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Electronic Visa Application Form (EVAF)
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Nonimmigrant Visas
Nonimmigrant Visa Frequently Asked QuestionsApplying for the Visa General Questions The Decision Process Questions about Refusals Student Visa Questions Applying for the Visa Where should I apply?
Chinese residents must submit their applications to the U.S. Embassy or Consulate General that has jurisdiction over their place of residence, even if the location where they normally live is different from their "hukou" registration. If you normally live or work in the Shenyang Consular District, you may apply for a visa at the U.S. Consulate in Shenyang. The Shenyang Consular District includes the provinces of Liaoning, Heilongjiang, and Jilin. If you live in an area other than those mentioned above, please apply at the following appropriate U.S. Consulate in China:
Beijing: the municipalities of Beijing and Tianjin, and the provinces of Gansu, Hebei, Henan, Hubei, Hunan, Inner Mongolia, Jiangxi, Ningxia, Shandong, Shaanxi, Shanxi, Qinghai and Xinjiang.
Chengdu: Chongqing, Guizhou, Sichuan, Tibet, Yunnan
Guangzhou: Fujian, Guangdong, Guangxi, Hainan
Shanghai: Anhui, Jiangsu, Shanghai, Zhejiang
Hong Kong: Hong Kong & Macau How long before I plan to travel should I apply for a visa ?
Because of significant demand for U.S. visas, there is usually a wait for visa interview appointments. You may check current visa appointment wait times on the Department of State's website. Additionally, your visa may be subjected to additional administrative processing, which can add an additional three months to the visa processing time. Therefore, we encourage all visa applicants to call the China-wide Visa Information Call Center at 4008-872-333 to make an appointment as far in advance of their anticipated travel plans as possible. If you are a frequent traveler or someone who may be required to travel on short notice, we encourage you to keep your visa valid and apply to renew your current visa before it expires. Please plan ahead and apply early! Thank you for your cooperation. How can I request an emergency interview appointment?
Under certain circumstances, applicants who cannot wait for a normal visa interview appointment may request an expedited appointment. The U.S. Consulate will consider requests for expedited appointments for the following reasons: Emergency medical treatment, for the applicant as well as any person traveling in support of the applicant (for example, parents accompanying a minor child) Family emergency, such as death Urgent business and official travel Under certain circumstances, student and exchange scholars who may require an additional clearance before starting their program
After you have made an appointment with the Visa Information Call Center, please send a fax to the Consular Section, detailing your reason for requesting an expedited visa. All requests will be answered within 48 hours. The Consular Section’s fax number is (86-24) 2323-1465. Should I use a travel agent or other advisor to help me apply?
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 on our website. They may also charge large sums on the promise of enabling the traveler to bypass the visa interview. Furthermore, 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. Can a third-country national apply in China?
While there is no prohibition for third-country nationals to apply, applicants should be aware that anyone who does not have legal permission to reside in China (residence permit, student or work visa) AND has not been living in our Consular district for at least one year will be unlikely to overcome 214(b) immigrant intent. Anyone who does have legal permission to reside in China AND has been living in our Consular district for at least one year should be prepared to show evidence of these facts and will need to demonstrate that he/she possesses a residence in China that he/she has no intention of abandoning. Applicants can prove the existence of such a residence by demonstrating that they have ties in China that would compel their departure from the U.S. after a temporary stay. The application procedures are the same as that for Chinese nationals. Click to see how to make an appointment for a U.S. nonimmigrant visa in China. If you are a national of the U.S. Visa Waiver Program countries, visit the webpage of the Department of State's Bureau of Consular Affairs to see whether you need a visa to enter the United States. Can my spouse and I apply for visas together on the same day if I was refused before while my spouse was not?
Normally, the Consulate gives priority to applicants without prior refusals. Those applicants who have been refused within the past year are required to schedule their re-application interview on a Thursday. You and your spouse may apply together on a Thursday. Who can accompany an applicant to his/her visa interview?
The applicant is the only person allowed into the U.S. Consulate for a visa interview. Relatives, friends, co-workers, employers, lawyers, etc. will not be allowed into the building. However, parents or legal guardians are permitted to accompany any minor child (age 17 and under) to an appointment if the child is applying for a tourist visa. Children under age 14 do not have to appear in person, unless they are applying for a student visa. If the minor child is not present, a parent or legal guardian can apply for a tourist visa on behalf of that child. Parents or legal guardians must provide proof of relationship or legal guardianship status, such as an original birth certificate or other court documents. Please note that applicants for student visas (F/J/M) that are under age 14 must come to the U.S. Consulate in person to be interviewed.
General Questions How long can I stay in the United States?
The U.S. Consular officer who conducts your visa does not decide how long you can stay in the U.S. When you arrive in the U.S., the Customs and Border Protection (CBP) official at the airport will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 records how long you can stay in the U.S., it is very important to keep it with your passport. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S., based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status and could affect your eligibility to obtain visas in the future. Please refer to the http://www.travel.state.gov web site for additional information.
Can I extend my stay in the U.S. beyond the date specified on my I-94?
Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security’s Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services. To learn more about extending your stay in the U.S., please refer to the U.S. Citizenship and Immigration Services website. What do the word “Entries” and the letter “M” mean on the visa?
