Business and Visitor Visas

The usual complaints from applicants who did not get their tourist visa to the US is that the interview is too short, or the consular officer did not bother to look at all the documents they brought, or that there is no appeal possible if the B1 or B2 visa is denied.

Why are the visa interviews so short? In a typical day, a consular officer may need to interview 80 applicants or more, which only allows a few minutes per applicant. However, your DS-160 application form contains most of the information needed to adjudicate the visa. Additional documents are examined only if the consular officer needs to obtain more clarification of your situation.

What supporting documents are needed at the interview? According to the chief of the Non-Immigrant Visa section, extensive documents are not needed. Also, an Affidavit of Support from the US sponsor or relative is not needed. The only important item is the DS-160. The consul can get additional information by questioning the applicants.

So, the Consulate does not recommend that applicants bring large amounts of personal documents to the interview. For the majority cases, the only required documents are a passport, application fee receipt, and the DS-160 confirmation sheet. Most of the information that the consul needs to make a decision is located on the visa application form. In addition to the DS-160, the consul will just ask a few questions and no more documents are needed.

Officers usually don’t examine financial or employment documents because they show facts the officer already understands, or because the information does not change the applicant’s basic situation that is already shown on the application form. 

There are document vendors in Saigon who try to convince visa applicants that they should purchase unnecessary documents containing false information to show during the interview. Under U.S. law, the penalty for providing false information in support of a visa application is a lifetime ban on entry to the United States.

Will a tourist visa be denied if the applicant states on the DS-160 that he has close relatives in the US? Full disclosure is best. The Consulate understands that many people have relatives in the U.S. but they just intend to go there for a short visit. And the Consulate knows that some tourist visa applicants have immigrant visa petitions on file but do not intend to immigrate at this time. It is to the advantage of the applicant to disclose these facts. If an interviewing officer uncovers any attempt to conceal or misrepresent facts, the application will be denied and the applicant may be permanently banned from getting any type of visa in future.

What is the Interview Officer looking for? The officer uses the DS-0160 and the applicant’s statements at the interview to determine if the applicanthas motivation to return to Vietnam at the end of a temporary stay. So, the officer uses the inerview to judge the applicant’s overall circumstances -including social, family, economic, and other ties to Vietnam. The interview can be conducted in Vietnamese or in English, which ever the applicant prefers.

How long can the business or tourist visa applicant stay in the United States? The visa from the Consulate just gives the person permission to enter the US within a certain period. The length of time that a person can stay in the US is determined by the

Department of Homeland Security (DHS) inspector at the port of entry. DHS usually grants permission for the visitor to remain in the U.S. for the amount of time needed to accomplish the purpose of the visit, normally 3 months or 6 months. In some cases it is possible to apply to US CIS to extend the time.

What can someone do in the U.S. on a visitor visa? A B-1 visa holder may go to the U.S. to consult with business associates, negotiate a contract, buy goods or materials, settle an estate, appear as a witness in a court trial, participate in business or professional conventions or conferences, or undertake independent research. For B2 visas, the applicant can go to the US for purposes such as touring, visits to friends and relatives, visits for medical treatment, participation in conventions, or for unpaid participation in musical, sports, and similar events or contests.

If the Consul refuses a Visitor Visa application, can the applicant make an appeal?

If any nonimmigrant visa is denied, it will not be reviewed or reconsidered; there is no appeal process. However, applicants are free to re-apply at any time and any new applications will be adjudicated by a different consular officer. The applicant must follow all of the same procedures as the first application, including paying a new fee and obtaining a new interview date. The Consulate recommends that applicants wait at least six months to re-apply for a Visitor Visa.

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Q.1. The visa that the US Consulate put in my passport is only good for 3 months, but I want to stay in the US for 6 months.
A.1. The 3 month period on the visa just means you must enter the US within those 3 months. When you arrive at the airport in the US, you can tell the DHS officer how much time you need to spend in the US. DHA often gives Visitors six months.

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Q.2. My uncle contacted me to ask if his passport is expired but his US multiple entry visa is still valid. Does he have to apply for a new visa?
A.2. No, he does not need to apply for a new visa; he can use the old and new passport to travel.

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Q.3. Can an applicant’s relatives or attorney attend the visa interview? 
A.3. No third parties are permitted to attend the non-immigrant visa interview. The only exception to this rule is for visa applicants who are under 17 years old. They MUST be accompanied by a parent or legal guardian.

ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888 
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388 
Cty Rang Mi: 47 Phung Khac Khoan, Q1, HCM (848) 3914-7638