Non-Immigrant Visas

FREQUENTLY ASKED QUESTIONS

Business/Visitor/Medical visas
 
1.  I could not attend the interview appointment. Can I reschedule?

Yes. If for any reason an applicant cannot come for the visa interview on the date previously scheduled, the applicant needs only to change his or her appointment date through the Embassy’s nonimmigrant visa online appointment system, and to print a new appointment confirmation letter. There is no need to contact the Embassy.

2.  I cannot speak English well. Can I take my interview in Vietnamese?
 
Yes. Our officers are trained to conduct interviews in Vietnamese. Also, we have local employees who will translate for the applicants.
 
3. Can my relatives or attorney attend my visa interview?   
 
As is standard practice around the world, no third parties are permitted to attend the non-immigrant visa interview.
 
4. Can the visa service agents help me in obtaining a visa?
 
No. You should not trust any one who said that they can help you to get a visa. Also, you should not pay any amount of money for doing fraudulent documents as our consular officers are trained to detect any misrepresentation or fraudulent document.
 
5. What do you mean by “ties to Vietnam”?
 
 “Ties” are the aspects of your life that bind you to your place of residence, including family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of parents, and an applicant’s long-range plans and prospects in Vietnam. As each person’s situation is different, there is no set answer as to what constitutes adequate ties.
 
6. If I present a letter of guarantee of return from a person of high stature, will I get a visa?
 
A letter, even from a highly placed person, does not necessarily establish the applicant’s ties outside of the United States. U.S. law requires each applicant to qualify in his or her own right.
 
7. Isn’t it better not to disclose that I have close relatives living in the U.S., that I have an immigrant visa petition on file, or that I have previously been denied a visa?  What are the consequences if I conceal or misrepresent information or submit fraudulent documents?
 
Full disclosure is best. We understand that many people have relatives in the U.S. but intend only a short visit, or have immigrant visa petitions on file but do not intend to immigrate at this time. It is therefore to the advantage of the applicant to disclose these facts.  When an interviewing officer uncovers any attempt to conceal or misrepresent facts, the application will be denied and the applicant may, in certain cases, be ruled permanently ineligible to enter the U.S.
 
8. If I have all the documents, will my application be approved?
 
Not necessarily. The interviewing officer must apply Section 214(b) of the U.S. Immigration and Nationality Act (INA) in determining whether you are eligible for a U.S. visa. That section of the Act states, in part:
Every alien [visa applicant] shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa…that he is entitled to nonimmigrant status…

This means that the visa officer is required by law to view you, the applicant, as intending to immigrate permanently until you demonstrate otherwise. Your evidence may come in many forms, but when considered together it must be enough for the interviewing officer to conclude that your overall circumstances -including social, family, economic, and other ties to Vietnam - constitute a compelling reason for you to leave the U.S. at the end of a temporary stay. You should be prepared to present your case clearly and concisely. Your interview can be conducted in Vietnamese or in English, which ever you prefer.
 
9. Why are the visa interviews so short? I was only asked a few questions and the interviewer hardly looked at my documents.
 
In a typical day, a consular officer may need to interview many applicants in a very short amount of time. However, your application form, if completed thoroughly, contains most of the information needed to adjudicate the visa. Additional documents are examined only if the consular officer needs to obtain further clarification of your situation.
 
10. How long may I stay in the U.S. on a visitor visa (B-1/B-2)?
 
A visa represents permission to apply to enter the U.S. There is a difference between the validity of your visa (which may be as long as one year for Vietnamese applicants) and the length of time you may stay in the U.S. (which may be as short as a few days). The expiration date of the visa is the date by which you must enter the U.S. The Department of Homeland Security (DHS) inspector at the port of entry, not the consular officer, determines the length of time you may stay. 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.
If you wish to remain in the U.S. beyond the time granted, you must submit a request for extension to the U.S. Citizenship and Immigration Services (USCIS). There are penalties that can be applied to any visitor who remains in the U.S. beyond the period of stay authorized by DHS at the time of entry. An "overstay" of even one day can have a serious negative effect on the traveler's ability to qualify for a U.S. visa in the future. 
 
