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Visitor Visa to the US


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I've seen many questions posted about Visitor Visas that often get repeated. I was doing some research on a Visitor Visa for my wife's parents, and found this FAQ section from the Shanghai Consulate Webpage. It really answered just about every question I had.

 

I thought this might be helpful for anyone considering a visitor visa for a Chinese family member wanting to visit the US. Ken

 

Here's a link to the FAQ section on the Shanghai Consulate website.

http://shanghai.usembassy-china.org.cn/faq.html#5

 

ANSWERS TO FREQUENTLY ASKED QUESTIONS

 

How do I apply for a nonimmigrant visa to the United States? How much does it cost?

 

All first-time visa applicants are required to call the China-wide Visa Information Call Center at 4008-872-333 (for dialers within China) to make an interview appointment. International callers should dial (86-21) 3881-4611. The Visa Information Call Center operates Monday through Friday, 7:00 a.m. to 7:00 p.m., and on Saturdays from 8:00 a.m. to 5:00 p.m. You will need to purchase a pre-paid PIN card in order to use this service. Users can pay 54 RMB for a 12 minute PIN card or 36 RMB for an 8 minute PIN card. PIN cards can be purchased at China CITIC bank locations or online at: https://www.usavisainformation.com.cn/eng/index.aspx. Please be prepared to give the Call Center your name, date of birth and passport number. Please Note: Any applicant with multiple refusals is advised not to reapply for a nonimmigrant visa unless his or her situation in China has changed significantly.

 

To apply for a nonimmigrant visa in China, the following documentation is required:

 

A completed DS-156 application form in English. All applicants must complete the electronic barcode version of DS-156 application form in English. The electronic DS-156 can be accessed below (See the link). Complete the form, print it according to directions, a unique bar code will appear on the form you have completed and bring it with you to your visa interview. The barcode form is three pages, and must be printed on the front and back of each sheet of paper. Only A-4 or 8.5 x 11 inch paper will be accepted Chinese passport holders are required to handwrite some information in Chinese (translating from the information already printed in English) for items 6, 7, 8, 9, 15, 20 and 21.

 

DS-156 (English-Electronic Visa Application Form with Bar Code)

 

The DS-157 and DS-158 application forms must also be completed for some applicants. Please see the NIV Application Forms section of this website to determine if you need to fill out these additional forms.

 

A passport endorsed for travel abroad and valid for return to China or re-entry into another country. Business travelers, tourists, and other short-term visitors must have a passport valid for at least six months after the intended date of departure from the United States.

 

In addition to the above requirements, you are advised to present documentation and other evidence establishing social, economic, and other ties that would compel your departure from the United States after a temporary and lawful stay. All applicants are required to have adequate funding for their travel to the United States and may be asked to present evidence of this at the time of the interview. In addition, documents and certifications that verify the purpose of travel to the United States should also be brought to the interview. For security reasons, please do not bring cellular phones, beepers, briefcases, luggage or handbags to your appointment. There is a non-refundable application fee of RMB 810 payable at any branch of the China CITIC Bank. Please see the FEES section of this website for a listing of bank branches.

 

How long before I plan to travel should I apply for a visa?

 

Because of significant demand for U.S. visas, there is usually a wait for visa interview appointments. If you need a visa interview, you may have to wait a few weeksfor an appointment. Additionally, post-interview processing may take another month or two before the visa can be issued. Therefore, we encourage all visa applicants to call the China-wide Visa Information Call Center at 4008-872-333 well in advance of their anticipated travel plans. If you are a frequent traveler or someone who may be required to travel on short notice, we encourage you to keep your visa valid and apply to renew your current visa before it expires. We may be able to expedite visa appointments for some cases of humanitarian emergencies, which we define as a death or serious illness. If you believe you have a humanitarian emergency, please send a fax with the details to (86-21) 6217-2072. Be sure to include a phone number where we can reach you. Please keep in mind that all expedite requests cannot be honored. 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. Please plan ahead and apply early! Thank you for your cooperation.

