AP/WWP Photo by Marcio Jose
Sanchez
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This article provides a guide
to the basics of the visa process,
as well as a glossary of specialized
terms, and sidebars which provide
information about biometrics,
recent rules affecting travelers,
and some statistics about travel
to the United States.
Like any host country, the United
States needs basic information about
its guests: who they are, when they
are arriving and when they will depart.
This information is obtained by issuing
visas. Most citizens of foreign countries
need visas to enter the United States,
but the vast majority of the people
who wish to visit the United States
are able to do so.
- In 2004, nearly three-fourths
of all applicants for a U.S. visa
were successful. An even greater
majority of those seeking student
visas—about 80 percent—received
approval.
- In addition, the United States
had a 12-percent increase in the
number of business and tourism
travelers and a four-percent increase
in the number of students who came
as nonimmigrant visitors last year.
Visas
A visa is a permit allowing you
to apply for entry into a country's
borders. Under U.S. law, the Department
of State has responsibility for issuing
visas. One of its consular officers,
after looking at your documents and
conducting a short interview, decides
whether you qualify for a visa—a
process called "adjudication." Consular
officers have the final say on all
visa cases.
Just as an application does not
guarantee you will get a visa, a
visa does not guarantee entry to
the United States. It simply indicates
that a consular officer has reviewed
your application and determined that
you are eligible to travel from your
country to a U.S. port-of-entry for
a specific purpose.
At the port-of-entry, an immigration
officer decides whether to grant
you admission to the United States.
Only a U.S. Department of Homeland
Security immigration officer has
the authority to permit you to enter.
It is highly unusual, however, for
a traveler holding a valid visa to
be denied entry.
The Process
To obtain a visa and enter the United
States, you must begin by completing
an application form, DS-156 [http://evisaforms.state.gov].
Contact the U.S. Embassy in your
country [http://travel.state.gov/travel/tips/embassies/embassies_1214.html] to make
an appointment. Take your application,
passport, a photograph, and supporting
documents to the embassy or consulate,
where you will be interviewed about
the purpose of your visit. You must
also pay an application fee, currently
$100. The visa allows you to travel
to a U.S. port-of-entry where an
official will again look at your
travel documents before granting
you permission to enter the country.
There has been little change in
that straightforward process since
the September 11, 2001 terrorist
attacks, although there have been
changes in various procedures in
order to address increased security
concerns:
- All males between the ages of
16 and 45 are required to complete
an additional form, DS-157, to
provide a detailed history of their
previous travel and their affiliation
with various institutions. Consular
officers can request that this
form be filled out by other applicants
as well.
- All student and exchange visitors,
regardless of nationality, must
complete a supplemental application
form and be enrolled in SEVIS by
their sponsoring institution.
- Almost all persons requiring
visas must have a face-to-face
interview with a consular officer.
Previously, consular officers could
waive the requirement for an applicant's
personal appearance, and some travel
agents could submit applications
for their clients. Because this
is no longer the case, over the
past three years the State Department
has greatly increased the number
of its consular officers and worked
to improve appointment scheduling
systems.
- Technological systems have been
put in place to electronically
share visa files and law enforcement
and watch-list information, as
well as to track student enrollments.
Since 2004, the technology, the
consolidation of databases, and
the correction of problems within
these systems have been dramatically
improved and backlogs reduced.
- Since 2004, embassies have been
instructed to expedite the processing
of visas for students and business
travelers. As a result, consular
posts have set up special appointment
times and now give priority to
scheduling and processing these
visas.
- The United States and many other
countries are moving toward tamper-resistant
machine-readable visas, passports,
and other entry-exit documents
that contain digital photographs
and biometric indicators, such
as fingerprints. For instance,
finger scans are taken during the
visa application process and again
on arrival in the United States.
- Information on the identity of
all passengers is provided to U.S.
immigration officials by all commercial
ships and airplanes en route to
the United States.
- Passengers who would normally
require a visa to enter the United
States must now have one even if
they are just in transit, traveling
on a carrier that stops in the
United States on its way to another
destination.
The requirements and costs for a
U.S. visa are similar to those of
other democracies; and the need for
a visa, additional fees charged,
and any restrictions imposed are
based on reciprocity with other nations—that
is, they match the requirements that
other countries place on U.S. citizens
wishing to travel there.
Plan Ahead: Waiting Times
Although the average amount of time
it takes to get a visa has been noticeably
reduced recently, it is still very
important to plan ahead and start
the visa application process as soon
as you begin your travel planning.