11. What can I do in the U.S. on a visitor visa?
 
Visitor visas are issued to temporary visitors for business or pleasure.  "Business" does not generally include gainful employment, but it does include almost any other legitimate commercial activity. 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.

"Pleasure" includes purposes such as touring, visits to friends and relatives, visits for medical treatment, participation in conventions, conferences, or convocations of fraternal or social organizations, and participation by amateurs, who will receive no remuneration, in musical, sports, and similar events or contests.

At the visa interview, you should be able to explain clearly the purpose of your visit to the U.S. The officer will determine the appropriate visa category for your visa.
 
12. I am a Vietnamese national. Can I apply for a nonimmigrant visa at the U.S. Embassy/Consulate in other country?
 
Yes. However, we do not encourage you to apply a nonimmigrant visa in a third country such as in Thailand, Malaysia, etc. because it is difficult for consular officers in the third country to assess the ties of the applicant to him/her home country and they would generally refuse the applicant and inform him/her that he/she should apply in his/her home country. 
 
13. I am married to a U.S. Citizen spouse. Can I apply for a tourist visa to visit my spouse at the U.S. Embassy in Hanoi?
 
Yes. However, it is often very difficult for applicants to demonstrate to the interviewing consular officer that they only intend a short visit to the U.S., which is necessary in order to qualify for a tourist visa.  When State Department officers adjudicate nonimmigrant visas, the law as written requires that we assume all applicants intend to immigrate to the U.S., until they demonstrate otherwise.  If someone has declared an intention to immigrate in the near future, it can be extremely difficult to show that they will not remain in the U.S. if they do receive a tourist visa.  It is the inability of most applicants to demonstrate this “dual intent” (i.e., “yes, I will immigrate, but not just yet”) that makes it very difficult to qualify for a tourist visa.
 
14. My application was refused.  What is procedure for appealing a visa refusal?
 
As is standard practice around the world, any nonimmigrant visa application, once denied under Section 214(b), will not be reviewed or reconsidered unless the application re-applies.  The proper procedure for appealing a visa refusal is to file a new application that will be adjudicated by a different consular officer.  The Applicant must pay the fee again and obtain a new interview.  Please note that we always advise the applicants with more than one recent refusal NOT to re-apply unless his/her circumstances have changed significantly, as it is unlikely the outcome will change.
 
15. My passport expired, the visa is still valid with multiple entries and I have my new passport.  Do I have to apply for a new visa?
 
You do not need to apply for a new visa; you can use the old and new passport to travel.
 
16. Can I buy an airline ticket before visa issuance?
 
You should not buy an airline ticket before visa issuance.  Please do not make any firmed plan until you receive your visa.

Student Visas

1. When can I get more information about study abroad opportunities in the U.S?
 
The U.S. Embassy’s Public Affairs Office has an Information Resource Center which can reached by phone: 84-4-850-5000 or email: HanoiIRC@state.gov.  This office will be able to give you more information about study abroad opportunities in the U.S.  Please note that they will not be able to respond to your visa-related inquiries.  You can contact us at visahanoi@state.gov regarding visa issues.
 
2. I could not attend the interview appointment.  Can I reschedule?
 
Yes. Appointments can be rescheduled online. For more information, please see “How to Apply.” Please note that the fee is non-refundable but transferable.  If you wish to transfer the fee, please contact the Citibank office.
 
3. I have heard that it is very difficult to pass the interview for a student visa?  Is it true?
 
There are three basic requirements that must be met by each student who applies for a student visa to the U.S.  They are:

You must be a bona fide (serious) student with serious study intentions:  Since you are applying for a student visa, it is expected that your purpose in going to the U.S. is to study. The Consular officer will expect that you can answer basic questions about the school you will be attending, the course of study you plan to follow, your plans when you return to Viet Nam, how you decided on the school you have chosen, etc.

