In view of frequent requests that I receive from visitors of this blog, asking me to post a simplified overview on how to apply for and secure a US visitor’s visa, for legal research purposes, may I present below a brief summary of the salient information on the said subject matter, based on the website of the US Embassy in Manila (see: http://manila.usembassy.gov).
The basic (and current) procedures are as follows:
- Fill-up Application Form Online (DS-156 and DS-157) and payment of visitotr’s visa application fee.
1.1. The non-immigrant visa application form (DS-156) must be filled out ONLINE on the Internet and printed using laser or inkjet printers only.
1.2. The printout is three pages in length and includes a two-dimensional barcode page.
1.3. The other non-immigrant visa application form (DS-157), however, is provided at the bank where fees are paid.
1.4. Applicant must ensure that the back of the form is machine-validated with check-rite.
1.5. All non-immigrant visa applicants (e.g. B-1 and B-2) must pay the machine-readable visa application fee.
1.6. Effective January 1, 2008, the application fee for such a visa has been increased from US$100 to US$131.
1.7. Visa fees may be paid at any branch of Bank of the Philippine Islands (BPI) or Citibank.
1.8. It must be paid in Philippine currency at the official exchange rate prevailing on the day of payment.
1.9. The bank will issue an official receipt and DS-157 Form where payment is machine-validated by check-rite.
1.10. Visa application fees are non-refundable though.
1.11. The application fee is valid for use for one year after the date of actual payment.
1.12. The interview schedule must fall within the one-year validity.
1.13. The fee cannot be paid outside of the Philippines or at the US embassy.
- Prepare the documents.
2.1. It is important for an applicant to have all basic documentary requirements ready BEFORE an appointment can be made.
2.2. All documents must be original. Photocopies will not be accepted unless specified.
2.3. The applicant must submit these documents to the interviewing consular officer during the interview.
2.4. The basic requirements are as follows:
2.4.1. Passport – Signed passport must be valid at least six months from the date of intended departure from the United States.
2.4.2. The passport must be in good condition free from any tampering.
2.4.3. Applicant must also submit all previously issued passports or notarized affidavit of loss, if applicable.
2.4.4. Application Fee – Proof of payment of visa application duly issued by the bank.
2.4.5. Application Forms – Both completed application forms (DS-156 & DS-157) are needed for each person, regardless of age.
2.4.6. All questions must be filled out with high level of accuracy to prevent any delays in processing.
2.4.7. Photo – One 2” x 2” standard, full frontal face position color photo against a white background taken within the last six (6) months is required and must be glued or stapled on the application form where specified.
2.4.8. Additional Requirements – In addition to the basic requirements mentioned above, applicants are required to complete the following documents:
2.4.8.1. Evidence of ties and financial status of the applicant, or the applicant’s parents, if minor, in the Philippines.
2.4.8.2. A vast majority of non-immigrant visa applicants received at the US Embassy are for business travel and tourism, otherwise known as B-1 and B-2, respectively.
2.4.8.3. In most instances, consuls issue a combined B-1/B-2 visa as most business travel would also include tourist activities.
2.4.8.4. If the purpose of travel is for business, a letter from the U.S. organization indicating the purpose of the trip, the intended length of stay, and the firm’s intent to defray costs, if applicable.
2.4.8.5. If the purpose is for pleasure, documents concerning purpose and length of the trip and ability to cover the costs of the trip.
2.4.8.6. For emergency medical cases, an up-to-date statement from a U.S. physician indicating the condition of the patient, including contact information of the physician is required.
2.4.8.7. Proof of travel medical insurance of applicants who might be at risk of requiring medical care while in the United States.
2.4.8.8. All documents must be original. Photocopies will not be accepted unless specified.
2.4.8.9. The applicant must submit these documents to the interviewing consular officer during the interview. Please note that the presentation of documents will not guarantee visa issuance.
2.4.9. The following documents are not considered helpful:
2.4.9.1. In general, affidavits of any sort will be of little value to an application (except for student via application). The affidavit of support is a requirement only for immigrant visas. The interviewing officer is less concerned about how the applicant will be supported during his/her stay in the United States than in whether he/she has reasons to return home.
