BASIC NONIMMIGRANT VISA INFORMATION

 

Citizens of any countries who wish to visit the United States temporarily must first obtain a visa.  Virtually all nonimmigrant visa applicants are required to present sufficient documentation to demonstrate their ties to their home country.  Such evidence is necessary because American law does not allow the issuance of a nonimmigrant visa to people who are presumed to be intending immigrants.  Only those who can overcome this presumption, and who can prove that they have substantial social, family and economic ties to their home country and the financial resources for an expensive trip or course of studies abroad, are qualified to receive tourist and student visas.

It is important to note that the burden of proof is on the applicant.  It is the applicant’s responsibility to prove that he/she can pay for the trip, and has ties in their home country strong enough to bring him/her back promptly.  Documents that show the applicant’s income and finances, the purpose of the trip, and the arrangements to cover the cost of the trip may help to convince the officer.  It is impossible to specify the exact form such documentation should take since each applicant’s circumstances vary greatly.  Each applicant must keep in mind that the interview will focus on his/her credibility and not on the documents presented.

Documents needed for visa interview:

1. All applicants, including children, must have a passport valid for travel to the USA for at least six months.

2. A fully completed and signed visa application form(s); and other forms needed for individual cases;

3. Up-to-date, original documents concerning the business, job, property, income, savings and tax returns.  Bank statements must show all deposits and withdrawals for the last six months.  Letters from banks solely describing account balances or character are not acceptable.

4. All applicants over the age of fourteen must appear in person, except for those qualifying for the drop-box.

5. One recent front face (within the past six months) passport-size photograph;

6.   Demand drafts for the appropriate fees for each applicant.  Write you name, address, and telephone number, and                  passport number on the back of each draft.

A visa’s validity period is the time during which it may be used to apply for admission to the U.S. It does not indicate the length of time the visitor may stay.  The period for which the bearer of a visitor visa is authorized to remain in the U.S. is determined by U.S. immigration authorities at the port of entry.  A visa may not be transferred from one person to another, or used by any person other than the one to whom issued. Applicants should be aware that a visa does not guarantee entry to the United States.  Legally, the visa specifies the period during which the bearer may apply at the port of entry to enter the United States.  The US Citizenship & Immigration Service (USCIS) authorizes the traveler’s admission to the United States and determines the period of authorized stay, not the consular officer.  At the port of entry, an USCIS official may deny admission to the holder of a valid visa if the traveler’s activities will not be compatible with the specified visa category.

VISA FOR STUDENTS

 

The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The “F” visa is for academic studies. The “M” visa is for nonacademic or vocational studies. To apply for a student visa, an alien must present to the consular officer a properly prepared Form I-20, signed by the designated school official, along with a completed Nonimmigrant Visa Application, and other forms needed for individual cases.

You must establish to the satisfaction of the consular officer that you have a residence in your home country that you have no intention of abandoning, and that you will leave the United States when your studies are completed.  Whether there are opportunities to utilize the education or training sought in the U.S. in you home country upon your return is also a relevant factor. You must present current documentary evidence that sufficient liquid funds are available from a specifically designated and reliable financial resource to pay all travel, living and school expenses.  If the support is from the educational institution in the form of a scholarship or assistantship, it should be noted on the I-20 form.  If the support is from a sponsor (normally a very close relative), a notarized Affidavit of Support stating willingness to finance your education expenses, along with evidence of current employment and income.  Evidence of support may also include bank transaction statements for the last six months, certificates of deposit and stocks and bonds. An F-1 applicant must have evidence that he/she has sufficient readily available funds to meet all expenses for the first year of study, and that barring unforeseen circumstances, adequate funds will be available for each subsequent year of study. The M-1 applicant must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of anticipated study in the United States.

You must have completed a course of study required for enrollment at the level of study contemplated, and present transcripts (records of marks for course-work and examinations) of at least the last two years of academic work.  External examinations, such as the TOEFL, GRE, GMAT, SAT, ACH, AP and "O" and "A" Levels, help to establish your seriousness as a student.  In addition, you must show that you have sufficient English for your intended course of studies during the consular interview. Your spouse and child(ren) may also be granted a nonimmigrant visa to accompany or follow you.  Family members must also provide evidence that they will have sufficient funds for their support, and that they will leave the United States when your studies are completed.  If your family applies to join you they must present a current copy of your I20 form. An F-1 student may not accept off-campus employment at any time during the first year of study.  Under certain circumstances, the Immigration and Naturalization Service may grant permission to accept off-campus employment after one year.  F-1 students may accept on-campus employment for the school without Immigration Service permission. Except for temporary employment for practical training, an M-1 student may not accept employment. Spouses sand children of students may not accept employment at any time.

 

 Disclaimer: Information on this web site are of general nature; for specific cases consult an immigration attorney of your choice. Thanks.

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