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Nonimmigrant Visa FAQ

Last Update: July 17, 1997

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

Quick Index

   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
     interan
     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, 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 Embassy?

     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 to fill out forms which are available free in
     our office. They also charge large sums on the promise of enabling the traveler to bypass the visa interview. However, all
     applications submitted by travel agencies are given careful scrutiny and, when appropriate, applicants are called in for
     interviews. Further, our experience shows that many applicants are coached by intermediaries to provide answers which
     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, we suggest you email
     them to us at NIV.BJ@dos.us-state.gov.

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) (10) 6532-3178.

Q21: What if I have other questions about applying for a U.S. visa?

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