2.4.9.2. Letters of invitation (except for business travel).
2.4.9.3. Purchase of airline ticket. This should not be made UNTIL a visa has been issued and the applicant is in receipt of the visa-ed passport.
2.4.9.4. The drop-box privilege for non-immigrant visa applicants has been discontinued. All applicants, regardless of age, are required to appear at the embassy for an interview.
- Book an Interview Appointment.
3.1. Applicants must book an interview by scheduling an appointment ONLINE through VisaPoint or thru the embassy’s CALL CENTER to obtain a confirmation number.
3.2. The VisaPoint system allows applicant to schedule an appointment at any time of the day or night and see all the available dates and times on the computer screen.
3.3. The Call Center system enables applicant to schedule an interview appointment thru telephone any day from Monday through Friday from 8:00 a.m. to 6:00 p.m., except on U.S. and Philippine holidays.
3.4. Applicants may use Tel. No. 1-909-101-7878 to schedule an appointment.
3.5. Calls made on this number cost P53 per minute, plus applicable provincial charges.
3.6. This number is ONLY for subscribers of PLDT and SMART telephone touchtone landlines with national/international distance dialing features.
- Check-in for Interview.
4.1. The check-in process at the entry gate still remains the same.
4.2. After check-in, applicants should proceed to the Pavilion where they will submit their documents for data entry.
4.3. Each applicant will receive a number.
4.4. When their numbers are called, applicants should proceed to the appropriate window for finger scanning.
4.5. Under the new procedures, application documents will be returned to the applicant after finger scanning.
4.6. Applicants will then maintain possession of all their documents, including the DS-156 application for a non-immigrant visa, and their passports for presentation to the interviewing officer.
4.7. Please note that applicants should only present their DS-156 and passport to the interviewing officer. If additional documents are required, the officer will ask them.
- Decision of the Consular Officer.
5.1. The U.S. Embassy does not pre-qualify an applicant.
5.2. Only an adjudicating consular officer AT THE TIME OF THE INTERVIEW can determine whether an applicant is eligible for a non-immigrant visa.
5.3. Upon the conclusion of the interview, the applicant will be advised whether he or she qualifies for the visa.
5.4. If at the end of the interview the decision of the consular officer is to issue the applicant a non-immigrant visa, he/she will be given a yellow slip.
5.5. He/she should take this slip to the courier service desk in the American Embassy Pavilion, where he/she will need to arrange for delivery of the passport and visa by courier.
5.6. If an application is denied, the passport is returned to the applicant after the interview.
5.7. Visa processing time after the interview usually takes at least one week, depending on the volume of visa issuances at the time.
5.8. After the one-week visa processing time, the receipt of a passport with a visa may take longer, depending on the applicant’s delivery address.
- Receipt of Visa-ed Passport by Courier.
6.1. Upon receipt of passport with stamped visa by courier, applicant may now have the option to proceed to a travel agent for issuance of airline ticket and payment of fees like travel tax, insurance, among others.
6.2. Please take note of the validity period of your visa.
6.3. Travel time should be within this period.
For further details, call: Consular Section, U.S. Embassy, 1201 Roxas Boulevard, Manila, Philippines 1000. Tel. No. : (632) 301-2000 ext. 2555/2246
Fax : (632) 301-2017.
The following documents are not considered helpful:
| | 1. | In general, affidavits of any sort will be of little value to an applicant (exception: student visa applications). The affidavit of support is a requirement only for immigrant visas. We encourage the interested third parties to save their time and money and not to prepare such. The interviewing officer is less concerned about how the applicant will be supported during his/her stay in the United States than in whether s/he has reasons to return home. |
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| | 2. | Letters of invitation (except for business travel). |
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| | 3. | Purchase of airline ticket. This should not be made until a visa has been issued and the applicant is in receipt of the visaed passport. |
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A valid visa is necessary for most aliens who wish to apply for entry into the United States.
Under U.S. law, all aliens seeking admission are presumed to require an immigrant visa unless they establish that they are entitled to receive a visa in one of the nonimmigrant visa categories.
