Nonimmigrant Visas

Frequently Asked Questions - Visas

1. How can I help my friend get a visa?
   
   Applying for a visa can seem complicated at times, and be a source of anxiety for the applicant. Understandably, many American citizens want to help a friend, colleague or loved one through the visa process.
   
   While the fundamental rule of applying for a visa is that an applicant must qualify based on his or her own circumstances, we present this guide in hopes of demystifying the process for our American readers, and to offer some advice on how you can help.
   
   If you wish to convey information to us in support of an application, please send it directly to the applicant, who can share it with us during his/her interview, or who can include it with his/her documents.
   
   One of the most common misconceptions regarding nonimmigrant visas is that someone can act as a sponsor or offer to guarantee a person's return to their home country. We receive many such well-intentioned letters. Unfortunately, U.S. immigration law makes no provisions for offers of guarantee. The burden of proof is on the applicant.
   


2. What about the visa refusal rate?
   
   It is important to remember that there is no set issuance/refusal rate. The consular officers who adjudicate nonimmigrant visas are obligated to issue all visas that are issuable or to refuse those that must be refused under U.S. immigration laws.
   


3. What is a visa?
   
   If you are a citizen of a foreign country, in most cases you will need a visa to enter the United States.
   
   

   A visa is only permission to come to a U.S. port of entry. It simply indicates that your application has been reviewed by a U.S. consular officer at an American Consulate or Embassy, and that the officer has determined you are eligible to apply for entry to the country for a specific purpose. Consular matters are the responsibility of the Department of State.
   
   A visa allows you to travel to the United States as far as the port of entry (airport, seaport, or land border crossing) and ask the immigration officer to allow you to enter the country. Only the immigration officer has the authority to permit you to enter the United States. He or she decides how long you can stay for any particular visit. Immigration matters are the responsibility of the U.S. Department of Homeland Security.
   
   There are two categories of U.S. visas:
   
   Immigrant visas are for people who intend to live permanently in the U.S.
   
   Nonimmigrant visas are for people with permanent residence outside the U.S. but wish to be in the U.S. on a temporary basis – for tourism, business, temporary work, study, medical treatment, or the like.
   
   U.S. law requires that people who apply for nonimmigrant visas provide evidence that they do not intend to immigrate to the United States. It is up to the consular officers at U.S. Embassies and Consulates to determine eligibility on an individual basis on the merits of each case.
   
   Providing the requested documents does not guarantee that you will receive a visa. There is no entitlement to a visa.
   
   Each person’s personal situation is different, so people applying for the same visa may be asked different questions and be required to submit different documents. Under U.S. law the authority to issue or refuse visas is vested solely in consular offices abroad. Consular officers have the authority to decide whether the evidence submitted in support of an application is sufficient to establish an applicant’s eligibility for a visa. Consular officers may request additional confirmation or documentation depending on their assessment of each person’s situation.
   
   

4. How do I arrange an interview?
   
   You can schedule a nonimmigrant visa interview on the VFS website, or by visiting a VFS office in Mumbai, Ahmedabad, or Pune. A family can schedule appointments for all family members together in the same slot.
   


5. There are no interview slots available and I need to travel urgently. Can I attend an interview without an appointment?
   
   No, you must make an appointment. We have set aside a small number of appointment slots for emergency applications involving humanitarian or medical emergencies and certain unforeseen business-related emergencies. Please note that existing appointments cannot be modified. Applicants seeking expedited interviews should contact VFS at infousmumbai@vfshelpline.com to explain the circumstances necessitating their urgent travel.



6. How long may I stay in the United States?
   
   

   A visa is only permission to come to a U.S. port of entry. Your length of stay in the United States is decided by the United States Citizenship and Immigration Services (USCIS) inspector at the port of entry.
   
   

7. When will I get my passport after the interview?
   
   If you qualify for a visa, the passport with the visa will be returned to you by courier in a few days.
   
   
8. Can I get my passport immediately after the interview?
   
   It is the policy of the Consulate to send your visa to you using our courier service.
   
   
9. What are the penalties for overstaying?
   
   A nonimmigrant who remains in the United States beyond the authorized period of stay or who violates his or her nonimmigrant status may become subject to arrest and deportation.
   
   
10. How do I reapply after a visa has been refused?

214(b) Refusals

If you have been refused under Section 214(b) you may choose to reapply for another personal interview should your personal circumstances change materially. Please be aware, however, that in the absence of any significant change in your situation, it is unlikely that you will be issued a visa. Please consider this when deciding whether to undertake the expense of traveling to the Consulate or Embassy, as well as the expense of a second application fee and courier fee. If you do choose to reapply, you may schedule another appointment. Please see the VFS website for information on the application process.

Please note that if you have been refused under Section 214(b) and you choose to reapply, you will be required to fill out a new application form. In addition, you will also be required to pay the NIV application fee of Rs. 4000 each time you reapply.

221(g) Refusals:

If your visa was not issued under section 221(g) of the United States Immigration and Nationality Act, it means that your application was incomplete or requires further administrative action.

Please follow the instructions that were given to you at the time of your refusal.

• If you have been requested by a Consular Officer to make an appointment and appear in person at the Consulate, please visit the VFS website to make the appointment.
  
• If the letter you received requests you to appear in person at the Consulate without an appointment, please do not make an appointment. Please appear at the Consulate at 10:00 am on any working day, Monday through Friday. The Consulate is closed to visa applicants on the second and last Friday of each month, and is closed for Indian and American holidays.

If you have been requested to wait until the Consulate contacts you, please do not make an appointment. Your case requires further administrative processing and the Consulate will contact you once this has been completed.

If your visa was not issued under section 221(g), you may be required to fill out a new application form. Please refer to the instructions that were given to you at the time of your refusal. No new application fee will be required for a period of one year following the initial application.