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Immigration Law

VISA PROCESSING AND ENTRY ISSUES

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What is a visa?

A visa is an entry document. It is issued by the Department of State ("DOS") at a U.S. consulate or embassy. The visa contains the class symbol which indicates the type of visa that the applicant has (e.g. B1/B2, F1, H1B, L1, J1, etc.). A visa can be issued for a single, two, or multiple entries. The number of entry determines how many times the visa holder can use the visa to enter the U.S. during its validity period. The validity period of the visa is usually determined by the underlying petition (e.g. H1B, L1) or the visa reciprocity between the U.S. and the country of citizenship of the visa holder. See this: http://travel.state.gov/visa/fees/fees_3272.html. A visa officer cannot issue a visa for a period that is longer than the duration indicated in the visa reciprocity table but he/she can issue the visa for less time. The visa reciprocity table also determines whether a visa can be issued for "multiple entries".

It is important to understand that having a visa does not guarantee entry into the U.S. The possession of a visa does mean that the visa holder has the proper document to enter the U.S. or that an airline will allow the holder to board the plane. The decision of whether to admit the visa holder rests on the shoulder of the immigration officer at the port of entry, which is a part of the CBP (Customs and Border Protection).

Where do I apply for a visa?

Typically, the initial application for a specific visa category must be applied for at a U.S. consulate in your home country. Some U.S. consulates may accept nonimmigrant visa applications by third-country nationals (individuals who are not citizens of the country in which the consulate is located referred to as "TCNs") as a courtesy to visitors to those countries. U.S. Consulates are not required to accept applications by third-country nationals, and visa issuance is at the sole discretion of the consular officers at the post. You should contact the appropriate U.S. consulate or embassy in advance to determine its application process and the current application fee. You may also check the Department of State website at http://travel.state.gov/visa/embassy/embassy_4825.html.

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