Hyderabad, August 31: Q. I applied for a tourist visa but was not granted the visa. I am 61 yrs old. I am unmarried and am living with my sister and her family. My niece and her husband who are in the U.S. sponsored my visit. As I am unmar
ried, I am not interested in acquiring any immovable property. All my personal earnings are in the form of bank deposits. I travel but have no intention of settling in another country. I have to make a personal appearance in November every year for continuation of my pension. I also have religious and cultural interests here and I intend to return to India. Why was I denied a visa and what further documents are required to be submitted to get a tourist visa to U.S.?
S. Lakshmi
A. We address this issue on our website www.hyderabad.usconsulate.gov under the topic “Frequently Asked Questions.” In general, the Consular Officer will look for evidence you will return to India at the end of a temporary stay in the United States.
Section 214(b) of the United States Immigration and Nationality Act states that “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the Consular Officer, at the time of application for a visa, that he is entitled to non-immigrant status.” This means that most visa applicants must convince the Consular Officer of the following:
That the applicant intends to return to his or her home in India following a temporary stay in the United States;
That the applicant’s financial situation is such that he or she can afford the trip without having to seek unauthorized employment in the U.S.; and that the applicant’s purpose of travel is for purposes permitted by the applicant’s visa category.
Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to India, will compel them to leave the U.S. at the end of a temporary visit or study.
“Ties” are the various aspects of life that bind you to India, such as your family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, the Consular Officer may consider educational status, school grades and long-range plans in India.
The Consulate General requires some documents and suggests others in order to help the Consular Officer get the most complete understanding of your case.
Each person’s situation is different and there is no single interview answer or document that shows compelling ties to India. A decision on your visa application is based more on the interview than on documents.
The information on our website provides guidance to help you provide the Consular Officer with the best information so that you may get the fairest interview. If your visa application is refused, you may apply again. However, if your circumstances have not changed, the result will probably also remain the same.
I and my wife are holding US visiting visa valid up to 2015. Since the families of my son and daughter who are citizen / permanent residents are unable to visit India frequently, we visited US three times. During our
last visit our I-94 was valid up to December 10, 2008. We applied for extension of six more months but it was denied giving one month time limit to depart from US.
Content of letter said: “You are required to deport the United States within 30 days from the date of this decision or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the United States.”
We departed one week before the time limit given. I also sent the boarding pass of the flight to USCIS to prove our departure from the US. Will there be any problem during our next visit in summer 2010? Also, by 2012, when we seek US visit visa further, we would be completing 65 years. Do we need to appear in person to get US visa or can we apply through any drop box? How early can we apply?
Madhav
A: Because you left U.S. within the legal timeframe as stated in the letter it should not block any future entries into the United States. However, please be prepared with your explanation for the port of entry authorities in case there is any question.
In response to your last two questions: Anyone under the age of 80 must appear at the Consulate General for their interview. You can apply for a new visa at any time.
NOTE: Thank you for returning your I-94 Departure Card. However, for those readers who may not have returned their card, it should be mailed to: ACS, Inc., 1084 South Laurel Road, London, KY 40744, USA
Return the I-94 Departure Card only to this address. Do not mail it or any supporting information to any U.S. Consulate, Consulate General or Embassy, or to any other DHS office in the U.S., or to any address other than the one stated above.
My Indian passport validity expires in October 2010 and I intend to apply for a renewal in January 2010. My 10-year B2 American visa is valid upto April 2012. Is it necessary to have American visa affixed to new India
n passport? If so, what is the procedure? Or can I use new Indian passport and old passport containing American visa? I had visited U.S. three times during the last seven years.
R. Srikanth
Individuals with a valid U.S. visa in their old passport may still use that visa by carrying both the old and new passport when they travel. However, if you want a valid visa in your passport you must apply for a new visa.
This is regards to change of name in my passport. I had my passport made when I was young and I had my nickname as Ashish then. Now, I am 17 years old and I would like to get my name changed to Hussain as per my schoo
l records. Presently, I have a valid B1/B2 visa and I have made a few trips. Since the visa is also issued in the name of Ashish, what happens to the visa if I get my name changed in the passport?
The name on the passport and the name on the visa in it must match. You should be able to travel on your new passport, as long as you have your old passport with valid visa in it attached. However, when you arrive at the port of entry, you may be delayed because of the discrepancies in names between the passports.
–Agencies