The most widely known nonimmigrant visa category is the visitor visa, which is issued to aliens who wish to enter the United States temporarily for business purposes (B-1) or for tourism, visit to relatives and friends, or similar reasons (B-2).
Other categories of nonimmigrant visas are required for persons who wish to enter as representatives of foreign governments (A & G), in transit (C), as crewmen (D), treaty traders and investors (E), students in academic or language programs (F), temporary workers and trainees (H), journalists (I), exchange visitors (J), fiancé (e) s of U.S. citizens (K), intracompany transferees (L), students in vocational or other nonacademic programs (M), the parents of certain special immigrants (N), temporary workers of extraordinary ability (O), athletes and entertainers (P), cultural exchange visitors (Q) and religious workers (R).
A nonimmigrant visa for a particular category is valid for entry only for the purpose for which it was originally issued.
For example, a student visa cannot be used for entry as a visitor, nor can the possessor of a visitor visa enter to study.
A visa is not a guarantee of entry into the United States.
The bearer of a visa is subject to inspection at the port of entry by U.S. immigration officials who have authority to deny admission.
Therefore, the recipient of a visa should carry with him/her, for possible presentation to immigration inspectors, the evidence submitted to the consular officer when the visa was obtained.
The period for which the bearer of a nonimmigrant visa is authorized to remain in the United States is determined by the U.S. Immigration authorities at the port of entry.
A nonimmigrant who remains in the United States beyond the period for which he/she has been granted permission to stay may become subject to deportation.
Certain categories of nonimmigrant visas require special documentation which can be furnished only by an authority in the United States.
These categories include students, who must have a valid Form I-20 A-B or I-20 M-N issued by the prospective school; exchange visitors, who must have a Form IAP-66 issued by the sponsoring organization; and temporary workers and trainees, intracompany transferees, fiancé (e) s of U.S. citizens, athletes and entertainers, and cultural exchange visitors, all of who must have a specific petition filed on their behalf and approved by the U.S. Immigration and Naturalization Service.
DOCUMENTS THAT CAN BE USEFUL TO THE INTERVIEWING OFFICER:
- The last 3 months’ worth of monthly bank statements or bank passbooks (required)
- Employment certification including salary, tenure, position
- Credit card statements for prior three months
- Marriage/Birth Certificates issued on NSO security paper (required if applying with or for spouse and children)
- INS Form certifying an extension of stay in the United States (required if you stayed longer than 6 months on a B1/B2 Visitor’s Visa)
- Vehicle registrations
- Land Title (originals only, no certified copies please)
- All previously issued passports or affidavit of loss (required)
Misrepresenting a material fact (submitting a fraudulent document or making a false statement) can bar you from entry into the U.S.
APPLY FOR YOUR VISA AT LEAST 3 MONTHS IN ADVANCE AND BEFORE YOU MAKE FINAL TRAVEL ARRANGEMENTS
Below is the FAQ re: the new VisaPoint Online Visa Information and Appointment System of the US Embassy:
Why did the Embassy create this online scheduling option?
| | As part of our ongoing efforts to improve customer service, the U.S. Embassy is pleased to offer an alternative way to schedule visa appointments. This system offers flexibility in scheduling because it can be accessed 24 hours a day, 7 days a week, and allows applicants to view a wide range of available interview dates and times. |
Can applicants pay the visa application fee with a credit card at the same time they pay the $10 fee on VisaPoint™?
| | No, the visa application fee can only be paid by cash at designated branches of Citibank and Bank of the Philippine Islands. This fee must be paid prior to attending a visa appointment. |
How does the cost of an appointment made on VisaPoint ™ compare to an appointment made via the telephone system?
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If someone travels on a limited-time visa to the U.S. and needs to apply for another visa in the same year (month, quarter, etc.), is the VisaPoint™ personal identification number (PIN) still valid?
| | The VisaPoint™ PIN only applies to one visa interview. Applicants applying for a second visa, no matter how long it has been since their last interview, must obtain a new VisaPoint™ PIN. |
If someone has questions about applying for a visa, can they get answers without paying to use VisaPoint ™ ?