It takes time to fill out the forms,
assemble the documents you will need
to show the consular officer, and
get an interview appointment.
Because your and every applicant's
circumstances are unique, the process—and
the time involved—varies. Individuals
wishing to study or work in the United
States, for example, need to fill
out additional forms and provide
more documentation than tourists.
Similarly, the average waiting time
to get an interview appointment varies
by country. U.S. embassies post their
estimated wait times at http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php.
If you are a student or business
traveler, check for expedited appointments.
The State Department is committed
to making the visa application process
easier to understand, and a list
of important resources can be found
at the end of this journal.
The Interview
It is extremely important that you
be well prepared for your visa interview.
Not only must you bring a completed
application form, the paid application
fee receipt, your valid passport,
and a photograph that
meets certain criteria, you must
provide documentation showing that
you intend to return to your home
country at the end of your stay.
If you are applying for a student
visa, you must also have a receipt
showing that your SEVIS I-901 fee [http://www.ice.gov/graphics/sevis/i901/faq2.htm] has
been paid.
The consular officer will conduct
a short interview, during which you
will be asked to explain your reason
for wanting to visit the United States,
and review your documents. In addition,
your two index fingers will be recorded
by a special, inkless digital scanner
as part of the US-VISIT
program's security precautions,
and your identity will be checked
against databases containing the
names and records of people who are
ineligible for visas or whose applications
require additional review.
You will be told whether your application
has been approved or denied at the
end of the interview. Most approved
visas are delivered within one week.
If there are security concerns, however,
it may take a few weeks to resolve
the issue through additional screening.
Should you be denied a visa, you
can always re-apply with additional
documentation, but each time you
do so, you will have to pay the non-refundable
$100 visa application fee.
Visa Denials
The consular officer is required
to look at each applicant's individual
circumstances and apply U.S. immigration
laws accordingly.
The most common reason for being
denied a visa is the inability to
show that your ties to your home
country are so strong that it is
highly unlikely you would try to
illegally stay in the United States.
This refusal is commonly known as
214(b). "Ties" are the
various aspects of your life that
bind you to your country of residence.
This requirement to prove that you
have a residence abroad and which
you have no intention of abandoning
is part of U.S. law, the Immigration
and Nationality Act [http://www.ufafis.org/visa/visadenials.asp].
You can demonstrate your intent
to return home by showing things
that would compel you to leave the
United States at the end of a temporary
stay: a job or enrollment in an academic
program in your home country; family
members still living there; substantial
property holdings such as a house
or money in a local bank account,
etc. There is no distinct group of
documents that you must present to
the consular officer or set of circumstances
that will guarantee visa issuances,
but the facts of your case must be
convincing. The law places the burden
of proof for meeting this residence
abroad requirement on you.
If you are refused a visa for failure
to prove you will return home, and
your circumstances later change,
or you have gathered further evidence
of your ties, you may reapply, but
you will be charged another application
fee.
Consular officers are aware of the
cultural and social differences that
can define ties in different countries
and understand that younger applicants
may not have had an opportunity to
form many significant financial attachments.
They consider all these circumstances
when adjudicating visas.
Other reasons for visa denials include
having a contagious disease, a criminal
history, or association with terrorist
activities.
Following are some terms you may
find helpful in deciphering the visa
code. Links to more comprehensive
explanations are provided at the
end of each definition.
Glossary of Visa-Related
Terms
AP/WWP Photo by Sergey Ponomarev
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Biometrics: Biometrics
are the means of identifying a person
by biological features that are unique
to each individual, such as fingerprints
or eye scans of the complex patterns
in one's iris.
Biometric identifiers protect you
by making it extremely difficult
for anyone else to assume your identity,
even if your travel documents are
stolen or duplicated. They guarantee
that the person carrying a passport
or visa is the person to whom it
was issued.
[http://www.dhs.gov/dhspublic/display?content=4542]
AP/WWP Photo by Bobbie Hernandez
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Border Crossing Card (BCC): The
Mexican-U.S. border-crossing card,
allowing card-holders to move easily
through border immigration controls,
is available to qualified travelers
to use as a B1/B2 (business/tourist)
visa. It contains many security features,
is valid for 10 years, and is often
called a "laser visa."