 

Do I need an interview if I have traveled to the U.S. before?

 

Yes. With rare exceptions, all visa applicants are required to present themselves before an adjudicating visa officer. In the wake of the terrorist attacks of September 11, 2001, the United States Congress passed the Enhanced Border Security and Visa Entry Reform Act of 2002. This law mandated that visa applicants are required to appear in person in the Consular Section to participate in the biometric scan. Applicants with prior travel to the United States who use the CITIC Bank Expedite Program or the FAO Expedite Program may have shorter interviews, but the U.S. Consulate reserves the right to interview any applicant, regardless of application channel. Therefore all applicants should be prepared for an interview. Please see this website for more information on the CITIC Bank, FAO and AmCham Expedite Programs.

 

How do you decide whether or not to issue a visa?

 

Section 214( b ) of the U.S. Immigration and Nationality Act 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 nonimmigrant status." To qualify for a visitor or student visa, an applicant must overcome the presumption of immigrant intent embodied in U.S. immigration law. The law places this burden of proof entirely on the individual applicant. Applicants must prove they have overwhelming ties abroad that would compel them to leave the U.S. at the end of a temporary legal stay. Failure to completely convince the adjudicating consular officer of one¡¯s intent to return to China (or another home country) will result in a refusal of a visa application under Section 214( b ). The consular officer is also required to assess the applicant¡¯s credibility, including indications of possible deception that may cause the consular officer not to be satisfied that the applicant will lawfully comply with all the requirements of the non-immigrant visa (NIV) category in question. Failure to participate fully in the visa interview or to answer the visa officer¡¯s questions will similarly result in a refusal.

 

What are strong ties?

 

"Ties" are the various aspects of your life that bind you to your country of residence. Some examples include your job, your family relationships and property. Visa applicants are required to have substantially more ties to China (or the applicant¡¯s home country) than to the U.S. These ties must be significant enough to compel a visa applicant¡¯s return to China (or the applicant¡¯s home country).

 

Why does the U.S. have such strict visa laws?

 

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, foreigners 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.

 

Is a denial under Section 214( b ) permanent?

 

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 of the United States, you may reapply.

 

Do refused applicants have to wait three to six months before reapplying?

 

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 will 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.

 

I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?

 

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 you show that your overall circumstances would be adequate to compel you to return home after visiting the U.S.

 

Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents.

 

The visa officers handle thousands of applications every year. Based on this experience, we are able to quickly review the application forms 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.

 

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?

 

No. Tell the truth. If your ties to China are adequate to overcome the presumption of immigrant intent (INA section 214( b ), a tourist visa will be issued. Problems arise if you mislead the interviewing officer as to your intent in visiting the United States. Once a misrepresentation is made, we may find it difficult to believe other information you have supplied.

 

When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?

 

We are required to evaluate your overall situation in reaching a decision. Your statement that you intend to return to China is helpful, but under the requirements of U.S. law the statement alone is not adequate to show you have strong ties outside of the United States that would compel you to return to China. 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.

 

I have been accepted by a U.S. school which issued me an I-20. Why isn't that enough for issuance of a student visa?

The approved I-20 form 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 applicant's primary purpose of travel is not to obtain an education, but, rather, to facilitate an indefinite stay 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.

 

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 than a tourist visa applicant?

 

The legal basis for most visa refusals falls under Section 214( b ) of the Immigration and Nationality Act. In most refusal cases, the applicant fails to show strong enough or stable enough ties outside the U.S. to convince the officer that the applicant will depart the United States after a temporary period. An applicant¡¯s failure to be forthright during the visa interview may also raise credibility questions that will result in a visa refusal under this same section of the law. Many refused applicants believe there is a document or a special way to answer our questions that will enable them to successfully reapply for a visa days or weeks later. However, as the problem for applicants refused under Section 214( b ) lies in their overall situation; no single answer or document exists which would prove satisfactory in all cases. Applicants are encouraged to reapply only when their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment.

 

I will certainly return to China because my parents are here. I am the only son in my family and I need to return so that I can take care of my parents. Why did the officer say I have insufficient ties to compel me to return?