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Can someone applying for a petition-based, nonimmigrant visa use the online system?
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If someone cannot make an appointment as scheduled, can they reschedule?
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If an applicant makes an appointment via the phone service, can they change it using the online service (or vice versa)?
| | No, applicants must use the same service for rescheduling an appointment. Those using Visa Point™ will incur no additional fee. Those using the phone service will pay the per-minute charge for the call. |
If someone makes an appointment online and doesn’t show up to their interview, can they reschedule for free using the same PIN?
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When I used VisaPoint™ to book an appointment, it asked for the number of applicants. Can I use one PIN to book my co-workers with me for the appointment?
| | No, only family members living in the same household who will travel on the same trip and who will appear at the same interview can schedule an appointment together. |
Can a travel agent handling an applicant’s travel arrangements to the United States make an appointment on the Visa Point™ system for them?
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Can I get the visa application form from the online appointment system?
| | Yes, the VisaPoint™ system will direct you to the online visa application form. You can also visit http://evisaforms.state.gov/ at any time to complete and print a visa application form. This form must be completed prior to the date of the visa interview, and the non-refundable visa fee must be paid prior to the interview. |
I’ll be traveling temporarily in another country; can I use the online system to make an appointment at the U.S. Embassy in that country?
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The telephone system has operators who speak Tagalog. Can applicants get this service from VisaPoint™?
| | Yes, the Visa Point ™ web site includes information in both English and Tagalog. There is also a “help” function on the web site in Tagalog. |
Can seafarers book appointments through VisaPoint™ system instead of having a Crewing Agency book it?
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If I’m not sure of the type of visa I require, should I use the telephone system so someone can help me choose the visa type?
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If someone buys a PIN but doesn’t see any open appointments on days when they are available, do they have to purchase another PIN once more appointment slots are available?
| | No, an applicant does not have to purchase a new PIN. The PIN will remain valid for 90 days after purchase. If it is not used within that time to book an appointment, it will expire. As noted above, the PIN will lock two business days before the appointment |
In must be noted that under Section 214(b) of the U.S. Immigration and Nationality Act (INA), every alien is presumed to be an immigrant until he establishes that h is entilted to nonimmigrant status.
Essentially, the visa officer needs to see that the applicant has compelling reasons to return to the Philippines.
By law, the burden of proof is on the applicant to show that he or she qualifies for the visa.
This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that the applicant’s ties to the Philippines will compel him or her to return at the end of a temporary stay in the United States. At the risk of being repetitious, be prepared to present evidence of the applicant’s or the applicant’s parents’ (if the applicant is a minor) ties and financial status in the Philippines such as :
| | 1. | Bank statements for the last three (3) months and both current and former bank account passbooks |
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| | 2. | Employment certification including salary, tenure and position |
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| | 3. | Form W-2 |
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| | 4. | Income tax return with Bureau of Internal Revenue (BIR) or bank stamp |
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| | 5. | Audited financial statement with BIR or bank stamp |
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| | 6. | Pay slips for the last three (3) months |
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| | 7. | Credit card statements for the prior three months |
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| | 8. | Vehicle registration with official receipt |
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| | 9. | Land titles (no certified copies please) |
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| | 10. | Pictures of family, home or business |
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| | 11. | Wedding photos |
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| | 12. | Marriage certificate printed on the Philippine National Statistics Office security paper, if applicable |
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| | 13. | Birth certificate printed on the Philippine National Statistics Office security paper |
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| | 14. | For students, certificate of school registration |
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| | 15. | Certification of membership to legitimate organization(s) |
Due to the large volume of applications processed each day, consular officers may not always look at supporting documents, unless there are points in the application forms or in the interview that need clarification.
As to affidavits of support, the general rule is that they are of little value to an applicant (except to student visa applicants).
The Affidavit of Support is a requirement only for immigrant visas.
The interviewing officer is less concerned about how the applicant will be supported during his or her stay in the United States than whether the applicant has compelling reasons to return home.
As to multiple-entry and indefinite visas, effective 31 March 2004, all multiple-entry, indefinite visas, regardless of date of issuance, became invalid for travel.