Even before the 2001 terrorist attacks
occurred, U.S. law stipulated that
all BCCs must contain a biometric
identifier, such as fingerprint,
and be machine-readable. The BCC
program then became the model for
subsequent U.S. secure entry/exit
procedures.
[http://travel.state.gov/visa/immigrants/info/info_1336.html]
E-Passport: An e-passport
is a high-tech, machine-readable
passport containing an integrated
circuit (chip) that can store biographic
and biometric
information about you, as specified
by the United Nations International
Civil Aviation Organization (ICAO).
The U.S. electronic passport will
contain only a digital image of the
facial portrait of the bearer on
the chip. That image, when compared
to the actual bearer using facial
recognition technology, will provide
a formidable deterrent to passport
fraud.
The chip, embedded in the back cover,
will also contain biographical data
that can be compared with the information
found on the biographic data page
of the machine-readable passport
as a precaution against any attempt
to alter it. A digital signature
will protect the data stored on the
chip from alteration.
The intelligent chip uses technology
designed to be read from a distance
of four inches (10 cm) or closer.
To mitigate concerns relating to
the possibility of secret skimming
of data from the chip, the United
States will include an anti-skimming
feature in the passport that will
reduce the threat of skimming when
the passport is closed. The United
States is also seriously considering
the use of Basic Access Control (BAC)
to reduce the possibility of skimming
or eavesdropping when the passport
is read at ports-of-entry. BAC is
similar to a PIN system in that it
will require that characters from
the machine-readable zone on the
data page of the passport be read
first in order to be able to access
data from the chip.
The United States intends to issue
e-passports at all its domestic passport
agencies by October 26, 2006 and
will require all countries participating
in the Visa Waiver Program (VWP)
to also begin issuing e-passports
by that date.
If you already have a VWP machine-readable
passport issued before October 26,
2006, you need not replace it with
an e-passport until its regular expiration
date.
[http://www.cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/fast/]
AP/WWP Photo
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Free and Secure Trade (FAST): To
expedite secure commercial traffic
across borders, the United States,
Mexico, and Canada participate in
the electronic FAST program, coordinating
common risk-management principles,
supply-chain security, industry partnerships,
and advanced technology to screen
and clear business shipments.
This voluntary government-business
program allows known, low-risk participants
to receive faster land border processing
of their shipments through dedicated
travel lanes and reduced examinations,
even during periods of high risk
alerts. To qualify, trucks must be
from an approved carrier, the goods
must be from an approved importer,
and the driver must hold a valid
FAST commercial driver identification
card.
In Mexico, there are two additional
requirements: the goods must be made
by an approved manufacturer and must
adhere to high-security seal requirements
as they move through warehouses,
brokers and other handlers.
[http://www.dhs.gov/dhspublic/interapp/content_multi_image/content_multi_image_0021.xml]
Machine Readable Passports
(MRPs): A machine-readable
passport (MRP) is required to enter
the United States without a visa
if you are a citizen of one of
the countries participating in
the Visa Waiver Program (VWP).
These passports carry biographical
data in two lines of encoded type
that allow customs and border patrol
officers to quickly identify you
by using an electronic reader.
The data is the same information
printed inside a regular passport:
your name, gender, date and place
of birth, passport number, and
dates of issue and expiration.
In addition, MRPs follow the standards
established by the United Nations
International Civil Aviation Organization
for passport size, photo requirements,
and data field organization. MRPs
allow legitimate visitors to be
processed swiftly, while alerting
immigration officers to those individuals
who may pose a potential threat
by rapidly comparing the encoded
information to law enforcement
databases.
If you are a VWP traveler who arrives
in the United States without a machine-readable
passport or a visa, do not expect
to be granted entry. In fact, you
will probably not be allowed to board
a carrier to get to the United States
without an MRP.
Check with your nation's passport
agency if you are not sure if your
passport is machine-readable.
[http://www.dhs.gov/dhspublic/display?content=4499]
NEXUS: Frequent
travelers between Canada and the
United States should consider applying
for the existing NEXUS program designed
to simplify land, air, and sea border
crossings for pre-approved, low-risk
travelers between the two nations.
Applicants are interviewed, provide
a biometric scan, and undergo a background
check. Both countries must agree
to a person's inclusion in the program.
Once approved, NEXUS travelers are
issued a photo-identification card
that allows them to move quickly
through border inspections via dedicated
travel lanes.
This voluntary program has been
in place since 2002. A single application
is sufficient to meet both the U.S.
and Canadian requirements for enrollment.