 

Our experience shows that being an only child has not deterred many travelers from remaining indefinitely in the U.S. While this factor may be one among others relevant to an individual's personal circumstances, it would not usually, in itself, be sufficient to establish eligibility.

 

My company and my American friend have both written letters guaranteeing that I will return to China. Why isn't that considered to be enough proof that I actually will return?

 

A guarantee letter, like other forms of written documentation, will be considered by the interviewing officer. However, a letter, by itself, does not establish the applicant's ties to a place outside of the United States. Similarly, pledges from highly placed persons that you will return to China do not automatically enable applicants to overcome Section 214( b ). This is because U.S. law does not permit visa officers to delegate to others their authority to evaluate the applicant's actual overall circumstances.

 

I have a letter (or fax) to show you that will help you understand my situation and my strong ties to China. Can I send it to you so you can read it in advance of my interview?

 

You should bring any information, including your letter, to the interview. Mailing it to us in advance will not be helpful. The visa interview is the proper setting for us to consider the information in your letter.

 

Shouldn't I conceal the fact that I have close relatives living in the United States, that I have an application to immigrate on file, and that I have previously been denied a visa? What are the consequences if an applicant conceals or misrepresents information or submits fraudulent documents to the Consulate?

 

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 China for an applicant to have relatives in the United States or a petition to immigrate on file. These factors by themselves will not necessarily prevent approval of your application. Misrepresentation of these facts, however, risks causing your application to not only refused but for your to become permanently ineligible from ever entering the United States.

 

Must applicants take tests such as the TOEFL, SAT, GRE, and GMAT, in order to obtain a student visa? Is any particular score on these exams needed to get a visa?

 

Applicants are generally not required to take any particular tests to qualify for a visa. However, we note that motivated and serious student visa applicants often take such tests when seeking admission to schools in the United States. The fact that a student has taken one or more of these tests may help show the seriousness of the applicant's study plans. Applicants are generally not required to take any particular tests to qualify for a visa. However, we note that motivated and serious student visa applicants often take such tests when seeking admission to schools in the United States. The fact that a student has taken one or more of these tests may help show the seriousness of the applicant's study plans.

 

If my visa application is denied, would it help to have a high ranking official, or an American friend contact the interviewing officer?

 

No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. Additionally, United States law is designed to insulate the decisions in visa cases from outside influences. An applicant can influence a reversal of a prior denial only through presentation of new convincing evidence of strong ties.

 

Should I use a travel agent or other advisor to help me apply?

 

The matter is a personal decision for you to make. However, in most cases it is not necessary for you to hire a travel agent to assist you with your application. Travel agents will often charge you to fill out forms that are available for free. They also charge large sums on the promise of enabling the traveler to bypass the visa interview. However, we do not accept applications from travel agencies without interviewing the applicants. Furthermore, our experience shows that many applicants are coached by intermediaries to provide answers that are often misleading. While the truthful answer would not have harmed the application, the discovery of a misleading answer often puts the entire application in doubt.

 

What can I do if I have a complaint about the application process or my case?

 

All visa applicants are entitled to courteous, efficient, and consistent treatment. If you feel you were treated improperly during the processing of your visa application, you should write to the Consulate and describe the circumstances. Your concerns will be investigated and corrective action taken where justified. Our fax number is (86-21) 6217-2072.

 

Can my American friend speak with a visa officer about my case?

 

In order to afford American citizens an opportunity to speak directly with a consular officer, the Visa Unit will make an officer available Monday and Friday afternoons from 3:30 to 4:30 p.m. Inquiries will be entertained on a first-come, first-served basis. All American citizens present by 4PM will have an opportunity to speak to an officer that day. No one will be admitted after 4:00 p.m. Please bring your U.S. passport for access to the Consular Section.

 

Only American citizens will be allowed to take advantage of this opportunity; citizens of other countries (including Legal Permanent Residents of the United States) will not be afforded this opportunity. As an alternative, inquiries about specific cases may be faxed to the Visa Unit at (86-21) 6217-2072. Replies are generally sent within four to seven business days.

