 contains important information that the Consular Officer needs during your interview such as the cost of your studies and the level of English proficiency required for your program. If there is an error on your I-20 please notify your school immediately and request a corrected I-20. Common errors include misspelled names, incorrect dates of birth and inaccurate levels of English proficiency.
Q: Can I schedule my interview before my I-20 arrives?
A: You can schedule your interview but keep in mind that you must bring the I-20 to your interview. If you do not have the I-20 at the time of your interview we cannot process your visa application.
Q: Can I bring my spouse and children with me as dependents?
A: A spouse and unmarried, minor children may also be classified for a nonimmigrant visa to accompany or follow the student. Family members must meet all visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the United States when the student's program ends. Spouses and children of students may not accept employment at any time.
Q: Do my dependents (F2s) need to pay the SEVIS fee?
A: No, only the primary applicant pays the SEVIS fee.
Q: I want to change schools. Do I need a new I-20?
A: Yes. If you are in the United States and plan to change schools without departing the United States, you should work with the new institution to obtain a new I-20. You should also work with your current school to ensure they deactivate your student status in the SEVIS system and do not report you as a student visa violator to the Department of Homeland Security. If you depart the United States and do not intend to return to the school listed on your I-20 you must obtain a new I-20 prior to entering the United States You should also contact the Embassy to obtain a new visa.
Q: May I change my interview date?
A: You can change your scheduled interview date once. Applicants must go to https://ulaanbaatar.usembassy.gov/how_to_schedule_an_interview.html or http://mongolian.mongolia.usembassy.gov/how_to_schedule_an_interview.html and change their appointment by clicking on the “Change/Cancel Appointment” button. In case of a medical emergency, please contact us at cons@usembassy.mn and we will do our best to accommodate your needs.
Q: Where can I pay the MRV fee?
A: All applicants must pay Mongolian Tugrugs equal to 131.00 USD for Machine Readable Visa (MRV) processing fee at the Trade and Development Bank of Mongolia. Applicants can pay the fee during the Bank’s normal business hours. Applicants can pay the 100 USD visa processing fee at any of following branches of the Trade and Development Bank:
Dornogobi Branch Erdenet Branch TDB Headquarters
Dornogobi Aimig Orkhon Aimag Ulaanbaatar City
Sainshand Soum Bayan-Undur Soum Chingeltei District
Bag No 3 Khurenbulag Bag Baga Toiruu 12
Tel: 01522-22298 Tel: 01352-25155 Tel: 324690
Email: tdb408@tdbm.mn Email: tdb407@tdbm.mn
Darkhan Branch Dornod Branch
Darkhan-Uul Aimag Dornod Aimag
Darkhan Soum Kherlen Soum
Bag No 8 Bag No 6
Tel: 01372-33726 Tel: 01582-230009
Email: tdb403@tdbm.mn Email: tdb401@tdbm.mn
Urguu Branch Sansar Branch
Ulaanbaatar City Ulaanbaatar City
Bayangol District Bayanzurkh District
Khoroo No 13 Tokyo Avenue
Ard Ayush Avenue Sky Shopping Center
Tel: 361968/368961 Tel: 324658
Email: tdbtt06@tdbm.mn Email: tdbtt07@tdbm.mn
Q: Why does the Embassy no longer collect the MRV fee?
A: For the convenience of our applicants we have contracted with a financial institution that will be able to accept your payment at several different locations. We believe this procedure is beneficial to our applicants who previously had to visit our offices during limited hours to make payments. This also provides consular staff with additional time to process visa applications.
Q: Why does the Embassy charge 131.00 USD for a visa interview?
A: The fee covers the cost of services rendered by the Consular Section to process your application. It is mandated by Congress and is the same at U.S. Embassies and Consulates throughout the world.
Q: Can I get a refund of the MRV fee if my visa is refused?
A: Unfortunately the MRV fee is non-refundable.
Q: Can someone else use my MRV fee receipt?
A: No. The MRV fee receipt contains the name of the applicant and is for use only by that individual. It is non-refundable and non-transferable.
Q: Can I go to my interview without a receipt?
A: No. We cannot process your case without an MRV receipt.
Q: What should I do if I lose my receipt?
A: If you lose your receipt please contact the bank where you made your purchase.
Q: How long is my receipt valid?
A: Your receipt is valid for one year from the date of payment. This payment is for one application. If you make multiple applications you will need to pay the fee each time.
Q: What is the EVAF form? Where do I find the EVAF form?
