February 9, 2005

Visa Officer Chat

Transcript/FAQs:

The following FAQs summarize topics of general interest for those with queries for the Visa officers. The information in this document is provided for informational purposes only. US immigration laws are subject to change. Visa issuances are based on the decision by the Consular officer applying US Laws.

Q. User asked: Is it possible for a 5 year old child to have a visa and travel abroad?

A. Yes it is. However, the child must show ties to the Philippines. For a minor, the ties are assessed through the parent’s ties to the Philippines typically.

Q. User asked: I was denied a tourist visa last January and I wanted to apply again -- is there a limit in re-applying for a NIV?

A. You are welcome to apply again, and there is no time limit you need to wait before reapplying. However, you must be prepared to prove that you have strong family, professional and financial ties to the Philippines to convince the officer that you will return.

Q. User asked: Good afternoon! I am a student and I want to have a US visa. What are the requirements?

A. There are non-immigrant visa categories for both academic and vocational studies. If you are accepted by an educational institution in the US, you should receive an I-20 form that allows you to apply for one of these visas. However, student applicants must also be able to demonstrate they are bona fide students and have the necessary financial resources in place to support the education.

Transcripts from February 4th, 2005 chat session on studying in the US are posted here in the Chat archives section. There is a comprehensive discussion on student visas and Studying the US in that archive.

Q. User asked: I am from the US and I need to talk to somebody about taking my care-giver back with me to the US. Would a letter from my Doctor be any good?

A. If you are an American citizen or a permanent resident residing permanently in the US, you must file an immigrant visa petition for a caretaker. Personal or domestic employees who are accompanying or following to join U.S. citizen employers temporarily assigned to the United States must satisfy the consular officer that:

(1) The employee has a residence abroad which he or she has no intention of abandoning;

(2) The alien has been employed abroad by the employer as a personal or domestic servant for at least six months prior to the date of the employer’s admission to the United States;

(3) In the alternative, the employer can show that while abroad the employer has regularly employed a domestic servant in the same capacity as that intended for the applicant;

(4) The employee can demonstrate at least one year experience as a personal or domestic servant by producing statements from previous employers attesting to such experience; and

(5) The employee is in possession of an original contract or a copy of the contract, to be presented at the port of entry, which contains the original signatures of both the employer and the employee.

b. The U.S. citizen employer is subject to frequent international transfers lasting two years or more as a condition of the job as confirmed by the employer’s personnel office, and is returning to the United States for a stay of no more than four years. The employer will be the only provider of employment to the domestic employee, and will provide the employee free room and board and a round trip airfare as indicated under the terms of the employment contract; and

c. The required employment contract has been signed and dated by the employer and employee and contains a guarantee from the employer that, in addition to the provisions listed in item (b) above, the employee will receive the minimum or prevailing wages whichever is greater for an eight hour work-day. The employment contract shall also reflect any other benefits normally required for U.S. domestic workers in the area of employment. The employer will give at least two weeks notice of his or her intent to terminate the employment, and the employee need not give more than two weeks notice of intent to leave the employment.

The interviewing officer will determine whether or not she qualifies under the appropriate provisions of the law.

You both need to sign a contract. A letter from your doctor would help show the purpose of travel. HOWEVER, the caregiver still needs to overcome the presumption that he is an intending immigrant. The interviewing officer makes this determination based on the applicant’s ties to the Philippines.

Q. User asked: I recently became a member of the American Counseling Association and was invited to attend the Annual conference on April at Atlanta, Georgia. However, I am still processing my passport. What are my chances to be approved by the Embassy? What other requirements do I need to prepare for this purpose?

A. When you come for your visa interview, you should bring documents that you think would help explain the reason for your visit and why you would return to the Philippines. These would include documents related to your job, your finances and your assets. However, officers do not use documents as the sole basis of making a decision, so bringing in a particular document will not ensure that you get a visa.

Q. User asked: I have an uncle in US and he is now a US citizen, is it possible for him to petition his sister?

A. Your uncle may petition his sister on what is called a Family Fourth Preference (F4) Immigrant Visa petition; be aware that we are currently only processing F4 petitions filed before November 22, 1982.

Q. User asked: I am a Filipino working here in Saudi Arabia. My girlfriend is a US citizen and we are engaged to be married this year in the Philippines. After our marriage, I will come back here for work. Is it possible to process the Visa here in Saudi Arabia thru US embassy?

A. You may apply for your visa in Saudi Arabia; however, the US consulate in Saudi Arabia may choose to transfer your application to Manila, if they feel that it would be more efficiently processed in the Philippines. Please be aware that once you are given an immigrant (or fiancé) visa, you should plan to reside in the U.S.

