GLOBAL VISAS & CONSULAR VISA PRACTICE      back to list

With the post-9/11 increase in security measures and resulting delays both in visa processing and at ports of entry, expert legal counsel is more imperative now than ever. Consular practices vary from location to location, and advance planning is essential. Consular processing may or may not be warranted, desirable, or possible, depending on the visa applicant's particular situation.

The Department of State and other U.S. government agencies have been engaged in an extensive and ongoing review of visa-issuing practices as they relate to national security. Visa applications are subject to a higher degree of scrutiny than in the past. For most applicants, a personal appearance interview is required, and applicants may need additional screening at the time of submission of their application. Application forms have been revised, and there are new procedures for inspection and admission. In addition, there are now special visa processing procedures for applicants from designated "state sponsors of terrorism," including North Korea, Cuba, Syria, Sudan, Iran, and Libya, as well as new requirements for registration of foreign students.

There are numerous types of nonimmigrant and immigrant visas, which do not necessarily guarantee entry into the U.S. but allow the holder to appear at a U.S. port of entry to apply for admission. Eligible international travelers may apply for visas to travel to the U.S. for a variety of reasons, including temporary or permanent employment, permanent immigration through a family member, or temporary travel for business, tourism or to seek medical treatment. Visa applicants must apply for and obtain an appropriate visa consistent with their planned activities.

Delays in visa processing are common, so applications should be filed well in advance of planned travel. Before seeking admission to the United States, an international traveler needs to review his or her visa status and find out if a U.S. visa or renewal will be required. Applications for renewals or revalidations of E, H, I, L, O, and P nonimmigrant visas must now be submitted abroad, generally in the country of residence. Visa wait times for interview appointments and visa processing vary by embassy or consulate, as do procedures for paying fees, scheduling appointments, and other crucial steps in the process. Applicants should be prepared for a fingerprint scan as part of the visa interview, and possible additional screening.

For immigrant visas, there are a variety of documents required in connection with the application process in addition to the application itself, such as job offer letters, medical and police clearances, and documentation to demonstrate that the applicant is not likely to become a public charge.

Once the appropriate U.S. visa stamp has been obtained, international travelers must apply for admission at a U.S. port of entry. Admission is not guaranteed. Refusals of admission at the port of entry can happen for a variety of reasons, leading not only to disappointment or embarrassment but also to more dire immigration consequences. The most frequent basis for refusal of admission to a nonimmigrant concerns the requirement that a prospective visitor possess a residence abroad that he or she has no intention of abandoning. The burden of proof is on the applicant to prove ties abroad that will compel him or her to leave the U.S. at the end of his or her stay. Most such cases are decided after a brief interview and review of whatever evidence the applicant presents, so advance preparation is essential. Reapplication requirements in the event of a denial can be tricky.

Paparelli & Partners LLP can help you navigate the complexities of consular visa processing and the subsequent admission process. For an overview of the types of nonimmigrant and immigrant visas available, see Nonimmigrant Visas, Family-Based Immigration, and Labor Certifications & Employment-Based Petitions.