Group travelers should be aware,
however, that everyone traveling
together must be a member of the
program in order to use a NEXUS line.
[http://www.cbp.gov/xp/cgov/travel/frequent_traveler/]
Non-immigrant Visa (NIV): When
you wish to travel to the United
States for a temporary period—as
a tourist, for business, or to take
part in an academic program—you
are classified as a nonimmigrant.
National Security Entry/Exit
Registration System (NSEERS): NSEERS
is a special registry for non-immigrant
visitors who, based on intelligence
criteria, are identified as posing
an elevated security concern for
a variety of reasons.
The program requires these visitors
to check in periodically to verify
their location, and to show that
they are complying with the terms
under which they were granted admission
to the United States, such as attending
classes if on a student visa, not
engaging in illegal activities, and/or
not staying beyond their visa expiration
date.
Following the September 2001 terrorist
attacks, NSEERS was put in place
as a first step toward developing
a full entry and exit record of non-immigrant
visitors. With the SEVIS and US-VISIT
databases now in operation, there
is no longer a re-registration requirement
for whole groups of visitors -- such
as those from certain countries.
The Department of Homeland Security
can, however, still require individuals
to appear for additional registration
interviews during their stays.
[http://www.ice.gov/graphics/specialregistration/index.htm]
Reciprocity: Certain
aspects of visas—such as visa
issuance fees or the length of time
a visa remains valid—are based
on reciprocity: that is, the United
States matches the fees and restrictions
that another country places on U.S.
citizens for its visas.
Countries often work together to
eliminate citizen exchange barriers.
For example, in 2005, China and the
United States reached agreements
allowing qualified students, business
travelers, and tourists to obtain
12-month visas that allow multiple
entries. Previously, the standard
had been six-month visas with a two-entry
limit.
[http://travel.state.gov/visa/reciprocity/index.htm]
AP/WWP Photo by David Maun
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Secure Electronic Network
for Travelers' Rapid Inspection (SENTRI): The
international land border between
Mexico and the United States is
the busiest in the world. In 1995,
as a way to ease the traffic wait
time for frequent travelers, dedicated
commuter lanes were created under
the SENTRI program.
The number of SENTRI participants
has grown dramatically in the wake
of the 2001 terrorist attacks and,
in response, the U.S. government
recently took steps to process enrollments
faster by adding personnel, employing
new technologies, and extending the
enrollment period from one to two
years. Persons applying must provide
electronic fingerprints for pre-screening,
and pay a fee for themselves, their
family members, and their vehicles.
The vehicle and everyone in it must
be enrolled in the program to use
a SENTRI lane.
[http://www.cbp.gov/xp/cgov/travel/frequent_traveler/sentri.xml]
Student and Exchange Visitor
Information System (SEVIS): All
incoming international students
must be registered by their host
institutions in SEVIS, a database
maintaining information on students
and exchange visitors in the United
States, before they can obtain
a visa. The Web-based system, which
replaced a paper-based system in
2002, enables U.S. academic institutions
to maintain accurate and timely
data on foreign students, exchange
visitors and their dependents,
and to communicate this information
in real time to the Department
of Homeland Security (DHS) and
the Department of State. SEVIS
is administered by U.S. Immigration
and Customs Enforcement (ICE),
part of DHS.
[http://www.ice.gov/graphics/sevis/index.htm]
AP/WWP Photo by Gregory Smith
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United States Visitor and
Immigration Status Indicator Technology (US-VISIT): This
automated entry/exit system collects
biometric data on visitors to reduce
the opportunity for fraud and prevent
criminals from entering the country.
All non-immigrant visitors between
the ages of 14 and 79 holding visas—regardless
of race, national origin, or religion—participate
in the US-VISIT program, as do visitors
traveling under the Visa Waiver Program.
For most travelers, the process
begins during the visa interview
at a U.S. consulate, where applicants
must provide a photo that meets certain
guidelines and have an electronic
scan taken of their two index fingers.
When they arrive at a U.S. port-of-entry,
another digital photograph and another
two-finger scan will be taken for
a comparison check.
In addition, the identity information
is run through shared law enforcement
databases to check for criminal records,
aliases, or terrorist-related watch-list
warnings. Information on stolen or
lost passports is also being incorporated
into these databases.
