Non-Immigrant Visas
Frequently Asked Questions
I am an American Citizen and I would like to invite my relative/Friend to visit me in the U.S. Do I have to send them an invitation? What do you want me to write in the invitation?Please note that an invitation letter from a US Citizen is neither a prerequisite to the issuance of a visa nor a guarantee that one will be issued. Therefore, we have no specific format or wording for it. Since the applicant would present his/her documents to the interviewing officer only during his or her interview, invitation letters should be sent or faxed to the invitee and not to our office. How much is the application fee? Why is it non-refundable?The application fee is currently $131 . The fee is non-refundable if the applicant is refused because it is a processing fee and not an issuance fee. My child is one month old does [s]he need a visa? If yes, do I have to pay the fee for him/her even though he is on my passport?Yes. A child must have a visa at the time of travel regardless of the child’s age or whether or not s/he is added on a parent’s passport. Also, the processing fee must be paid for each visa applicant. How long in advance of my intended date of travel should I apply for a US visa?We recommend highly that applicants start the application process about 3 months in advance of their intended date of travel. Visa applications are now subject to a greater degree of scrutiny than in the past. Many applicants are informed of the need for additional screening at the time they submit their applications and are being advised to expect delays. The time needed for adjudication of individual cases will continue to be difficult to predict. We recommend that individuals build in ample time before their planned travel date when seeking to obtain a visa. I had several US visas before. Why do I have to schedule an interview again?New regulations mandate that all applicants renewing or applying for U.S. visas appear for ten fingers scans and an interview with a consular officer. Unless the applicant is under 14 years of age or over 80 years old, s/he must appear for an interview. I have a valid US visa but I was turned away back at the port of entry?Issued tourist visas remain valid until their expiration date, so as long as the visa holder has done nothing to cause the visa to be automatically cancelled. That would include but is not limited to: overstaying the legal amount of time given for any previous visit, committing a felony, and such acts. Despite the validity of the visa, however, it is the decision of the Bureau of Citizenship and Immigration [BCIS formerly known as the INS] to allow a person to enter the United States. By definition, a visa is permission to approach the port of entry. The immigration officer at the port of entry will determine whether or not a traveler may enter. I have a valid visa but my passport has expired. What should I do?Generally, you may staple the expired passport that contains the valid visa to the new passport. I am an American citizen and I would like to appear with my elderly mother/ relative/ friend for his/her interview but the guards at the gate say they cannot let me, why?No one may accompany a visa applicant to an interview unless the applicant is a minor incapable of communicating in any language spoken by the Embassy staff without the assistance of a certified interpreter, or in need of physical assistance for an obvious medical infirmity. By law, information from a third party is not germane to the determination of visa eligibility. Visa eligibility is determined by an American consular officer's evaluation of the individual applicant's personal situation with respect to his or her home country and his or her compelling reasons to return to that country after a short stay in the United States. I am not a Yemeni citizen. Can I apply for a visa in Yemen?While applicants of any nationality can apply for a visa in Yemen, it will be more difficult for a consular officer to determine your eligibility if you are not a resident of Yemen. We suggest you apply in the country where you currently reside. However, if you do live in Yemen, you can apply for a visa in Yemen if you bring documents showing your ties to Yemen, such as a job, school, or family. You should also expect questions about your ties to your home country as well. How long can I stay in the United States?Your length of stay will be determined by the immigration official at the port of entry upon arrival in the U.S. If you have a student or work visa, the immigration officer will admit you for “Duration of Status,” that is, until you are no longer a student or are no longer working for your sponsoring company. My valid visa expires two days after I need to travel to the United States. Can I travel with this visa?Yes. You may travel to the United States at any time during the validity of the visa. The duration of your visit in the U.S. is not determined by the length of visa validity, but by the immigration official at the port of entry when you arrive in the United States. My visa application was denied. Can I reapply?Yes. There is no restriction on the number of times a person may apply for a visa. However, without additional evidence of binding social, familial, or economic ties that demonstrate a compelling need to return to Yemen after visiting the United States, there may be little reason to apply a second time. It may be prudent to wait until there is new evidence of such ties before reapplying. We recommend waiting at least a year before reapplying for a visa. I am traveling through the U.S. on the way to another country. Do I still need a visa?Yes. You must apply for a B1/B2 tourist/business visa. Why is there a visa requirement?The U.S. is an open society. The U.S. 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 U.S., 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. Why was my application for a nonimmigrant visa denied?It was denied because you were found ineligible under Section 214(b) of the U.S. Immigration and Nationality Act (INA). Section 214(b) requires applicants for nonimmigrant visas to show that they meet each of the requirements for a visa in a particular visa category. An applicant for a nonimmigrant visa, a temporary visit for business, pleasure, or studying, is required to demonstrate that he or she has a permanent residence abroad and intends to depart the U.S. at the end of the authorized stay. Unfortunately, you have not shown that you have sufficient family, social, or economic ties to your place of residence to ensure that your projected stay in the U.S. will be temporary. What is Section 214(b) and what does it mean?Section 214(b) is part of the U.S. Immigration and Nationality Act (INA). It states: What are "ties to Yemen"?"Ties" are the aspects of life that bind people to their places of residence, including, but not limited to, possession, family relationships, employment, education and prospects in Yemen. As each person's situation is different, there is no set answer to what constitutes adequate ties. I provided all the documents, but my application was turned down anyway. Why?Consular officers refer to documents only if they can provide additional insight into the case. The application form, if completed thoroughly, contains the information needed to adjudicate the visa. If additional documents are required, the officer will ask for them during the interview. The officer's final decision is based mainly on the oral interview. Do letters of guarantee of return from a person of high stature help get a visa?letter, even from a U.S. citizen, rarely establishes the applicant's ties to their home country. U.S. law requires each applicant to qualify for a visa in his or her own right. Will it help my application if I present a letter from my relative's U.S. Congressman or Senator?Such letters are considered, but the applicant's intentions are still the key to the adjudicating officer's decision. Why are the visa interviews so short? I was asked only a couple of questions.Consular officers interview dozens of applicants each day and they develop skills that allow them to focus on the relevant information without delay. Isn't it better not to disclose that I have close relatives living in the U.S., that I have an immigrant visa petition on file, or that I have previously been denied? Full disclosure is best. Close relatives and pending immigrant petitions do not necessarily disqualify an applicant. Family ties are just one of many factors used in determining ties to one's home country. What happens if I conceal or misrepresent information or submit fraudulent documents?If the consular officer uncovers any attempt to conceal or misrepresent, the visa will usually be denied and the applicant may, in certain cases, be ruled permanently ineligible to enter the U.S. Is a denial under Section 214(b) permanent?No, a consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the U.S. All the applicant need do is reapply for a nonimmigrant visa and bring the new evidence to the visa interview. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably. Do you have to pay the Visa Application Fee (131 USD) again to reapply?Yes, the fee is for each application. Who can influence the consular officer to reverse a decision?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. |