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Nonimmigrant Visa FAQ
Last Update: March 4, 2004
The United States welcomes foreign
visitors. We are pleased that more than one hundred thousand people
from the PRC travel to the United States each year for business, visiting
relatives, studying, or for other purposes. We hope this guide answers
some of the most frequently asked questions about U.S. visas.
PRC citizens traveling to the United States must have a valid U.S. visa. There are two primary types of U.S. visas, immigrant and nonimmigrant. Immigrant visas are issued to those who intend to reside permanently in the United States ('green card' holders). Under U.S. law, immigrant visas are generally reserved for persons who are close relatives either of U. S. citizens or of persons with permanent resident status in the United States, or for people hired to work in the U.S. at jobs in which it has been determined that there are not enough skilled Americans to perform. CONSULATE CHENGDU DOES NOT PROCESS IMMIGRANT VISAS. All immigrant visas are processed at our Consulate in Guangzhou. For immigrant visa information, please see the Guangzhou Consulate’s web site at http://www.usembassy-china.org.cn/guangzhou. Nonimmigrant visas are issued to those who intend to enter the United States for a temporary stay and who intend to depart the United States at the end of their stay. U.S. law establishes separate classifications of nonimmigrant visas for tourism, business, temporary employment, study, transit, investment, training, and other purposes. QUESTIONS AND ANSWERSQuick Index
QUESTIONS AND ANSWERSQ1: How much does it cost to apply for a visa and how do I schedule an appointment?
Note: Non-immigrant visa appointments will no
longer be made by calling the US Embassy or an individual consulate
directly -- all non-immigrant visa appointments will be made through
the Visa Information Center. Our offices are closed on American and Chinese holidays. There is a RMB 830 visa application fee payable at one of Chengdu's designated CITIC Industrial Banks. A receipt will be issued and payment is non-refundable under any circumstances. The bank can be reached at 028-8666-8888, ext. 242. The following designated branch offices currently provide this service:
Q2: How long before I plan to travel should I apply for a visa?A: Please apply for your visa well before the date you intend to travel. While we strive to return passports with issued visas the same business day between 3:30 and 4:00 p.m., factors beyond our control sometimes delay the return of passports for several days. Moreover, because of the huge number of applications we receive it is not possible to interrupt our service to the majority of applicants in order to accommodate those applicants who fail to apply for a visa early enough. Q3: How do you decide whether or not to issue a visa?A: The interviewing Consular officer must apply the provisions of the U.S. Immigration and Nationality Act (INA) in determining whether an applicant is eligible for a U.S. visa. One of the most important points in the INA that an officer is called upon to apply is Section 214(b). That section states: "Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of the application for a visa ... that he is entitled to nonimmigrant status...." This means that our officers are required by law to view each visa applicant as an intending immigrant until the applicant proves otherwise. Your proof may come in many forms, but when considered together, it must be enough for the interviewing officer to conclude that your overall circumstances, including a permanent residence and other ties abroad, will compel you to leave the United States at the end of a temporary stay. No single document, certificate, or guarantee letter can be regarded as sufficient for this purpose. Because of the volume of applications received, visa officers must decide after a brief interview whether someone is qualified to receive a visa. Applicants should therefore be prepared to present their case clearly and concisely, since the application must otherwise be denied. Q4: Is a denial under Section 214(b) permanent?A: No. If you have new information which was not presented to the interviewing officer at the time of your first application or if your overall circumstances have changed significantly since your last application and you can now better establish convincing ties outside of the United States, you may reapply. Q5: Do refused applicants have to wait three to six months before reapplying?A: There is no time restriction on resubmitting an application after a refusal. If you have additional information or supporting documentation to present which is substantially different from your initial application you are encouraged to reapply. If your circumstances are unchanged and you will present only evidence which has already been reviewed recently by an officer, your chances of gaining approval on a second or third application are much lower. In such cases, it is probably better to wait until your personal circumstances have changed significantly before reapplying. Q6: I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?A: The problem is not the documents. Rather, your current overall situation (as supported by those documents) was not adequate to overcome the presumption that you are an intending immigrant. Remember, U.S. law says that you are an intending immigrant until you show that your overall circumstances would be adequate to compel you to return home after visiting the