A: All applicants are required to bring the Electronic Visa Application Form, commonly known as the EVAF or DS-156, with them to the interview. The form can be accessed at http://evisaforms.state.gov. The EVAF must be printed out on a laser jet printer rather than a color ink jet printer. Applicants also need to ensure that the bar code on the last page is legible. If you do not bring the EVAF filled out electronically, we will not be able to process the application.
Q: Can I fill out the EVAF form by hand?
A: No. The EVAF must be filled out electronically.
Q: Why is the barcode on the EVAF form necessary?
A: The barcode allows us to read the information regarding your case quickly and process your application more efficiently.
Q: When should I arrive for my interview?
A: Applicants will be asked to arrive at the Embassy at either 8:30 AM, 9:00 AM or 9:30 AM. Applicants must arrive at their scheduled time and will be screened through security before entering the consular waiting area. Applicants should expect to spend approximately two hours at the Consular Section.
Q: Which documents should I bring?
A: All applicants are required to bring the Electronic Visa Application Form, commonly known as the EVAF or DS-156, with them to the interview. The form can be accessed directly at http://evisaforms.state.gov. If you do not bring the EVAF filled out electronically, we will not be able to process the application. Applicants also need to bring the original receipt with them. Further, all male visa applicants between the ages of 16 and 45 are required to fill out DS-157. DS-157 can be accessed from the same websites listed above.
There are no requirements for an applicant to submit additional documentation with their nonimmigrant visa application. However, applicants must demonstrate that they are eligible for a visitor or business visa. Evidence that shows the purpose of the trip, the intent to depart the United States, and arrangements made to cover the costs of a trip, may be provided. Due to the unique nature of each individual’s trip to the United States, it is impossible to specify the exact evidence that an applicant must submit. Applicants should carefully consider what they believe will support their application for a nonimmigrant visa to the United States.
Q: Should I bring a bank letter?
A: Due to the number of fraudulent bank letters, the Embassy has determined that bank letters are not sufficient proof of financial ability to cover the costs of a trip. Original bankbooks or bank statements provide stronger evidence of proof of an applicant’s financial situation.
Q: As an American citizen, how can I assure the Consular Officer my friend or relative is qualified for a visa?
A: Your friend or relative must qualify for a visa based on their ability to demonstrate sufficient social and economic ties that will compel them to return to Mongolia after a brief stay in the United States.
Q: Can the Consular Officer call me during the visa interview if s/he has questions about my friend or relative who is applying?
A: Under U.S. immigration law, the applicant is responsible for providing sufficient information to demonstrate their ties to Mongolia and the purpose of their trip during the interview. Consular Officers are trained to make decisions based on the information presented.
Q: Do children need to be present at the visa interview?
A: Children under 5 do not need to be present at the visa interview.
Q: Do I need an invitation letter to get a visa? What are the requirements for an invitation letter?
A: Applicants are not required to present an invitation letter. Some applicants find it helpful to have such a letter in order to clarify the purpose of their trip. If an applicant does bring an invitation to the interview, it is helpful to include information regarding the applicant’s relationship with the person/s he will visit (whether family, friend, business contact, etc.) If visiting family, please indicate whether that person is a U.S. citizen or legal permanent resident (i.e. bearer of a U.S. green card), or nonimmigrant in the United States on a work or student visa. Individuals applying for business visas should be prepared to explain what kind of business trip they are making. For those persons visiting business contacts or clients, please bring correspondence that explains the nature of the trip. If you choose to include an invitation letter with your visa application, it does not need to be notarized.
Q: Who can accompany an applicant to a visa interview?
A: Applicants should come alone to their interviews. Parents must accompany their children under the age of 14 to their interviews. Applicants with serious medical problems may also choose to bring an escort, or they can call the Embassy for guidance.
Q: I received a “yellow sheet,” when can I return to the Embassy?
A: Applicants will receive specific instructions from the officer regarding their case. In some situations the applicant does not need to return. The Embassy will complete the additional processing required for their case and contact the applicant when the visa is ready or if there are further questions. In other cases, the applicant will be asked to return with additional information. The applicant should return during normal interview hours which are Monday, Wednesday, Thursday and Friday mornings beginning at 10:00 AM.
Q: How do you decide whether or not to issue a visa?
