Frequently Asked Questions (FAQ)

  1. How long does my passport have to be valid in order to apply for a U. S. visa?
  2. Do I qualify for the Visa Waiver Program?
  3. What is the fee for ESTA and who has to pay it?
  4. If I travel to the United States without ESTA, what happens?
  5. If I am a third-country national living in the Philippines, can I apply for a nonimmigrant visa in the Philippines?
  6. Do all nonimmigrant visa applicants have to come to the Embassy for an interview?
  7. I have a nonimmigrant visa that will expire soon and I would like to renew it. Do I need to go through the whole visa application process again?
  8. My passport has expired, but the U.S. visa in it is still valid. Do I need to apply for a new visa?
  9. I have dual citizenship. Which passport should I use to travel to the United States?
  10. How can I extend my visa?
  11. Must I submit my visa application form electronically?
  12. What is "administrative processing?"
  13. How do I read and understand my visa?
  14. My visa will expire while I am in the United States. Is there a problem with that?
  15. What will happen when I enter the U.S.?
  16. I did not turn in my I-94 when I left the United States. What should I do?

Visa Refusals

  1. What Is Section 214(b)?
  2. How can an applicant prove "strong ties?"
  3. Is a Denial under Section 214(B) Permanent?
  4. Who Can Influence the Consular Officer to Reverse a Decision?

Q.1 How long does my passport have to be valid in order to apply for a U. S. visa?

You must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).


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Q.2 Do I qualify for the Visa Waiver Program?

Only if you are a citizen of a Visa Waiver Program country, in possession of a machine-readable e-passport, are traveling for temporary business or a visit of less than 90 days, meet other program requirements, and have obtained an authorization through the Electronic System for Travel Authorization (ESTA). For more information on ESTA, please click here.

You must be a citizen of a Visa Waiver Program-eligible country in order to use this system. Permanent residents of VWP-eligible countries do not qualify for the Visa Waiver Program unless they are also citizens of VWP-eligible countries. We recommend you visit the Visa Waiver Program website before any travel to the U.S. to check if you are eligible for the VWP.


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Q.3 What is the fee for ESTA and who has to pay it?

ESTA registration is required for all travelers to the United States under the Visa Waiver Program. There is a US $14.00 fee for ESTA registration. The fee can be paid online by a credit or debit card with the Visa, MasterCard, American Express, or Discover. Third parties (travel agent, family member, etc.) can pay your ESTA fee for you if you do not have the correct type of credit card. If the ESTA registration is denied, the fee is only US $4.00.


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Q.4 If I travel to the United States without ESTA, what happens?

Visa Waiver Program travelers who have not obtained approval through ESTA should expect to be denied boarding on any air carrier bound for the United States. If you are, by any chance, allowed to board, you can expect to encounter significant delays and possible denial of admission at the U.S. port of entry (i.e., arrival airport). ESTA registration usually only takes a few minutes to complete, authorization often arrives in seconds, and it is valid for two years.


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Q.5 If I am a third-country national living in the Philippines, can I apply for a nonimmigrant visa in the Philippines?

Any person who is legally present in the Philippines may apply for a visa here. However, applicants should decide where to apply based on more than just convenience or delay in getting an appointment in their home district. One thing to consider, for example, is in which consular district the applicant can demonstrate the strongest ties.

There is no guarantee that a visa will be issued, nor is there a guarantee of processing time. If refused, there is no refund of the application fee.

Applicants are generally advised to apply in their country of nationality or residence.


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Q.6 Do all nonimmigrant visa applicants have to come to the Embassy for an interview?

Yes, for most applicants. There are only a few exceptions to the interview requirement. The following applicants generally do not have to appear in person:

  • Applicants for A1, A2 (official travelers on central government business), C2, C3 (central government officials in transit on central government business) or G1, G2, G3, G4 (central government officials traveling in connection with an international organization, or employees of an international organization).

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Q.7 I have a nonimmigrant visa that will expire soon and I would like to renew it. Do I need to go through the whole visa application process again?

Yes, each nonimmigrant visa application is a separate process. You must apply in the normal manner, even though you had a visa before and even if your current nonimmigrant visa is still valid.


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Q.8 My passport has expired, but the U.S. visa in it is still valid. Do I need to apply for a new visa?

No. If your visa is still valid and unmarked or undamaged, you can travel with your two passports together (old and new), if the purpose of your travel matches your current nonimmigrant visa. Also, the name and other personal data must be the same in both passports (unless the name change was due to marriage), and both passports must be from the same country and of the same type (i.e., both tourist passports and both diplomatic passports).

Please note that if the name change was due to marriage, you can travel to the United States with both passports as well as your marriage certificate.


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Q.9 I have dual citizenship. Which passport should I use to travel to the United States?

U.S. citizens, even dual citizens/nationals, must enter and depart the United States using a U.S. passport. As long as one of your nationalities is not U.S., you can apply using whichever nationality you prefer, but must disclose all nationalities to the Embassy on your application form


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Q.10 How can I extend my visa?

