How Do I Prepare for a Nonimmigrant Visa Interview Without Paying a Lawyer?

Most nonimmigrants are required to obtain a visa from a U.S. Consulate abroad before they can be admitted to the U.S. The only exceptions are that citizens of Canada are not required to obtain a visa at all (unless they are applying for E or
K nonimmigrant status); and participants in the Visa Waiver Program may enter the U.S. without a visa for certain limited purposes.

Once a person is admitted to the U.S. as a nonimmigrant, he can change his status or extend his stay past the expiration date on his visa. He is only required to get a new visa if he plans to travel outside the U.S. and return to his former
status.

Certain visa categories, such as H-1B Specialty Occupation and L-1 Intracompany Transferees, require that the applicant first have a petition approved by USCIS on form I-129. For other statuses, such as E-1/ E-2 Treaty Trader or Investor, R-1 Religious Worker, or B-1 Business Visitor, a visa
application can be made directly to the consulate without first filing a petition with USCIS. This article covers only how to prepare for those nonimmigrant visa interviews for which a petition has already been approved by USCIS. The information herein may be useful to applicants for other visas, but it will by no means detail all of the documentation that would be required to prove eligibility, for example, for an R-1 visa where there is no underlying petition already approved by USCIS.

Scheduling the Appointment

If you are booking an appointment at a consulate in Canada or Mexico, they are booked electronically through www.nvars.com. For information on booking appointments at other consulates, visit the individual consulate's web site. A list of links to consulate web sites is available at http://usembassy.state.gov/.

Paying the Fees

There is a non-refundable $100 Machine Readable Visa (MRV) fee for every visa application. In addition, reciprocity fees may apply. A table of reciprocity fees is available at http://travel.state.gov/visa/reciprocity/index.htm. Each consulate has a different procedure for payment of these fees. Some require them to be paid in U.S. dollars, others in local currency. Some require them paid prior to the visa
interview at a local bank or post office, while others accept payment at the consulate. Again, information on payment of fees is available on the individual consulate's web site.

Filling Out Forms

Every nonimmigrant visa applicant must complete form DS-156. This form is available for download at the State Department web site. Many consulates now require the DS-156 to be filed electronically. Information as to whether DS-156 must be filed electronically is contained on the individual consulate's web site.

In addition to filing form DS-156, men aged 16-45 are required to file form DS-157, which is also available online for download.

Supporting Documents

The consulate will need proof that USCIS has approved a petition on your behalf. You will need to bring a copy of the visa petition as well as the original approval notice. In addition, the consulate can request proof that you have maintained your status. You should bring 2-3 recent pay stubs to show you are still employed by the same employer, as well as an updated letter from your employer stating that you are still employed in the position described in the underlying, approved petition.

The Consular Officer could question any material element of your eligibility for the status granted to you by USCIS. In some cases, consular officers refuse to grant visas to individuals who already have approval notices from USCIS. In
those cases, the Consular Officer will send the petition back to USCIS for review. USCIS may revoke the petition in its discretion. Therefore, it is important to document any questionable aspect of the petition, such as, in an H-1B petition, proving that the individual holds the equivalent of a 4 year U.S. bachelors degree which is related to the occupation; or that a degree is required for an entry level position in the occupation. For an L-1 petition, such information could include
whether the company at which the applicant worked abroad is actually related to the U.S. company to which he has been transferred; or that his job is really managerial, executive, or requires specialized knowledge. Documentation to prove these items should have been included in the petition. However, the applicant should be familiar with how it was documented, and if there are any issues that are complex, he should be prepared to offer additional documentation
at the consulate to prove that element of the application.

Visa Issuance

Visas are generally issued the day after the interview, but issuance time varies from consulate to consulate. Information about how long it takes for a visa to be issued is available on the consulate's web site. If the consulate denies the application, it can issue a "soft" denial or a "hard" denial. A soft denial would be under section 221(g) of the Immigration and Nationality Act, and is a simple refusal to issue a visa based on the paperwork submitted. These denials can be overcome by submission of additional documentation at a subsequent consulate interview. A "hard" denial could also
fall under 221(g), if the Consular Officer decides to return the petition to USCIS for revocation. However, it could also fall under other sections of the Immigration and Nationality Act, if the Consular Officer finds that the applicant has committed
fraud, or is inadmissible to the U.S. for some other reason. "Hard" denials are much more difficult to overcome.

USCIS to Use Internet to Conduct Investigations During Adjustment of Status Interviews

AILA attorneys are reporting that the USCIS office in Tampa, Florida is using the internet to investigate applicants' address and employment history. During one recent interview, the officer used the following services to determine the bona
fide nature of marital relationships in family-based cases, as well as to verify information presented by applicants in oral and documentary testimony:

1.) www.choicepoint.com- an investigative service- the site announces that one of its clients is the immigration service
2.) Lexis Nexis
3.) Department of Motor Vehicles (DMV)- to verify the address information presented

It is suspected that other USCIS offices besides Tampa will be implementing this procedure, if they have not already.

Highlights from Social Security and Department of Homeland Security Liaison Meeting with the American Immigration Lawyers Association (AILA)

On March 21, 2005, AILA met with representatives from the Social Security Administration and the Department of Homeland Security to discuss Social Security issues affecting immigrants. Below are highlights from their discussion:

USCIS regulations provide that K-1 visa holders and the spouses of L-1 and E-1/E-2 Nonimmigrants may work in the U.S. "incident to status," meaning without obtaining an Employment Authorization Document (EAD). Nevertheless, USCIS has adopted the rule that E and L spouses must apply for and obtain EAD before working. In its meeting with Social Security, USCIS agreed that it would provide Social Security with confirmation that L-2 dependent spouses, K-1 fiancees, and E-2 and E-1 dependent spouses were working incident to status under 8 CFR 274a.12(a) and thus did not need to have an EAD card to obtain a Social Security Number.

How to Correct Social Security Records

AILA asked how a non-citizen can correct his or her Social Security records if there are name discrepancies between Social Security records and birth, marriage, or other records. Social Security stated that when an alien has married
and shows the Social Security Administration an identity document in the married name, SSA can update the record after verifying the applicant's immigration status and issue the person a card in the new name. If the person does not have
a current immigration status but has a pending application for an immigration benefit, SSA can update the record with the new name information when the applicant submits an identity document showing the married name, but cannot issue a new card showing the married name.