Q. User asked: What is the least possible time that a person can petition one of his/her closest family member?

A. Petitions for spouses, minor unmarried children, and parents of American citizens are treated as immediate, though in practice the processing of these visas can sometimes take a year or more. Relatives of non-citizen residents, married sons and daughters of American Citizens, Brothers and Sisters of American citizens and unmarried over-21 children of American citizens generally take longer to petition that the relatives of US citizens. Please see the Visa Bulletin at http://travel.state.gov.

Q. User asked: Can you tell us how to get a working visa?

A. In order to qualify for a working visa you must be petitioned by an employer in the United States. The U.S. Department of Homeland Security accepts applications and approves petitions. Only then can you apply for the appropriate visa.

Q. User asked: I want to attend a family reunion in Washington this June....what visa is needed?.

A. You will need to apply for a B2 visa. This applies for any visitor for pleasure.

Q. User asked: I have an auntie in California... married to a US citizen. Is it Ok for her to petition me?

A. Unfortunately it is not. The only petitionable relationships under US law are those between parents and children, spouses, and siblings.

Q. User asked: My American husband is a permanent resident in the Philippines. His parents are old and sickly. What is the best visa I should get at the spur-of-the-moment in case their health conditions worsen?

A. You may wish to apply in advance for a standard tourist visa. Remember that there is a waiting period for a visa interview, so its best to apply in advance if you are worried about a family emergency. The same rules apply about demonstrating ties to the Philippines even if the purpose of travel is to visit an ill family member.

Q. User asked: My wife is now in Texas and I have two children also in Texas. Is it possible for them to petition me?

A. Yes. If your wife is a US citizen, she should file an IR-1 petition; if she is a green card holder, she should file an F2A petition. She also may be able to speed up the process by filing a K3 petition in addition to the IR-1; this may get you to the US faster, but will slow down the process of your adjustment to immigrant status.

Q. User asked: What do we need for our H1B physical therapy visa?

A. In order to be approved for your H1-B visa to work as a Physical Therapist, your prospective employer will need to file a petition for you with the Department of Homeland Security in the United States. You will also need your VisaScreen certificate. Many applicants go to Guam to take the NPTE exam in order to qualify for the license. This requires a separate B1 visa, for travel to Guam, to take the exam.

Q. User asked: I am applying for a student visa. I understand I have to pay $100 SEVIS FEE will this be refunded in case my visa will be denied?

A. No, the SEVIS fee is not refundable. To qualify for the student visa you must be accepted in the program and demonstrate that you are a bona fide student who can pay the required expenses.

Q. User asked: I have already been to the US on a J-Visa by invitation of the Department of State. I completed the 2-year residency requirement upon return to the Philippines. Can I now qualify for another visa, e.g. tourist, etc?

A. You can apply for the tourist visa but whether you qualify under the law depends on whether or not you show strong ties to the Philippines. The two year rule does not apply to tourist visas, only for other types of petitioned-based visas.

Q. User asked: If I call for interview schedule how long will it take for me to be posted for the interview?

A. The current wait is down to about 35 working days from the time you make the call. The wait time is down substantially from the past, but it can fluctuate depending on many circumstances. Current wait times are also updated regularly on the US Embassy web-site.

Q. User asked: I am nine years old and my father is a US citizen. My problem is that I carry the family name of my mother but with the confirmation in my birth certificate that he is my father. Can he petition me?

A. If your father has been an American citizen since before you were born, you should check with American Citizen services at the embassy to see if you might be eligible for American Citizenship, too. If not, yes, he may petition you, but the burden will be on him and you to prove your relationship to each other.

Q. User asked: I have a sister before she was assisted by a travel agency here who is offering visa assistance. She paid 120,000 and that agency assured her that she can really get a US visa. When she arrived their in Manila everything changes and she was denied. Another case that we heard is this time they involved again in NOn appearnce visa they will require their client with the amount of P300,000 with an exchange of multiple entry visa. How can the embassy help with regards to this problem?

A. Under no circumstances does a travel agency or any other organization have any influence over the visa process. Do not pay any fees in exchange for promises of assistance. Also, note that there is no such thing as a non-appearance visa. Please forward any details about such schemes and the Embassy will look into this matter.

Q. User asked: If issued an immigrant or either non-immigrant visa, does the working visa is included?

A. Employment is not allowed on many classifications of nonimmigrant visas. For example, if you are admitted to the U.S. as a visitor for pleasure (B2) you are not allowed to work. Immigrant visas present no barrier to working in the United States.

Q. User asked: What are the requirements for a journalist wanting to visit the US?

A. Journalists must apply for an “I” visa and establish their professional credentials.