U.S. Q7: Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?A: The visa officer handles thousands of applications every year. Based on this experience, we are able to quickly review the application form and supporting documents in order to narrow the range in which questions may need to be asked. Keep in mind, most of the information we need is already supplied on the application form itself, so there is usually no need for the officer to ask more than a few additional questions. We often need only to verify your identity or clear up one or two points. Also, if the interview were longer, you would end up waiting in line for a considerably longer time. In order to be fair to all applicants and to provide everyone an equal opportunity to establish eligibility, we must work quickly and efficiently. Q8: I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?A: No. Tell the truth. If your ties to China are adequate to overcome the presumption of immigrant intent (INA section 214b), a tourist visa will be issued. Problems arise if you mislead the interviewing officer as to your intent in visiting the United States. Once a misrepresentation is made, we may find it difficult to believe other information you have supplied. Q9: When I applied for a visa, I told the officer I would return to China after a short stay in the US. Why didn't the officer believe me?A: We are required to evaluate your overall situation in reaching a decision. Your statement that you intend to return to China is helpful, but under the requirements of U.S. law the statement alone is not adequate to show you have strong ties outside of the United States which would compel you to return to China. It is not that the officer did not believe you. Rather, the officer considered your statement along with the other evidence you brought to your interview and concluded that, on the whole, the evidence was not compelling. Q10: I have been accepted by a U.S. school that issued me an I-20. Why isn't that enough for issuance of a student visa?A: The approved INS I-20 is just one piece of the information the interviewing officer must consider when deciding whether a visa may be issued. Remember, under Section 214(b) of the U.S. Immigration and Nationality Act, you still must prove that you will leave the United States after the purpose for which you entered the United States comes to an end. In student visa cases, the applicants may intend to stay in the United States for many months and even years pursuing a course of study. Consequently, we must consider your overall circumstances when deciding whether to approve a student visa. Student visas must be denied if it appears that the applicant's primary purpose of travel is not to obtain an education, but, rather, to facilitate an indefinite stay in the United States. The fact that a school has admitted a student to study and issued the student an I-20 is, therefore, only one factor we consider. Q11: Why do many of the refused applicants get the same letter of explanation as to why they were turned down? For example, shouldn't the reason be different for a student visa applicant than a tourist visa applicant?A: The legal basis for most visa refusals is the same: section 214(b) of the INA (see question 5). In most refusal cases, the applicant fails to show strong enough or stable enough ties outside the U.S. to convince the officer that the applicant will depart the United States after a temporary period. Many refused applicants believe there is a document or a special way to answer our questions that will enable them to successfully reapply for a visa days or weeks later. However, as the problem for applicants refused under section 214(b) lies in their overall situation, no single answer or document exists which would prove satisfactory in all cases. Applicants are encouraged to reapply only when their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment. Q12: What are some examples of adequate ties to China?A: Often the interviewing officer considers your job, work history, family, and financial circumstances. "Ties" are the various aspects of your life that bind you to your place of residence such as your possessions, employment, social and family relationships. In cases of younger applicants who may not have had an opportunity to establish such ties, interviewing officers may look at the applicant's specific intentions, family relations, educational status (is the applicant in the middle of an academic program?), grades, and long-range plans and prospects in China. As each person's situation is different, there is no magic answer as to what constitutes sufficient ties. For example, one person may have a thriving business in China which he or she would be unlikely to abandon, while another may have close and convincing ties to a house and family here, or a promising career. Q13: I will certainly return to China because my parents are here. I am the only son in my family and I need to return so that I can take care of my parents. Why did the officer say I have insufficient ties to compel me to return?A: Our experience shows that being an only son has not deterred many Chinese travelers from remaining indefinitely in the US. While this factor may be one among others relevant to an individual's personal circumstances, it would not usually, in itself, be sufficient to establish eligibility. Q14: My company and my American friend have both written letters guaranteeing that I will return to China. Why isn't that considered to be enough proof that I actually will return?A: A guarantee