Nearly 30 million travelers have
taken part in US-VISIT since it began
operation at 115 airports, 13 seaports,
and the 50 busiest land ports in
2004. The Department of Homeland
Security, which operates the program,
plans to have the entry procedures
in place at all remaining land ports
by the end of 2005, and is currently
testing similar exit procedures at
12 airports and two seaports.
US-VISIT not only enhances security
for everyone, it allows immigration
officials quickly to identify and
welcome legitimate travelers to the
United States.
Most Mexicans and Canadians participate
in other entry-exit programs and
are exempt from US-VISIT enrollment.
[http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0525.xml]
[http://www.dhs.gov/dhspublic/interapp/content_multi_image/content_multi_image_0006.xml]
[http://www.dhs.gov/dhspublic/interapp/editorial/editorial_0435.xml (Multilingual
Videos and Brochures)]
[US-VISIT Step-by-Step Entry
Guide (PDF, 1 page, 609 KB)]
[US-VISIT Step-by-Step Exit
Guide (PDF, 1 page, 768 KB)]
Visa Waiver Program (VWP): The
Visa Waiver Program was instituted
in 1986 to promote tourism and facilitate
travel among U.S. allies by allowing
business travelers and tourists visiting
the United States for less than 90
days to enter without visas. Not
all U.S. allies take part in the
program and, depending on the purpose
of their travel and legal bars to
their admission to the United States,
not all citizens from VWP countries
are qualified to participate in this
program.
The 27 countries participating in
the VWP are Andorra, Australia, Austria,
Belgium, Brunei, Denmark, Finland,
France, Germany, Iceland, Ireland,
Italy, Japan, Liechtenstein, Luxembourg,
Monaco, the Netherlands, New Zealand,
Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland,
and the United Kingdom.
Some travelers from Mexico, Canada,
and Bermuda enter the United States
visa-free, but on a different legal
basis than VWP travelers. Passport
requirements for VWP travelers do
not apply to travelers from Mexico,
Canada, and Bermuda.
To be included in the VWP, a country
must meet legislative requirements
that include, among other things,
provision of reciprocal visa-free
travel for U.S. citizens, production
of machine-readable passports, prompt
reporting of the theft of passports,
a refusal rate of less than three-percent
for U.S. visas, and a low overstay
and immigration violation rate by
visitors from that country. In addition,
countries must have a biometric passport
program and be able to demonstrate
strong document and border security,
immigration controls, and law enforcement
cooperation, so that their participation
in the program would not be a threat
to U.S. security or law enforcement
interests.
VWP travelers must have machine
readable passports and, depending
on when their passport is issued,
may also be required to have biometric
passports with digitized photos or
e-passports. VWP travelers are screened
prior to admission to the United
States, and take part in the US-VISIT
program.
[http://www.travel.state.gov/visa/temp/without/without_1990.html#1]
Western Hemisphere Traveler
Initiative: By far, the
largest number of nonimmigrant
travelers to the United States
come from our neighbors to the
north and south, Canada and Mexico.
In the past, our relationships
with these countries, and with
Bermuda, allowed for special passport-free,
visa-free, or other border crossing
programs.
In the new security environment,
however, valid passports or other
specified, secure documents will
eventually be needed for all these
citizens, including our own, to enter
or re-enter the United States from
any country in the Western Hemisphere.
Travel between the United States
and its territories is not affected
by the new law.
Since the volume of travel between
these nations is so high, new requirements
will be phased in according to the
following proposed timeline:
- December 31, 2006—A passport
or another accepted document will
be required for all air and sea
travel to or from Mexico, Canada,
and Bermuda, as well as Central
and South America and the Caribbean;
- December 31, 2007—A passport
or another accepted document will
be required for all air, sea, and
land border crossings into the
United States from countries in
the Western Hemisphere.
What are other acceptable documents?
The United States currently offers
secure travel cards under the SENTRI,
NEXUS, FAST, and BCC programs (see
above), and is using new technologies
to create other document options.
Persons traveling between countries
in the Western Hemisphere should
understand that Social Security cards
and drivers licenses are no longer
acceptable substitute documents for
entry into the United States.
Another issue to note: single parents,
grandparents, or guardians traveling
with children may be asked for either
proof of custody or a notarized letter
from the absent parent authorizing
the transportation of children across
Western Hemisphere borders. This
requirement evolved from international
concern about child abduction. In
addition, if you are under the age
of 18 and traveling alone, you should
carry a letter from a parent or guardian
authorizing your trip across borders.
Without such documentation, travelers
could experience delays at their
U.S. port-of-entry.
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