Artwork by Jaime Vasquez. - http://www.jaimevq.com/
Now that you’ve gotten your artist visa approved by Immigration, it’s time for processing at a U.S. Consulate!
First word of advice: Use the U.S. Consulate in the country where you actually live. This would be where your last apartment or home is located.
There is also a provision in the law permitting you to go to any U.S. Consulate -- that will have you.
Whatever you do, consult with your attorney before you go to be sure you have the 2 required forms filled out correctly, two passport photos, a full copy of your file and whatever the U.S. Consulate requests.
After a Consular approval, the Consulate places a stamp in your passport. You show this to enter the U.S. Without it you can't enter.
So you were refused...If it’s because of ineligibility (overstay of visa, criminal record, contagious disease, etc.), you may file a form called “Waiver of Ineligibility.”
BUT: If the Consular Officer believes (and he/she has all the discretion in the world) that you’ll never be able to explain away your “Ground of Ineligibility”, your passport will be stamped “Application Received”, along with the date of refusal.
This is not a good thing…
At that point, try another Consulate. Still, you'll have to do a lot of explaining...
BTW: At the end of it all, if you are denied, you may not appeal this decision. Try to go back and attempt to overcome whatever the Consul claimed your problem was…
12 comments:
What are the forms required by the consulate? Anything I should know about the required photos?
The forms are DS-156 and DS-157. They are on the Department of State website. As for the photos, they should be in color, taken within the last six months and U.S. passport style.
When I show my passport, does it have to be valid for any special amount of time?
Yes. It should be valid for return to your home country or re-entry into another country. It's prefered if it's valid for at least 6 months after the end of your artist visa, but generally, as long as the passport is valid, the visa stamp will be entered.
Any idea of the visa fee required by the U.S. Consulate?
For an O-1 Artist visa the fee is generally $150.00. For Canadians and Mexicans, who require only border crossing cards, $140 is the cost for a 10 year visa. If the visa stamp has to be reissued because it was not properly attached or needs to be reissused due to no fault of yours, there is no fee. If you are eligible for a WT (Visa Waiver)due to your nationality, there is no fee. For the "Waiver of Ineligibility" petition, there is a $545 fee.
What is the new fingerprint policy about?
U.S. security officials at U.S. airports will begin scanning all 10fingerprints instead of the current 2 fingerprint requirement. 10 finger scanners are expected to be at all U.S. airports by the end of this year.
How long does it take the U.S. consulate to issue a visa stamp once I hand in all the documents?
Recent changes in the law are causing an increase in the time it takes to obtain a visa. You can expect a 30 day delay, but 60 days is not unusual. Apply early!
What is "Reciprocity?
It's a regulation allowing the U.S. consul to charge no more than your home country does for a visa stamp. Check the U.S. website for your home country to see if this applies to you.
What is the difference between visa issuance and visa application fees?
The visa "application" fee covers the costs associated with making, processesing, and printing the visa in your passport. The visa "issuance" fee is usually $150unless your country has a reciprocity rule with the U.S. Remember: The $131 visa application fee is always charged on top of the visa issuance fee.
My old passport expired. My U.S. visa is still valid, but in my expired passport. Do I need to apply for a new visa with my new passport?
No. Travel with your 2 passports, as long as the old passport has a visa stamp that's valid and not damaged. Both passports (the expired one and the new one) should be from the same country. Show both passports when you enter the U.S. The new passport will be marked as "VIOPP" (visa in old passport.) Don't worry about that.
My passport with my visa was stolen. What should I do???
Get the passport with the I-94 replaced ASAP! There are a number of steps you'll have to take, so check with your consulate regarding getting a new passport and check with Immigration about a new I-94 at the following website: Department of Homeland Security, Customs and Border Protection.
My application was denied! Can I get my money back?
The application form says the fee is non-refundable regardless of the conclusion. To add insult to injury, if you go to another consulate to try again, you'll have to pay all over again.
My case was denied at the consulate because they said I did not show that I was entitled to the visa. Is this type of denial permanent?
No. The case can be reconsidered if you can show additional evidence that you have ties to your home country and/or have the talent described in the artist visa application (which you take along with you.)
I went to the consulate and the officer decided to open up my whole case and judge for himself if I have sufficient talent to deserve the artist visa. It was already approved by the Immigration Service. They said I have sufficient talent. Now what do I do?
Present new convincing evidence of your talent to the consul again. Tough situation...
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