You must have adequate financial resources: You must be able to show the Consular officer that you have adequate financial resources to support you while you are studying in the U.S. The following are examples of acceptable financial documentation: scholarship, fellowship or financial aid award letter from the school you will be attending, family business records, tax records, real estate records or bank books. Bank statements are not accepted as supporting documentation demonstrating adequate financial resources.

You must show your intent to return to Viet Nam:  When you apply for a student visa, it is understood that you are seeking permission to be in the United States for a period of time to complete your studies. When you have completed your studies it is expected that you will return to Viet Nam.
 
4.  I have relatives living in the United States.  Will this hurt my chances of getting a visa?
 
No.  All visa applicants must declare whether they have relatives in the U.S. Consular Officers understand it is common for applicants, especially in southern Vietnam, to have family living overseas.  It is also acceptable for you to live with your family members.  Be honest about your family situation.  We will not grant you a visa if we think that the visa is solely for you to be with the family members in the USA.
 
5.  My family in the U.S. filed an immigrant petition for my family.  Is it still possible to obtain a non-immigrant visa to study abroad?
 
Yes.  However, students who have applied for immigrant visas do have a stronger burden to prove their intent to return to Vietnam after finishing school in the U.S.  Occasionally, a visa applicant can express dual intent-- that is, he or she may want to go for a short visit now but may also wish to immigrate later.  Each case is different – but the best piece of advice for all applicants is to be honest about your situation and explain clearly to the visa officer what you plan to do after you complete your studies in the United States.
 
6. Will a visa agency help my chances of getting a visa?
 
No.  Do not believe anyone who tells you they can help you get a visa.  Do not pay money for fake documents.  Consular officers are trained to recognize fake documents and lies.
 
7.  I don’t speak English very well.  Can I speak Vietnamese at the interview?
 
Yes.  Every consular officer has studied Vietnamese and will have a Vietnamese translator.
 
8.  How do I pay the SEVIS fee?
 
For information on SEVIS fee payment, please visit the U.S. Immigrations and Customs Enforcement (USICE) website at http://www.ice.gov/sevis
 
9.   If I have all the documents, will my student visa application be approved?
 
Many applicants for student visas are confused when, after presenting the I-20 forms from their chosen school in the U.S. and other information, they do not obtain a visa.  Under U.S. law, all nonimmigrant visa applicants must demonstrate to the satisfaction of the consular officer that they will leave the United States before their granted length of stay expires.
 
In student visa cases, the applicant may intend to stay in the United States for many months and even years pursuing a course of study.  The consular officer must consider the applicant’s overall circumstances when deciding whether to approve a student visa.
 
Student visas must be denied if appears that the applicant’s primary purpose of travel is not to obtain an education, but rather to facilitate an indefinite stay in the United States.  That a school or program has admitted a student to study and issued an I-20 is, therefore, only one factor that must be considered.
 
10. How long may I stay on my F-1 student visa?
 
When you enter the United States on a student visa, you will usually be admitted for the duration of your student status.  That means you may stay as long as you are a full-time student, even if the F-1 visa in your passport expires while you are in the U.S.
 
11. I was just refused a visa under section 214(b) of the U.S. Immigration and Nationality Act.  What does this mean?  Can I apply again?
 
Generally, student visa applications are refused for one of the following reasons: (a) you did not convinced the officer that you were actually going to study in America or that you would be successful in your studies; (b) you did not convince the consular officer that you had sufficient financial resources to pay for your studies; (c) you did not convince the consular officer that you plan to return to Vietnam after completing your studies in the United States.  You may re-apply for a student visa at anytime, however you should carefully re-examine your application before you do so.  When you interview again, you must be prepared to clearly explain (a) your study plan; (b) your financial plan; (c) what you intend to do when you finish your course of study in the United States.
 
12.  I will return home for a visit.  My student visa is multiple entry and still valid, but I have already changed to other school.  Do I need to apply for a new student visa while the old one is still valid?
 
If your visa has not yet expired, you may leave the U.S. and readmitted after absences of less than 5 months.