A: Consular Officers make decisions based on U.S. immigration law. Under our law, applicants for tourist and business nonimmigrant visas are presumed to be intending immigrants. To qualify for a nonimmigrant visa, applicants must clearly demonstrate their intent to depart the United States by proving that they have strong ties to their home country and a residence that they will return to at the conclusion of their trip to the United States. Evidence of a job or professional ties, property holdings, family ties and responsibilities, and bank accounts will all be evaluated in the course of the interview.
Q: If I am issued a visa, when can I pick it up?
A: Issued visas are generally printed and returned to the applicant the next business day at 4 PM.
Q: How long can I remain in the United States?
A: It is important to remember that a visa only allows an individual to apply for admission to the United States. The immigration officer at the port of entry will determine if the individual is admissible to the United States. and the maximum stay allowed.
Q: When will my visa expire?
A: The visa expiration date is printed on the visa itself. It is important to note that visa expiration date is the last date you can apply for admission to the United States. in that visa category. It should not be confused with the period of time you are allowed to remain in the United States. The immigration inspector at the port of entry makes that decision.
Q: My visa application was denied. Can I reapply?
A: If an applicant’s visa is refused, the applicant will be handed a letter that explains the basis of the refusal. Most applicants are refused under Section 214(b) of the U.S. Immigration and Nationality Act. This section of the law states that an applicant has not overcome the presumption that they are an intending immigrant. Applicants refused under 214(b) are welcome to reapply for a visa should their circumstances change, or if they believe that they can present additional evidence to demonstrate their eligibility for the visa. Applicants can reapply when they believe they have the evidence to demonstrate their eligibility for a visa. There is no waiting period; however, applicants should carefully consider whether their new evidence demonstrates their eligibility for a visa, particularly if the applicant is applying a short time after they were previously refused. Those persons reapplying will need to submit a new visa application, with any necessary supporting documents, and pay the visa application processing fee. Their applications will be given every possible consideration consistent with U.S. immigration law and the applicant will be interviewed by a different Consular Officer.
Q: Why does the United States have such strict visa laws?
A: The United States is an open society. Unlike many other countries, the Unites States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires Consular Officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.
Q: What are strong ties?
A: Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family or other capital assets. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.
Q: Why do many of the refused applicants get the same letter of explanation as to why they were turned down? For example, shouldn’t the reason be different for a student visa applicant that a tourist visa applicant?
A: Generally speaking, applicants are refused because they were unable to demonstrate that their activities in the United States would be consistent with one of the nonimmigrant visa categories established under U.S. immigration law. This applies to those seeking to enter as short-term business or tourism visitors as well as students.
Q: Why are the visa interviews so short? I was refused a visa after only a couple of questions and the interviewer hardly looked at my documents.
A: Consular Officers handle thousands of applications every year. Based on this experience, they are able to quickly review the application form and supporting documents in order to narrow the range in which questions may need to be asked. Keep in mind, most of the information we need is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions. We often need only to verify your identity or clear up one or two points. Also, if the interview were longer, you would end up waiting in line for a considerably longer time. In order to be fair to all applicants and to provide everyone an equal opportunity to establish eligibility, we must work quickly and efficiently.
Q: When I applied for a visa, I told the officer I would return to Mongolia after a short stay in the United States. Why didn’t the officer believe me?
A: We are required to evaluate your overall situation in reaching a decision. Your statement that you intend to return to Mongolia is helpful; however, under the requirements of U.S. law, that statement alone is not adequate to show you have strong ties outside of the United States which would compel you to return to Mongolia. It is not that the officer did not believe you. Rather, the officer considered your statement along with the other evidence you brought to your interview and concluded that, on the whole, the evidence was not compelling.
Q: If my visa application is denied, would it help to have a high ranking official or an American friend contact the interviewing officer?
A: No. 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.
Q: Is a denial under Section 214(b) permanent?
A: No. If you have new information which was not presented to the interviewing officer at the time of your first application or if your overall circumstances have changed significantly since your last application and you can now better establish convincing ties outside the United States, you may reapply. However, simply reapplying in the days or weeks following a 214(b) refusal will most often lead to another refusal. Presentation of additional documentation (such as land deeds, bank account statements, car registration, etc.) which only document the situation understood by the Consular Officer at the time of the initial refusal, will not improve the applicant's chance of success. Some applicants will not qualify for a non-immigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.
Q: Do refused applicants have to wait three to six months before reapplying?
