Consular Officers and the Visa Process

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Consular Officers and the Visa Process

• NAFSA Association of International Educators
• Region IV Conference
• Tuesday, November 13, 2007

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Todays Session

• General Overview
• Visa Application Process
• The Visa Interview
• Statistics and Trends
• Role of Colleges and Universities
• Further Resources

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General Overview
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Review Visa versus Status
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What is a Visa?
Permission to apply for entry

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What is Status?
Permission to stay in United States for a set
period of time.

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Visa Application Process
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When To Apply

• F-1 M-1 students can apply up to 120 days
  before the Report Date listed on their Form
  I-20
• J-1 no regulatory defined timeframe for
  application

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How to Begin

• Contact Nearest Consulate for an Appointment
• Almost all applicants must be interviewed
• Students and scholars should be receiving an
  expedited appointment
• Appointment wait time and processing time
  information available at www.travel.state.gov

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Sample Visa Wait Times
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What Documents to Bring

• Form I-20 (F-1), DS-2019 (J-1), or I-797 (H, )
• Application Form(s)
• DS-156
• DS-157
• DS-158, if necessary
• Photo
• Passport
• SEVIS Fee Payment Verification (if F, M, or J)
• Application Fee (Machine Readable Visa Fee)
• Issuance (Reciprocity) Fee

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Visa Reciprocity
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The Visa Interview
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Student/Scholar Visa Qualifications

• Visa Requirements - INA 101a15
• Intent to Return (not just ties)
• Financial ability
• Full course of study (for students)
• Language ability
• Some exceptions (A, G, H-1B, O-1)

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Consular Officers Must Consider

• Presumption of Immigrant Intent
• Qualification under the law
• Each case on its own merits
• And if applicable
• Cultural/Religious norms
• Economic and immigration trends
• Fraud trends

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SEVIS Consular View
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Renewals

• Same requirements as initial application
  (including clearances)
• May be possible to waive interview
• May not need a new visa, even if changed schools
• Vast majority are approved
• May apply in Canada/Mexico (check with post)

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Three Possible Outcomes

• Approved
• Refused
• Pending

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First Case Visa Approved
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Second Case Visa Refused

• Most common INA 214b (Nonimmigrant Intent)
• A denial under section 214(b) means that you
  were not able to demonstrate that your intended
  activities in the U.S. would be consistent with
  one of the nonimmigrant visa categories
  established under U.S. immigration law, or, more
  commonly, that you were unable to satisfy the
  requirements of the particular nonimmigrant visa
  category for which you have applied today.

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Second Case Visa Refused

• Another Sample Statement
• The requirements of each nonimmigrant visa
  category differ from one another. However, one
  of the most common elements within the various
  nonimmigrant visa requirements is for the
  applicant to demonstrate that they have a
  residence in a foreign country which they have no
  intention of abandoning.

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Third Case Pending

• Generally, under INA 221g for one of two reasons
• Clearance/review needed
• Applicant must provide additional information,
  e.g.
• Form I-20, DS-2019
• Financial information
• Valid passport
• Active for one year

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Special Clearances

• Country of Birth or Citizenship
• NSEERS
• Country-based requirements
• Personal Info/Characteristics of Applicant
• Database check
• Information from interview
• Fields of Study or Research

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Hits and Clearances

• Visa Lookout Accountability Officers MUST
  address hits before issuing
• Officers CANNOT issue a visa if they are waiting
  for a response on a case

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Security Advisory Opinions

• Most common student clearance averages two weeks
• Extended validities for all clearances 48 months
  for F most countries, 24 months for H and J
• If need be VO will expedite F/M/J
• Follow up on SAOs pending longer than 6 weeks
  through post, Reg Ombuds, or Public Inquires
  Division

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Advocating for Your Applicant(Consular
perspective)

• Prepare the applicant
• The interview is a conversation, not a document
  review
• Burden of proof is on them
• Should I send a letter?
• Have the applicant bring any additional
  information to the interview
• Should I call the consul?
• Check Embassys website for contact information
• Not always possible to discuss case beforehand

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Statistics and Trends
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Fast Facts

• Embassy/Consular Agency/ Consulate/Consular
  Section
• Over 8,000 consular officers worldwide
• Average interview 3 to 5 minutes
• 90 of posts have overall wait times less than 30
  days
• 570 new consular positions worldwide since
  September 2001
• 97 of qualified applicants receive visas within
  two days

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Statistics and Trends

• FY07 Highest number of F/M/Js (651,000) issued
  ever
• 10.2 increase since FY 2006
• 16 more than FY 2001
• Record issuances in China (40 increase), India
  (40 increase), Korea

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(No Transcript)
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Whats Next?

• Fully web-based application
• Unified appointment system
• Online fee payment
• All-electronic visa
• Using technology creatively
• Ten-print collection

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Additional Resources
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Contacting Us

• Specific visa case [phone]
• General info usvisa_at_state.gov
• Wait times/reciprocity www.travel.state.gov
• Policy questions Visa Office, through IssueNet
  or Reg Ombuds
• Meet with us when you travel

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Government Resources

• Code of Federal Regulations (CFR) - Chapter 22
  http//www.gpoaccess.gov/cfr/index.html
• U.S. Department of State Visa Website
• http//travel.state.gov/visa
• Foreign Affairs Manual (FAM)
• http//www.foia.state.gov/REGS/Search.asp
• 9 FAM 41 NIV
• SEVIS Information
• http//www.ice.gov/sevis
• NSEERS information
• http//www.ice.gov/pi/specialregistration/index.h
  tm

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Advocacy via NAFSA

• Open to Everyone! NAFSA membership not required!
  
• NAFSA Advisers Manual
• Soon to be completely online!
• NAFSAs International Student/Scholar Networks
• NAFSAs IssueNet http//issuenet.nafsa.org/
• Get Liaison Help
• Report an Issue

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Questions?
?