FAQ (Frequently Asked Questions) U.S. VisaDepartment of
State, Bureau of Consular Affairs
Q: Who can I call for information on visa cases and
what can they do about specific visa cases?
A: You can call the Visa Services Telephone
Inquiries Branch. The number is (202) 663-1225. this contains
recorded information for visa applicants. After listening to one
message, there is an option to speak to an officer between 8:30 A.M.
and 5:00 P.M. EST. They can usually explain what aspects of
immigration law and regulation are applicable in certain cases. They
can also check if a case has been returned to the State Department
for an advisory opinion. Q: When should I call the Immigration and Naturalization Service?
A: Once an individual is in the United States, they come under
Immigration and Naturalization Service (INS) jurisdiction. You can
call the INS toll free at 1-800-755-0777 Q: What is an advisory opinion?
A: It is an opinion rendered by Visa Services when a post has a
question about the interpretation of immigration law and needs the
State Department to make a determination on a point of that law.
Q: What about visa denials? What can Visa Services in Washington do?
A: Visa Services does not exercise authority to change consular
officers’ decisions on visa applications, but they can assist in
finding out the status of an application. They can also suggest
several different methods for getting the information addresses for
letters, telexes, faxes, and, in emergency situations, cables. If
you have some facts on an individual case, they can frequently
explain the legal grounds for refusal and any possible avenues of
relief, for example.
Q: What if I have sent correspondence to a foreign service post and
have not received a response?
A: Visa Services may be able to suggest other channels.
Q: What is the difference between an immigrant and a nonimmigrant
visa?
A: An immigrant visa is the visa issued to persons wishing to live
permanently in the United States. A nonimmigrant visa is the visa
issued to persons with permanent residence outside the U.S. but who
wish to be in the U.S. on a temporary basis; for example, tourism,
medical treatment, business, temporary work, or study.
Q: How can an alien become a legal permanent resident or Green Card
holder?
A: To become a legal permanent resident, an alien must first be
admitted as an immigrant. There are two basic methods for obtaining
an immigrant visa: 1) through family relationship with a U.S.
citizen or legal permanent resident, or 2) through employment.
Specific information is available from the
Immigration and
Naturalization Service in the U.S. by calling (2020 514-4330.
Q: What is the difference between an immediate relative petition and
a preference petition?
A: An immediate relative petition can be filed by a U.S. citizen on
behalf of a spouse, parent, or child. A preference petition is filed
by a U.S. citizen on behalf of a son or daughter, by a legal
permanent resident on behalf of a spouse, son or daughter, or child,
or by an employer on behalf of an employee.
Q: What is the process for obtaining an immigrant visa?
A: An alien must be sponsored by a relative or employer, who files
the appropriate petition with the Immigration and Naturalization
Service (INS). INS approves the petition, it is forwarded to the
National Visa Center in Portsmouth, New Hampshire. The National Visa
Center then informs the beneficiary that an approved petition has
been received and provides instructions on next steps. As soon as a
visa number is available on a preference petition or as soon as INS
approves an immediate relative petition, the National Visa Center
sends the beneficiary a packet which includes, among other things:
OF-169 (the cover letter listing the documentation necessary for the
immigrant visa interview), OF-179 (Biographic Data for Visa
Purposes), and OF-167 (Evidence which May Be Presented to Overcome
the Public Charge Provisions of the Law).
Q: How can an applicant learn why he/she was denied a visa at a post
overseas?
A: An applicant is always told the reason for denial, orally or in
writing. If an applicant does not understand the reason for denial,
or wishes to offer further evidence to overcome the denial, he/she
should contact the post where the application was made to determine
that post’s reapplication policy.
Q: What can an applicant do if he/she has been denied? Can he/she
appeal?
A: You should know that all denials are reviewed by a senior
consular officer. There is no “appeal” process per se on visa
denials, but an applicant can re-apply for a nonimmigrant visa if
he/she can present new evidence to overcome the previous grounds for
refusal. Some high-volume posts require that a significant period of
time (six months to one year) elapse before reapplication with new
qualifying evidence. By law, the U.S. consul must be persuaded that
the applicant has permanent residence abroad to which he or she
intends to return after a temporary stay in the U.S.; otherwise, the
consul must presume that the applicant is planning to remain in the
U.S. permanently. Since a nonimmigrant visa is not intended for
someone who plans to stay permanently, the consular officer must
refuse the visa.
Q: How can the applicant persuade the consul?
A: This is generally done by showing evidence of family, social,
employment, financial and other ties to the home country that will
compel a return from the U.S. Having a permanent residence abroad is
a requirement for tourist, business, student, exchange visitor, and
some temporary worker visas.
Q: How can a U.S. sponsor help me?
A: Unfortunately, there is little a U.S. sponsor can do to help an
applicant qualify. The amount of money the U.S. sponsor has is not
relevant; there is no way the U.S. sponsor can guarantee that the
applicant will leave the U.S. at the end of his or her stay. It is
up to the applicant to show that he or she meets the requirements.
Q: How do I get forms?
A: if forms begin with the letter I, it is an INS form and the
applicant will need to call them. The number to call for forms is
1-800-870-FORM. If you are looking for the form OF-156 (Nonimmigrant
Visa Application), the visa applicant should get it from a U.S.
embassy or consulate overseas. If you have questions about packet 3
or 4, you need to call the National Visa Center at (603) 334-0700.
Q: How do I become a U.S. citizen?
A: You need to call the INS about the examination and the
naturalization process.
Q: I lost my “Green Card.” What should I do?
A: You need to call the INS, who issues Green Cards to legal
permanent residents.
Q: How can I enter the visa or
Green Card lottery?
A: Contact
U.S. Lottery Registration for “The Diversity Visa Lottery
Packet #IT-AD. |