A: Presently, there is no time restriction on resubmitting an application after a refusal. If you have additional information or supporting documentation to present which is substantially different from your initial application you are encouraged to reapply. If your circumstances are unchanged and you present only evidence which has already been reviewed recently by an officer, your chances of gaining approval on a second or third application are much lower. In such cases, it is probably better to wait until your personal circumstances have changed significantly before reapplying.
Q: I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?
A: The problem is not the documents. Rather, your current overall situation (as supported by those documents) was not adequate to overcome the presumption that you are an intending immigrant. Remember, U.S. law says that you are an intending immigrant until the consul is convinced that your overall circumstances would be adequate to compel you to return home after visiting the United States.
Q: What items do returning students need?
A: Returning students must present their previous visa, I-20 form and financial sponsor’s documents. Returning students should also bring transcripts from their current school and from all schools attended in the United States.
Q: What happens if I am away from classes for five months?
A: If you are outside of the United States for five months or more you will need toobtain a new I-20 form and a new student visa from the Embassy. The only exception is if you were participating in a study abroad program approved by your school. Individuals in this category will need to provide proof that they departed the United States at the conclusion of their studies, generally within 30 days from the last day of classes.
Q: How long may I stay on my F-1 student visa?
A: Applicants for student visas are admitted for the duration of their studies. As long as you are studying and maintain your status as a student you are eligible to remain in the country. If you stop attending classes or fall out of status you must depart the United States.
Q: I have been accepted by a U.S. school that issued me an I-20. Why isn’t that enough for issuance of a student visa?
A: The approved I-20 is just one piece of information the interviewing officer must consider when deciding whether a visa may be issued. Remember, under section 214(b) of the U.S. Immigration and Nationality Act, you still must prove that you will leave the United States after the purpose for which you entered the United States comes to an end. In student visa cases, the applicants may intend to stay in the United States for many months and even years pursuing a course of study. Consequently, we must consider your overall circumstances when deciding whether to approve a student visa. Student visas must be denied if it appears that the student cannot or will not complete a full course of study in the United States. The fact that a school has admitted a student to study and issued the student an I-20 is, therefore, only one factor we consider.
Q: I was issued a ten year visa last year, but have not traveled? Can I still go to the United States?
A: Yes. You may apply to enter the United States up until the date your visa expires. Keep in mind that you must have at least six months validity remaining on your passport in order to enter the United States If you passport will expire soon you can travel with a new passport and your previous passport containing the U.S. visa.
Q: I have a ten year visa, how long can I stay in the United States?
A: The immigration inspector at the port of entry will determine how long you can remain in the United States.
Q: What should I do if I lost my passport with a valid visa?
A: You should report the lost passport to your issuing agency. In Mongolia this is the Mongolian to the Civil Registration and Information Center. You should also obtain a police report, which you will need in order to apply for a new U.S. visa.
Q: My passport is now expired, but the visa is still valid. Do I need a new visa?
A: No. You can travel with two passports: one containing your previous visa and the new passport.
Q: Should I use a travel agent or other advisor to help me apply?
A: The matter is a personal decision. However, in most cases it is not necessary for you to hire a special advisor to assist you with your application. Visa clerks will often charge you to fill out forms that are available free from our office or our website. Applicants are cautioned that they may be approached by individuals claiming to be "visa assistants" or staff of the U.S. Embassy or Consular Section. All true consular staff are located inside the Embassy compound and are prohibited from offering such assistance. Please report any such incidents to a member of the consular staff with a description of the individual. They also may charge large sums on the promise of enabling the traveler to obtain visas. Further, our experience shows that many applicants are coached by intermediaries to provide answers which are misleading. While the truthful answer may not have harmed the application, the discovery of a misleading answer often puts the entire application in doubt.
Q: Shouldn’t I conceal the fact that I have close relatives living in the United States or I have been denied a visa before?
A: The risks of fraud are serious. Applicants who provide incorrect information, conceal relevant facts, or misrepresent their cases may become permanently ineligible to enter the United States. All approved applications are checked against computer records to see if certain information on the application was truthfully presented. It is common in Mongolia for an applicant to have relatives in the United States or a petition to immigrate on file. These factors by themselves may not prevent approval of your application. However, misrepresentation of these facts risks causing your application to be refused.
Q: Where can I report visa fraud?
A: If you have information regarding visa abuse and visa fraud, please let us know by sending us an email to cons@usembassy.mn.
Non-Immigrant Visas
How to make an appointment for a visa interview?
Average Appointment Wait Time
Expedited Interview Policy
FAQ about Nonimmigrant Visas
Immigrant Visas