letter, like other forms of written documentation, will be considered by the interviewing officer. However, a letter, by itself, does not establish the applicant's ties to outside of the United States. Similarly, pledges from highly placed persons that you will return to China do not automatically enable applicants to overcome section 214(b). This is because U.S. law does not permit visa officers to delegate to others their authority to evaluate the applicant's actual overall circumstances. Q15: I have a letter (or fax) to show you which will help you understand my situation and my strong ties to China. Can I send it to you so you can read it in advance of my interview?A: You should bring any information, including your letter, to the interview. Mailing it to us in advance will not be helpful. The visa interview is the proper setting for us to consider the information in your letter. Q16: Shouldn't I conceal the fact that I have close relatives living in the United States, that I have an application to immigrate on file, and that I have previously been denied a visa? What are the consequences if an applicant conceals or misrepresents information or submits fraudulent documents to the consulate?A: The risks of fraud are serious. Applicants who provide incorrect information, conceal relevant facts, or misrepresent their cases may become permanently ineligible to enter the United States. All approved applications are checked against computer records to see if certain information on the application was truthfully presented. It is common in China for an applicant to have relatives in the United States or a petition to immigrate on file. These factors by themselves will not prevent approval of your application. Misrepresentation of these facts, however, risks causing your application to be refused. Q17: Must applicants take tests such as the TOEFL, SAT, GRE, and GMAT, in order to obtain a student visa? Is any particular score on these exams needed to get a visa?A: Applicants are generally not required to take any particular tests to qualify for a visa. However, we note that motivated and serious student visa applicants often take such tests when seeking admission to schools in the United States. The fact that a student has taken one or more of these tests may help show the seriousness of the applicant's study plans. Q18: If my visa application is denied, would it help to have a high ranking official or an American friend contact the interviewing officer?A: No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. Additionally, United States law is designed to insulate the decisions in visa cases from outside influences. An applicant can influence a reversal of a prior denial only through presentation of new convincing evidence of strong ties. Q19: Should I use a travel agent or other advisor to help me apply?A: The matter is a personal decision for you to make. However, in most cases it is not necessary for you to hire a travel agent to assist you with your application. Travel agents will often charge you large sums and you will still need to appear for an interview. Further, our experience shows that many applicants are coached by intermediaries to provide answers that are misleading. While the truthful answer would not have harmed the application, the discovery of a misleading answer often puts the entire application in doubt. If you have particular questions about our procedures, please call 028-8558-3992, Monday to Thursday, 4:30-5:30 p.m. Q20: What can I do if I have a complaint about the application process or my case?A: All visa applicants are entitled to courteous, efficient, and consistent treatment. If you feel you were treated improperly during the processing of your visa application, you should write to the Consul General and describe the circumstances. Your concerns will be investigated and corrective action taken where justified. Our fax number is (011) (86) (28) 8554-6229. Q21: What if I have other questions about applying for a U.S. visa?A: If you have other questions not answered here, please
access the Department of State’s Non-Immigrant Visa Information Page
at Q22: If I traveled to the U.S. previously, do I need to be interviewed again before receiving subsequent visas?A: If you have traveled to the U.S. previously using a B-1 (business), B-2 (tourist/visitor), F-1 (student), or J-1 (exchange scholar) visa and your last visa expired less than one year ago and you are applying for the same type of visa, you may drop off your visa application and application fee receipt at the Consulate for adjudication. Students and exchange scholars do not qualify for this service if they have changed schools, organizations, or educational programs since receiving their previous visa. The consular officer reserves the right to require such applicants to appear for a subsequent interview if there are questions unanswered by the application and supporting documentation. Q23: Do Seamen applying for C1/D visas require a visa interview and where should they apply?A: The United States Department of State has recently revised the relevant laws and regulations concerning the waiver of personal appearance for individuals applying for nonimmigrant visas. Based on these changes, effective August 1, 2003, seamen in China applying for C-1/D visas must interview in person at the U. S. Embassy or Consulates General. Seamen holding private passports should call the U.S. Consular post where they normally reside to schedule an interview appointment.
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