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FAQs

Frequently Asked Questions

General Questions

Issuances and Refusals

Misrepresentation

Student Visa Questions

General Questions
How long before I plan to travel should I apply for a visa?
Please apply for your visa well before your travel. While we strive to return passport with issued visas within a few hours, factors beyond our control sometimes delay their return for several days or even months. Moreover, because of the huge number of applications we receive it is not possible to interrupt our service to the majority of applications in order to accommodate someone who failed to seek his visa in a timely manner.
Also please bear in mind that during the busy summer months and around holidays visa interview wait times may be longer than usual, so please plan ahead.
For appointments please contact the Visa Information Call Center at 4008-872-333 For current appointment wait times please visit http://travel.state.gov/visa/temp/ temp_1305.html.

Should I use a travel agent or other advisor to help me apply?
This matter is a personal decision for you to make. However, in most cases it is not necessary for you to hire a travel agent it to assist you with your application. Travel agents will often charge you to fill out forms that are available for free. They may also charge large sums on the promise of enabling the traveler to bypass the visa 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 misleading answers often puts the entire application in doubt. If you have particular questions about our procedures, we suggest you contact our Visa Information Call Center at (86) 4008-872-333 if calling from China or (86-21) 3881-4611 if calling from overseas.

Issuances and refusals
How do you decide whether or not to issue a visa?
Section 214(b) of the U.S. Immigration and Nationality Act (INA) 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 a visa ...that he is entitled to a nonimmigrant status...

 

 

 

To qualify for a visitor or student visa, an applicant must satisfy this section of the U.S. immigration law. Neglect of this requirement necessarily results in a refusal of the visa under Section 214(b). To satisfy 214(b) the prospective visitor or student must prove that he possesses a residence abroad that he has no intent to abandon. An applicant shows the existence of such a "residence" by demonstrating ties to another country that would compel him to depart the U.S. at the end of a short stay. The law places the burden of proof entirely on the applicant. In other words, the law requires the consular officer to presume that you will not return to China on time, and it is up to you to prove that you must.

Consular officers have a difficult job. They must decide in a 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 the applicant presents.

What are the strong ties?
Strong ties differ from country to country, city to city, individual to individual. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, and social or family relationships. Some examples of ties are a good job and stable income, a house or apartment, a car, close family relationships, bank accounts, etc. Consular officers are trained to look at each application individually and consider professional, social, cultural and other factors. With younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicant's 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.

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

What documents should I bring as evidence of compelling ties to China?
Please remember that certain personal items should be left at home, and will not be allowed in the Consulate because they pose a potential threat to the safe environment of the Consulate. These items include: electronic devices (including laptop computers, mobile phones, and PDAs), metal objects (including picket knives), cigarettes and lighters, and liquid in cans or bottles.
Useful documents fall into three categories: Family documents, personal financial, and business documents. Examples of Family documents are your hukou, marriage certificate, birth certificate of child, academic degrees, or professional licenses. Personal financial documents can include a deed to your residence, bank account passbooks, certificate of deposit, or an automobile registration. Business documents may include a business license, letters of credit, bills of lading, invoices, and anything else that might show that you have a going concern, which provides you with a healthy and steady income. This is only a list of examples; there are many other documents that may become relevant in any individual case.

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 that you can read it in advance of my interview?
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.

If I bring all the documents listed above, does that mean that I get a visa?
No. The above list is only a selection of things that may help you prove that you are entitled to a visa. You can bring everything on the list and it may prove that you lack any significant ties to China whatsoever. What matters is the content of the documents not merely bringing them to your interview.

I presented all the documents I was told to bring, but my application was turned down anyway. What else should I bring?
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 circumstance would be adequate to compel you to return home after visiting the U.S.

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?
Our experience shows that being an only son has not deterred many travelers from remaining indefinitely in the U.S. 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.

When I applied for a visa, I told the officer I would return to China after a short stay in the U.S. Why didn't the officer believe me?
We are required to evaluate your overall situation in reaching a decision. Your statement that you intend to return 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 that 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.

Is a denial under Section 214 (b) permanent?
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 circumstance have changed significantly since your last application and you can now better establish convincing ties outside of the United States, you should reapply.

Do refused applicants have to wait three to six months before reapplying?
There is no time restriction on resubmission of 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 that 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.

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?
The legal basis for most visa refusals is the same: Section 214(b) of the INA. In most refusal cases, the applicant fails to show strong enough or stable enough ties outside the United States to convince the officer that he applicant will depart the United Sates 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 exits, which would prove satisfactory in all cases. Applicants are encouraged to reapply when their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment.

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 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 actually circumstances.

If my visa application is denied, would it help to have a high ranking official or an American friend contact the interviewing officer?
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.

Why are the visa interviews so short? I was refused after only a couple of questions and the interviewer hardly looked at my documents?
The visa officers handle thousands of applications each 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 question. 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.

Can my American friend speak with a visa officer about my case?
In order to afford American Citizens an opportunity to speak directly with a consular officer, the Visa Unit in Shenyang makes an officer available from 5:00 to 5:15 p.m. Monday through Thursday. Inquiries will be entertained on a first-come, first-served basis. All American citizens present during these fifteen minutes will have an opportunity to speak to an officer. No one is to be admitted after 5:15 p.m.
Only American citizens will be allowed to take advantage of this opportunity; citizens of other countries (including Legal Permanent Residents of the United States) will not be afforded this opportunity.

What can I do if have a complaint about the application process or my case?
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 (024) 2323-1465.

Misrepresentation
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?
No. Tell the truth. If your ties to China are adequate to overcome the presumption of immigrant intent (INA Section 214 (b)), 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.
No. Tell the truth. If your ties to China are adequate to overcome the presumption of immigrant intent (INA Section 214 (b)), 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.

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?
The risks of fraud are serious. Applicants who provide incorrect information, conceal relevant facts, present fraudulent documents 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 application to be refused.

Students
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?
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 only one factor we consider.
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 only one factor we consider.

Must applicants take such tests as TOEFL, SAT, GRE, and GMAT, in order to obtain a student visa? Is any particular score on these exams needed to get a visa?
Applicants are generally not required to take any particular tests to qualify for a visa. However, we note that motivated and serious student visa applications 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.

I am an F-1/J-1/M1 application. My case is being reviewed by the Consulate. What can I do to expedite my application?
Your patience is highly appreciated. According to the latest U.S. Department of State regulations, applications for studies and research in certain academic fields need advisory opinions from Washington. It takes a minimum of four weeks. Once the review is complete, the Consular Section will notify you of the outcome. You may call the Consular Section to check on the status of your case or leave your best phone number of contact. However, it is not possible for us to adjudicate your case before the review is complete.

What if I have other questions about applying for a U.S. visa?
Please visit the Consulate's Visa Information web pages to find out more. For additional information please see the Department of State's web site at www.travel.state.gov, or contact the Visa Information Call Center 4008-872-333 if calling from China or (86-21) 3881-4611 if calling from overseas. Questions about specific visa cases may be faxed to Nonimmigrant visa unit at (86-24) 2323-1465.