 

What if I have other questions about applying for a U.S. visa?

 

If you have other questions not answered here, you may access the Department of State's Consular Affairs Web Page: http://www.travel.state.gov/visa/temp/temp_1305.html.

 

 

VISA VALIDITY DATES

 

What do the visa validity Dates printed on the visa Mean?

The time period from the visa issuance date to the visa expiration date, as shown on the visa, is known as visa validity. The Issue Date is the date the visa first becomes valid. The Expiration Date is the last day on which a traveler may use the visa to enter the United States. Many travelers mistakenly believe that the Expiration Date is the last day on which a traveler may remain in the United States, but in fact the Expiration Date is the last date on which a traveler is allowed to apply for entry into the U.S. at an airport, sea port or land border crossing.

 

A visa never guarantees admission to the United States. A visa simply allows the visa holder to present him or herself before immigration officials at a U.S. port-of-entry. At the U.S. port-of-entry, it is the immigration official who will make a decision determining how long each traveler is allowed to stay in the United States. This time period is called the Authorized Length of Stay or the Duration of Stay Permitted.

 

Generally, the immigration official will note the date by which the traveler must leave the United States. If no specific period of time is indicated, the maximum length of stay on a B1/B2 visa is 6 months. In some cases, the immigration official will note ¡°D/S¡± meaning ¡°duration of status¡± ¨C in this case visa holders are allowed to remain in the United States as long as they remain in status. For example, students with F1 visas are allowed to remain in the United States as long as they continue to be full-time students at an American university.

 

 

Do I need a new visa?

 

If you are planning to enter the United States before the Expiration Date on your visa, you will not need to apply for a new visa. This is the case even if you intend to stay in the United States beyond the Expiration Date of your visa. For example, if you plan to enter the United States on October 5, 2005 and the Expiration Date on your visa is October 11, 2005, you will not need a new visa. Since you are planning to arrive in the United States before the Expiration Date, your visa is still valid.

 

What if my visa is Annotated for a certain time period?

 

During the visa interview, consular officials make note of how long each visa applicant plans to stay in the United States. If a visa applicant tells the consular official he or she plans to stay in the United States for a certain period of time, the consular official may make a note of this on the visa itself. For example, a visa may be annotated to state that a traveler plans to stay in the U.S. for two months. However, a final determination on the Authorized Length of Stay rests with the immigration official at the U.S. port-of-entry.

 

What about applying for an Extension of Stay?

 

Travelers are allowed to apply for an Extension of Stay from the Department of Homeland Security. However, any extensions of stay will be reviewed closely at the applicant¡¯s next visa interview. Please bear in mind that the longer an applicant remains away from his or her residence, the harder it will be for him or her to prove convincing ties to that residence.

 

How do I know if I have a Multiple Entry or a Single Entry visa?

 

An ¡°M¡± designation means the visa holder can enter and exit the United States multiple times, as long as the visa is still valid. A ¡°1¡± or ¡°2¡± means the visa holder is allowed to use the visa to enter the United States one or two times, respectively.

 

How are the Visa Validity Dates and the number of Entries determined?

 

The visa validity dates and the number of entries granted are based on reciprocity with other countries. The United States will issue U.S. visas to Chinese citizens that are valid for the same period of time that China grants Chinese visas to U.S. citizens in the same visa class. The visa class is determined by the nature of travel ¨C students, business people, temporary workers and travelers fall under different visa classes. For example, the F1 student visa validity dates and number of entries given by the U.S. Government to Chinese citizens are equal to those granted by the Chinese Government to American Citizen students planning to study in China. The adjudicating consular officer retains the right to abbreviate the visa validity dates or number of entries if there is reason to do so.

 

For more information about visa validity dates, duration of stay permitted and extension of stay, please refer to the State Department Travel Website at:

http://travel.state.gov/visa/temp/info/info_1298.html

Edited by ameriken (see edit history)
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