Persons with multiple-entry, indefinite visas will have to reapply for their visas in order to make future trips to the United States.
Please note that the U.S. Department of State no longer issues visas with indefinite validity.
One who has overstayed the authorized period of admission may no longer use the visa with whjch he or she entered the United States under U.S. Immigration and Nationality Act Section 222(g).
This section renders void the visas of nonimmigrants who remain in the United States "beyond the period of stay authorized by the Secretary of Homeland Security".
Most likely, the U.S. Department of Homeland Security will turn the person around at the Port of Entry.
To re-enter the United States, one must obtain a new nonimmigrant visa in the country of the alien’s nationality.
As to visas on expired passports, thehold of valid visas on expired passports need not have the visa transferred to the new passport. Simply staple together both passports when traveling.
If you were requested to submit additional documents, you should have paid the Delbros courier fee at the Embassy prior to your departure on the day of your interview.
As soon as you are ready to submit the requested documents noted on your 221(g) letter, you must send a text message to the Delbros Text Hotline (0917) 622-1949 to make arrangements for the collection of your documents.
The Delbros text hotline is available 24 hours a day, 7 days a week. When you send a text message, please strictly follow the instructions printed on the Delbros official receipt.
If you did not pay Delbros prior to you departure from the Embassy on the day of your interview, please send a text message to the Delbros Text Hotline (0917) 622-1949 to make arrangement for the collection of your documents.
Please note that you have one year from the date of your interview to submit the requested documents to the Embassy.
Failure to do so will result in the case to be considered abandoned and you will be required to reapply for a new visa with requisite new visa application forms and visa application fees.
Under United States law, visa records are confidential.
The Nonimmigrant Visa Unit will only respond to visa inquiries from the applicant or from the applicant’s legal representative with a signed Form G-28 (Notice of Entry of Appearance as Attorney or Representative).
In cases of minor applicants, inquiries will be entertained if they came from one or both parents of the concerned.
Travelers' failure to turn in their U.S. Department of Homeland Security (DHS) Form I-94 when they leave the United States can create a serious problem for them on their next visit to the United States.
Without this record of the departure, they will be identified in U.S. records as "overstay." Being identified as an overstay means that a person will be denied re-entry into the United States.
If travelers discover that they still have their Form I-94 when they return home, they should send it to the DHS as quickly as possible, along with documentation proving that they left the United States.
Documentation to prove departure from the United States could include the boarding pass from the departing flight, evidence of arrival in another country (i.e. copy of a passport stamp), or other evidence.
If they exited the country by a land border, it is much harder to verify that they did, in fact, leave the country on the date they claim.
Travelers' Form I-94 and accompanying evidence of departure should be sent to:
ACS Inc.
1084 South Laurel Rd.
London, Kentucky 40744
Travelers are strongly encouraged to keep a copy of what they send to ACS Inc. and to carry it with them the next time they come to the United States in case the United States Customs and Border Protection officer has any questions about their eligibility to enter.
If they wish to confirm that the Form I-94 departure was recorded, four months after submitting documents to ACS, travelers can write to the following address with their name, date of birth, passport number, date of departure, and request to confirm whether or not their departure was recorded:
U.S. Customs and Border Protection
Air Sea Passenger Operations
Room 5.4D
1300 Pennsylvania Ave.
Washington, D.C. 20229
| | New rule (re: cellphones): For the safety and security of all applicants and employees, visa applicants are no longer permitted to bring cell phones or other electronic devices into the U.S. Embassy. Effective 01 March 2007, applicants who bring such devices will be denied entry. Please make arrangements to leave your electronic equipment in a safe location off Embassy grounds during your interview appointment. | |
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| | Applicants are requested to come to the Embassy an hour earlier than their appointment time in order for the Embassy to process their applications prior to interview. Applicants who appear an hour or more after their scheduled appointment time will not be granted access to the Consular Section (absent dire circumstances). Those applicants will then be required to book a new appointment for interview online or through the Call Center. | |
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| | Digested by: Atty. Manuel J. Laserna Jr. Laserna Cueva-Mercader and Associates Law Offices Las Pinas City Bar Association | |
