FAQ About Nonimmigrant Visas
Visa Issuances and Denials
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.