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发信人: toughguy (~.~小葱伴豆腐^_^), 信区: AdvancedEdu
标  题: Nonimmigrant Visa FAQ
发信站: BBS 水木清华站 (Fri Jun 19 18:48:09 1998)

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.

This guide answers some of the most frequently asked questions about U.S.
visas. If you have other questions not answered here, you may contact the
Embassy by email.

INTRODUCTION

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.

EMBASSY BEIJING DOES NOT PROCESS IMMIGRANT VISAS. All immigrant visas are
processed at our Consulate in Guangzhou, reachable at (86)(20)888-8911.

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 ANSWERS ( To be continued in the near future. )

1.Where and when may I apply for a nonimmigrant visa to the United States?
  How much does it cost?
2.How long before I plan to travel should I apply for a visa?
3.How do you decide whether or not to issue a visa?
4.Is a denial under Section 214(b) permanent?
5.Do refused applicants have to wait three to six months before reapplying?
6.I presented all the documents I was told to bring, but my application was
  turned down anyway. What else should I bring?
7.Why are the visa interviews so short? I was refused after only a couple of
  questions and the interviewer hardly looked at my documents?
8.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?
9.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?
10.I have been accepted by a U.S. school which issued me an I-20. Why isn't
  that enough for issuance of a student visa?
11.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?
12.What are some examples of adequate ties to China?
13.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?
14.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?
15.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?
16.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 Embassy?
17.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?
18.If my visa application is denied, would it help to have a high ranking
   official or an American friend contact the interviewing officer?
19.Should I use a travel agent or other advisor to help me apply?
20.What can I do if I have a complaint about the application process or my
   case?
21.What if I have other questions about applying for a U.S. visa?

QUESTIONS AND ANSWERS

Q1: Where and when may I apply for a nonimmigrant visa to the United States?
How much does it cost?

A: Applications for nonimmigrant visas are received between 8:30 and 11:00 a.m.
Monday through Friday at the American Embassy at 2 Xiu Shui Dong Jie. Our
offices are closed on American and Chinese holidays. There is a RMB170 visa
processing fee.                                                 ------ 注：涨了

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 following business day
between 3:00 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 specially 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 officers handle almost 100,000 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 which 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 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.

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