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USMLE Visa Forum FAQ - Hot - Unanswered
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Quick Scroll Tips: Ask all general questions on US visa here 05.29.06 (2 years ago) #1

Guys, in order to make it more effective, i advice u to post all ur general queries pertaining to US visa here. That ways chances of getting an answer would increase.

For Specific visa queries, post in relevant threads, like:
For Residency visa info and queries:
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For F1 visa info and queries:
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**************************************
What do i do if refused.. few tips from consulate website.

If your application for a nonimmigrant visa has been refused, you will be informed why. The most common refusals are under Section 221(g) and Section 214(b) of the U.S. Immigration and Nationality Act. Other refusal sections are specific, and such refusals will be accompanied by a detailed note.

Under Section 221(g), we are asking for additional information before making a final decision. Often the application is incomplete, or there are additional requirements such as fees, which are specific to your case, or we need a fuller explanation of your purpose or more explanation of your answers to certain questions. Frequently, part of question 34 was unanswered or unexplained or the application was unsigned. Often, we want to know more about your employment and legal residence in Australia or elsewhere and we could like to see additional evidence about your work and social commitments. Sometimes, certain petitions supporting the visa are missing or incomplete.

When refused under section 221(g), you should provide us the information and/or documents requested, together with the refusal letter and your passport. If you submit the information and/or documents within a year of the application, you will not have to pay another application fee. Once we receive the new information, we will review your application and make a final decision.

Refusals under Section 214(b), mean we understand your situation but have decided against issuing you a visa because you have not overcome a legal presumption that you are using the visitor visa to immigrate or work illegally in the United States.

Applicants can overcome this legal presumption by proving to the consular officer’s satisfaction that they will use the visa appropriately and that they have a residence abroad to which they will return after a temporary visit to the United States. In our evaluation of the applicant’s claim of residence abroad, we will consider the person’s career, financial, property, social, family and other commitments overseas. As a consequence, an applicant who does not have a permanent career or other relationship to India or elsewhere is more likely to be refused than a person who has obvious ties and obligations. The applicant who has only an uncertain future, indefinite plans in the U.S. and unclear finances is likely to be refused under section 214(b). Applicants who are not legal permanent or long-term residents in India also are more likely to be refused because they are either unsettled, between careers and residences, or because we cannot evaluate their claims to ties outside our consular district.

Each applicant is evaluated individually to obtain a total picture or their situation when they apply. Comparison with other successful applicants is of little value in making appeals, which is done by submitting a new application and explaining why your circumstances merit re-consideration. Your new application should include additional information or documents that emphasize or clarify aspects of your work, social and family ties and plans that, when taken together, support a conclusion that you will leave the U.S. after a temporary visit and that you will not misuse the visa during your stay in the United States.

If you are refused after having submitted additional information, you should reconsider your travel plans. It may be that you should build up your ties in India or elsewhere outside the U.S. to establish concretely that you indeed are settled, so that future applications for visas can be viewed more favorably. The fact that you were refused once under section 214(b) does not mean you will be refused again in future. A refusal under section 214(b) means that, at this time, under your present employment, social or other circumstances, the consular officer was not satisfied that you had met U.S. visa requirements.

If you reapply after being refused under Section 214(b) INA, you must complete a new application and pay another application fee.
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Quick Scroll Info on visa denials 06.02.06 (2 years ago) #2

Visa Denials

Liza was excited. In three days her friend Timothy would come visit her in the United States. Suddenly, the phone rang. Liza couldnt believe her ears! Sadly, Timothy told her, "I cannot come...the consul said I am 214(b)."

On any given day throughout the world some visa applicants find themselves in Timothys situation. They hear the consular officer say, "Your visa application is refused. You are not qualified under Section 214(b) of the Immigration and Nationality Act." To be refused a visa when you are not expecting it causes great disappointment and sometimes embarrassment. Here is what a 214(b) visa refusal means and what applicants and friends can do to prepare for a visa reapplication.

WHY IS THERE A VISA REQUIREMENT?

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.

WHAT CONSTITUTES "STRONG TIES"?

