State Department promises to be fair and respectful to visa applicants

The US Department of State, which manages the visa process (issuing visas), recently published a "Customer Service Statement," promising that visa applicants would be treated with "dignity and respect" when applying for visas. Among the "promises" made by the State Department (to people applying for visas at the Embassy) are:

"We promise to you, the visa applicant, that:

• We will treat you with dignity and respect, even if we are unable to grant you a visa.

• We will treat you as an individual and your case as unique.

• We will remember that, to you, a visa interview may be a new or intimidating experience and that you may be nervous.

• We will use the limited time available for the interview to get as full a picture as possible of your travel plans and intentions.

• We will use our available resources to fairly assist all applicants to get appointments to allow travel in time for business, study, and other important obligations.

• We will explain the reason for any visa denial to you.

Furthermore, if you are a:

• Student, we will make every effort to ensure that you get an appointment and, if qualified, a visa in time to start classes.

• Medical and humanitarian emergency traveler, we will expedite processing for those dealing with life threatening emergencies.

• Business traveler, we will establish appropriate mechanisms to facilitate business travel and expedite cases of particular concern to American business.

At the same time, we expect you, the visa applicant, to:

• Plan your travel and visa application as far in advance as possible.

• Complete your application fully and accurately.

• Be forthcoming [truthful] about your purpose and plans.

• Prepare for your interview by being able to clearly and concisely describe your intentions." (Emphasis Added)

I, myself, have had the opportunity to deal with the US Embassy on many, many occasions, concerning my clients’ visas, whether applying for temporary (non-immigrant) visas, or immigrant visas (green cards). The Consuls and their staff really are fair and reasonable, and the Embassy is not in the "business of denying visas." As the Consul General of the US Embassy once said to me, "A good day would be when we are able to issue a visa to every applicant."

However, it is really up to you, the visa applicant, to prove (or demonstrate) your eligibility or entitlement to the visa. If you’re not entitled to the visa, (because you do not meet the legal requirements, or have some other ineligibility or "problem" with your case), then, by law, Consuls cannot issue you a visa, as that would be "against the law."

I would also suggest that people follow these additional points when applying for a visa (or adjustment of status):

• Tell the truth to the Consul or Immigration Officer.

• Present only documents that are true, genuine, and authentic. No documents from Recto Street!

• Be brief and to the point in your answers to the Consul’s questions. Resist the temptation to tell your whole life story and family history to the Consul in response to every question he asks.

• Stick to the subject and get straight to the point in your answers.

• Listen to the question the Consul is asking before you start answering.

• Make sure you understand the question. If not, ask the Consul to reword or explain the question, rather than you answering a question that you do not understand.

• Don’t guess. If you don’t know an answer, tell the Consul the "truth," that you don’t know or you don’t remember.

Of course, no one can "guarantee" that a person will be issued a visa. However, if you do apply for a visa, do so only if you are eligible, able to fully prove and document your eligibility, and you tell the truth. In so doing, you’ll greatly increase your chances for success!

* * *

WEBSITE: www.gurfinkel.com

Four offices to serve you:

PHILIPPINES: 8940258 or 8940239

LOS ANGELES: (818) 5435800

SAN FRANCISCO: (415) 5387800

NEW YORK: (212) 8080300