The validity of a visa cannot be extended regardless of its type. You will need to apply for a new one.


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Q.11 Must I submit my visa application form electronically?

Yes, you will need to complete the DS-160 and carry a printed copy of the the DS-160 confirmation when you go for your interview at the U.S. Embassy.


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Q.12 What is "administrative processing?"

Some visa applications require further administrative processing, which takes additional time after the visa applicant's interview by a consular officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. Learn more.


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Q.13 How do I read and understand my visa?

As soon as you receive your visa, check to make sure all your personal information printed on the visa is correct. If any of the information on your visa does not match the information in your passport or is otherwise incorrect, please contact the issuing authority i.e. U.S. Embassy, immediately. 

The expiration date of your visa is the last day you may use the visa to enter the U.S. It does not indicate how long you may stay in the U.S. Your stay is determined by DHS at your port of entry. As long as you comply with the DHS decision on the conditions of your stay, you should have no problem.

Further information on interpreting your visa can be found at Questions About Visas.


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Q.14 My visa will expire while I am in the United States. Is there a problem with that?

No. You may stay in the U.S. for the period of time and conditions authorized by the DHS officer when you were admitted, which will be noted on the I-94, even if your visa expires during your stay.


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Q.15 What will happen when I enter the U.S.?

Your airline should give you a blank I-94 (or I-94W for visa waiver travelers) and a Customs Declaration form 6059B. Each traveler must complete the I-94; only one Customs Declaration is required for a family traveling together.

A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad to travel to a U.S. port of entry and request permission to enter the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the United States, the Customs and Border Protection officer will put a small card, Form I-94, Arrival-Departure Record in your passport. Visa Waiver Program travelers receive Form 1-94W. On this form, the officer records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. Your Form I-94 or I-94W is a very important document to keep in your passport, since it shows your permission to be in the United States. Review information about Admission on the CBP Website. Also, see Duration of Stay.


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Q.16 I did not turn in my I-94 when I left the United States. What should I do?

The I-94 or I-94W will normally be stapled to your passport by the CBP officer. Do not remove it. Airline personnel should remove it when you check in for your flight out of the United States. If you arrive home with the I-94 still in your passport, you are responsible for sending it, with proof of your departure (e.g. a copy of your boarding pass, frequent flier statement or passport showing both bio data page and page with entry into a non U.S. destination), to:

DHS CBP ACS
1084 South Laurel Road
London KY 40744 USA

Do not give it to the U.S. Embassy or any other office. If you do not clear your departure properly with DHS you may be considered to have unlawfully remained in the U.S. and ineligible to reenter in the future.


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Visa Refusals

The United States is an open society. Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of unencumbered travel in the United States, aliens have a responsibility to prove they are going to return abroad before a visitor or student visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.


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Q.17 What Is Section 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

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 admission, that he is entitled to a nonimmigrant status.

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Our consular officers have a difficult job. They must decide in a very short time if someone is qualified to receive a temporary visa. Most cases are decided after a brief interview and review of whatever evidence of ties an applicant presents.


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Q.18 How can an applicant prove "strong ties?"

Strong ties differ from country to country, city to city, individual to individual. Some examples of ties can be a job, a house, a family, a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

Imagine your own ties in the country where you live. Would a consular office of another country consider that you have a residence there that you do not intend to abandon? It is likely that the answer would be "yes" if you have a job, a family, if you own or rent a house or apartment, or if you have other commitments that would require you to return to the that country at the conclusion of a visit abroad. Each person's situation is different.

U.S. consular officers are aware of this diversity. During the visa interview they look at each application individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicants specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.


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Q.19 Is a Denial under Section 214(B) Permanent?

No. The consular officer will reconsider a case if an applicant can show further convincing evidence of ties outside the United States. Unfortunately, some applicants will not qualify for a nonimmigrant visa, regardless of how many times they reapply, until their personal, professional, and financial circumstances change considerably.

An applicant refused under Section 214(b) should review carefully their situation and evaluate realistically their ties. They may write down on paper what qualifying ties they think they have which may not have been evaluated at the time of their interview with the consular officer. Also, if they have been refused, they should review what documents were submitted for the consul to consider. Applicants refused visas under section 214(b) may reapply for a visa. When they do, they will have to show further evidence of their ties or how their circumstances have changed since the time of the original application. It may help to answer the following questions before reapplying: (1) Did I explain my situation accurately? (2) Did the consular officer overlook something? (3) Is there any additional information I can present to establish my residence and strong ties abroad?

Applicants should also bear in mind that they will be charged a nonrefundable application fee each time they apply for a visa, regardless of whether a visa is issued.


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Q.20 Who Can Influence the Consular Officer to Reverse a Decision?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at our Foreign Service posts to resolve. An applicant can influence the post to change a prior visa denial only through the presentation of new convincing evidence of strong ties.

For information about visa ineligibilities other than 214(b), please visit the Department of State website at: http:travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html


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