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

As a U.S. citizen or legal permanent resident, imagine your own ties in the United States. Would a consular office of a foreign country consider that you have a residence in the United States that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the United States at the conclusion of a visit abroad. Each person's situation is different.

Our consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

IS A DENIAL UNDER SECTION 214(B) PERMANENT?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Your friend, relative or student should contact the embassy or consulate to find out about reapplication procedures. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

HOW CAN I HELP?

You may provide a letter of invitation or support. However, this cannot guarantee visa issuance to a foreign national friend, relative or student. Visa applicants must qualify for the visa according to their own circumstances, not on the basis of an American sponsor's assurance.

WHAT CAN YOU DO IF AN AQUAINTANCE IS REFUSED A VISA UNDER 214(B) FOR LACK OF A RESIDENCE ABROAD?

First encourage your relative, friend or student to review carefully their situation and evaluate realistically their ties. You can suggest that they write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Your acquaintances should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.

WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.
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Quick Scroll US Visa advice required 06.03.06 (2 years ago) #3

Can somebody clear something up for me?

I am a British national holding a modern valid Passport. I have a drink driving conviction from 10 years ago. Do I need to apply for a visa through the US embassy? or am I entitled to the waiver free program to travel in the US as atourist for up to 90 days?

If I require a visa can I take an interview and apply for the visa in another country other than my country of origin? for example Taiwan.

Many thanks for any advice given.
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Quick Scroll 06.05.06 (2 years ago) #4

hey simv

visit the vfs-usa[snip] website and look up the B1 visa section.

duration depends on time to get interview appointment. after your interview they take up to 1 week for the visa to be stamped and passport returned (tho its supposed to be done in 3 days)

fees come up to 4600+ 2300

hope that helps
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Quick Scroll 06.05.06 (2 years ago) #5

why not check out the website of the US embassy. they will list out those entitled for a waiver.
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Quick Scroll CSA visa chances 06.07.06 (2 years ago) #6

    hai friends ,iam new to the forum and an mle aspirant.i am giving my step2 in july and want to go for csa visa after the score comes.how do my chances stand ,will writi ng step1 hamper my chances.
    please give your suggestions ,bye
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Quick Scroll 06.20.06 (2 years ago) #7

its really difficult to get a visa.It all depends on vo mood
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Quick Scroll US Visa Info 06.21.06 (2 years ago) #8

Hi,

I currently live in the United Kingdom and have done all of my life, I hold a modern day EU passport and plan to move to the United States.

At the moment, I don’t have a job or anything sorted within the United States, as when I have tried applying for jobs online they ask whether or not I am allowed to legally work within the United States, which I’m obviously not.

Now, I have browsed the US Embassy London website and have had no luck, and have searched the internet and had no luck.

I have passed a-levels with a grade A for travel and tourism and a grade B for ICT computing, now I know these qualifications are appreciated and fond to be quite high within UK companies, but I have a feeling US companies won’t understand what an A-Level is, and I can’t inform them of what it is equivalent to in the US as I’m not sure.

Basically, I want to move out to the USA and work within a customer service position for an airline. I easily meet the criteria for many position advertised.

I would appreciate ANY help on the best way to starting work and living within the United States, such as where to start, who to contact, when to contact etc etc. As much information as possible is appreciated.

Thank you in advance,

Sam
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Quick Scroll visa renewal 07.13.06 (2 years ago) #9

hi everyone,
am on H4 right now.
i 've come to hear that when there are more universities welcoming u if u dont giv them visa hassels.
so what if i can get an H1 visa from some employer and present it to the university who r willing to giv me admission.
has anyone heard of a similar situation with friends.
i'll be highly gr8ful if anyone knows anything regarding this.
thanks
and gud luk to everyone
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Quick Scroll 07.14.06 (2 years ago) #10

@SamG.. This being a medico forum, we have thin idea about ur query. By whatever i've read in US visa forums on net, u should try to go to US on a B1/B2 visa and then personally meet up prospective employers. That might work.. Good luck! icon_smile.gif
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