“Visa validity” generally means the length of time that a visa can be used for travel and the number of times that the visa-holder can travel to the U.S. Validity is measured from the date a visa is issued until the date it expires. To determine how often you may travel to the US on a particular visa, please look at how many entries you were given. If the visa was issued for multiple (or “M”) entries, the visa holder may travel to the U.S. as many times as he/she desires, until the expiration date shown on the visa. If the visa was issued for one entry, it may only be used once during the validity period of the visa. Visas can be issued for any number of entries, from as little as one entry to as many as multiple (“M”) entries, for the same purpose of travel. If you travel frequently as a tourist for example, with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to the U.S. It is important to note that although you have a multiple entry tourist visa, a tourist visa should not be used for work or study in the US. The visa validity is the length of time within which you are permitted to present your visa to a U.S. immigration inspector and request permission to enter at a United States port-of-entry. The visa does not guarantee entry to the U.S. The expiration date for the visa should not be confused with the authorized length of your stay in the U.S., which is decided by the U.S. immigration inspector at port-of-entry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit. For instance if your visa was issued on January 1, 2009 and it expires on December 31, 2009, this means that you can enter the U.S. anytime until December 31, 2009 and can stay in the U.S. for the length of time determined by the immigration inspector; it does not mean that you can enter the U.S. on January 1, 2009 and stay until December 31, 2009. There are circumstances which can serve to void or cancel the period of time your visa is valid. If you overstay the end date of your authorized stay, as provided by the Department of Homeland Security's U.S. immigration officer at port of entry, or by the United States Citizenship and Immigration Services (USCIS), then this action on your part generally will automatically void or cancel your visa. However, if you have timely filed for an extension-of-stay or an adjustment-of-status (click here for information), and have not engaged in unauthorized employment, then this normally does not automatically cancel your visa. If you have applied for adjustment-of-status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the United States. What procedures do I need to follow upon arrival at the U.S. port of entry?
Click HERE to see what procedures you need to go through upon arrival at the U.S. port of entry. I have a current visa in an expired passport and a new passport, can I travel to U.S.?
Yes, you can travel to U.S. with two passports. As long as your current passport will be valid for 6 months from your date of entry into the U.S. and your previous visa will be valid the day you enter. Who can cancel my U.S. visa?
Only a U.S. Government official has the right to cancel a U.S. visa! If someone else cancels your visa, please inform the visa unit by sending a fax to (86-24) 2323-1465. The Decision Process 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 non-immigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of the visa under Section 214(b). The most frequent basis for such a refusal is an applicant’s failure to demonstrate that he/she has ties abroad that would compel the applicant to leave the U.S. at the end of a temporary stay. The law places this burden of proof on each individual applicant. In other words, the law requires that the consular officer to presume that you will not return to China, and it is your responsibility to convince the consular officer 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 a 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 include a good job and a 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. For 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 that they are going to return to their country of origin before a visitor or student visa can be 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 pocket knives), cigarettes and lighters, and liquid in cans or bottles. Useful documents fall into three categories: Family documents, personal financial documents, and business documents. Examples of family documents include 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, contracts, and anything else that might show that you own or are employed by a legitimate company, 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. Why are the visa interviews so short?
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.
Should I conceal the fact that I either (1) have relatives living in the U.S., (2) have applied for an immigrant visa, or (3) have previously been denied a visa?
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 the application to be refused. Questions about Refusals
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 can show that your ties to China are strong enough to compel you to return home after visiting the U.S.
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 compelling enough to prove that you have strong ties outside of the United States that would compel you to return to China. Visa officers consider both the statement made at the window and the other evidence that applicants bring to the interview. In your case, the officer considered your statement along with the other evidence that you brought and concluded that, on the whole, the statement and evidence were not compelling.
Is a denial under Section 214 (b) permanent?
No. If you have new information that 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 are welcome to reapply.
How long must refused applicants wait 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 have not changed 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. If you have been refused and would like to reapply, you should contact the Call Center to schedule an appointment. If you have been refused any time within the past twelve months, you should inform the Call Center of your situation, and they will schedule your appointment on the first available date. You should also note your prior refusal on your DS-156 form, in item number 31. 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. For instance, 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. Why do many of the refused applicants get the same letter of explanation as to why they were turned down?
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 or she will depart the United Sates after a temporary period. Applicants are encouraged to reapply only after their overall circumstances have changed. For example, an unemployed recent graduate may decide to reapply following a sustained period of steady employment. 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 is available to answer inquiries from American citizens from 4:00 to 5:00 p.m. every Thursday. Inquiries will be entertained on a first-come, first-served basis. All American citizens present during this one hour will have an opportunity to speak to an officer. Only American citizens are 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. If I am refused a visa, would it help to have a high-ranking official or an American contact the consulate?
No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They make the final decision 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.
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. Student Visa Questions 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 your studies have ended. In many 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.
Are student visa applicants required to take tests, such 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 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.
I am applying for an F-1, J-1 or M1 visa. 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. This process can take anywhere from two weeks to two months. 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. However, it is not possible for us to adjudicate your case before the review is complete. Please click here for more information on the current processing wait times and other issues related to advisory opinions.
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.
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