THE ABC'S OF IMMIGRATION - CONSULAR PROCESSING FOR NONIMMIGRANT VISAS

This week we discuss nonimmigrant visa processing US consulates.  In light of the recent State Department announcement that it was halting third country national processing at consulates in Canada and Mexico, this is a timely issue.

Nearly every person who wants to come to the US temporarily will require a visa.  Citizens of the 29 countries in the Visa Waiver Program can enter for up to 90 days for business or pleasure without a visa.  Mexicans can enter for limited time and distance with a border crossing card, and Canadians rarely require a visa.  Otherwise, the vast majority of the millions of people who enter the US each year require a visa.

The process for obtaining a visa can vary from consulate to consulate, but there are some basic common elements to the process.  The essential element in obtaining any nonimmigrant visa (except for H-1s and Ls) is that the applicant must prove their nonimmigrant intent.  This means that they must satisfy the consular officer that they will leave the US after their authorized period of admission is over.  This involves showing ties to one’s home, such as family, employment, etc.

The visa application is most often made at the consulate in the applicant’s home country, but there is no rule against applying at any consulate.  However, it can be more difficult for third country nationals to obtain a visa, and almost no consulates will issue treaty trader or treaty investor visas for third country nationals.  Also, if the applicant has overstayed a previously issued visa, they are required to return to the consulate in their home country to obtain a new visa.

The application is made on Form DS-156, and must include photographs of the applicant.  The consulate may also have special forms.  Other documents required depend on the type of visa sought.  For visas in which INS approval is required, evidence of the approval is required.  For student visas, an I-20 or IAP-66 issued by the school is required.  Also, the applicant must have a valid, unexpired passport. 

If the visa application is denied, there is no possibility to review that decision.  If it is granted, a machine readable visa is placed in the applicant’s passport.  The visa will state what class of visa it is, for how long it is valid, and how many entries for which it is valid.