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发信人: us (祝大家美梦成真), 信区: Flyingoverseas
标 题: 给拒签一个说法-美使馆签证问答
发信站: 哈工大紫丁香 (Mon Apr 10 07:13:04 2000), 转信
I've been refused! Why?
U. S. visa law requires that every applicant for a nonimmigrant visa be
considered an intending immigrant until the applicant can show otherwise.
(The presumption is contained in Section 214(b) of the Immigration and
Nationality Act.) To overcome the presumption of immigrant intent, the visa
applicant must demonstrate to the consular officer that his reasons for
returning to China are greater than his reasons for staying in the United
States. The vast majority of applicants who are refused are denied because
they were unable to overcome that presumption.
The fact that someone was refused does not mean that he or she cannot apply
again. If an applicant can bring new information to the next interview that
indicates a substantial change in his or her circumstance, he or she is
welcome to reapply.
QUESTIONS AND ANSWERS
Q1: Where and when may I apply for a nonimmigrant visa to the
United States? How much does it cost?
A: Appointments for submittimg applications for nonimmigrant visas are issued
between 7:30 and 10:30 a.m. Monday through Friday at the American Embassy at
2 Xiu Shui Dong Jie. Our offices are closed on American and Chinese holidays.
There is a RMB 405 visa processing fee payable at one of Beijing's designated
CITIC Industrial Banks. This receipt issued after payment has been made is
non-refundable under any circumstances.
The following designated branch offices currently provide this service:
19 Jian Guo Men Wai Avenue
(Chao Yang District)
06 Xin Yuan Nan Street
(Chao Yang District)
05 Dong Da Qiao Street
(Chao Yang District)
34 Bai Shi Qiao Street
(Hai Dian District)
306 Fu Cheng Men Avenue
(Xi Cheng District)
Q2: How long before I plan to travel should I apply for a visa?
A: Please apply for your visa well before the date you intend to travel.
While we strive to return passports with issued visas the following business
day between 3:00 and 4:00 p.m., factors beyond our control sometimes delay
the return of passports for several days. Moreover, because of the huge number
of applications we receive it is not possible to interrupt our service to the
majority of applicants in order to accommodate specially those applicants who
fail to apply for a visa early enough.
Q3: How do you decide whether or not to issue a visa?
A: The interviewing Consular officer must apply the provisions of the U.S.
Immigration and Nationality Act (INA) in determining whether an applicant is
eligible for a U.S. visa. One of the most important points in the INA that an
officer is called upon to apply is Section 214(b). That section states: "Every
alien shall be presumed to be an immigrant until he establishes to the
satisfaction of the consular officer, at the time of the application for a
visa ... that he is entitled to nonimmigrant status...." This means that our
officers are required by law to view each visa applicant as an intending
immigrant until the applicant proves otherwise. Your proof may come in many
forms, but when considered together, it must be enough for the interviewing
officer to conclude that your overall circumstances, including a permanent
residence and other ties abroad, will compel you to leave the United States
at the end of a temporary stay. No single document, certificate, or guarantee
letter can be regarded as sufficient for this purpose. Because of the volume
of applications received, visa officers must decide after a brief interview
whether someone is qualified to receive a visa. Applicants should therefore
be prepared to present their case clearly and concisely, since the application
must otherwise be denied.
Q4: Is a denial under Section 214(b) permanent?
A: No. If you have new information which was not presented to the interviewing
officer at the time of your first application or if your overall circumstances
have changed significantly since your last application and you can now better
establish convincing ties outside of the United States, you may reapply.
Q5: Do refused applicants have to wait three to six months before
reapplying?
A: There is no time restriction on resubmitting an application after a
refusal. If you have additional information or supporting documentation to
present which is substantially different from your initial application you are
encouraged to reapply. If your circumstances are unchanged and you will
present only evidence which has already been reviewed recently by an officer,
your chances of gaining approval on a second or third application are much
lower. In such cases, it is probably better to wait until your personal
circumstances have changed significantly before reapplying.
Q6: I presented all the documents I was told to bring, but my
application was turned down anyway. What else should I bring?
A: The problem is not the documents. Rather, your current overall situation
(as supported by those documents) was not adequate to overcome the presumption
that you are an intending immigrant. Remember, U.S. law says that you are an
intending immigrant until you show that your overall circumstances would be
adequate to compel you to return home after visiting the U.S.
Q7: Why are the visa interviews so short? I was refused after only
a couple of questions and the interviewer hardly looked at my documents?
A: The visa officers handle almost 100,000 applications every year. Based on
this experience, we are able to quickly review the application form and
supporting documents in order to narrow the range in which questions may need
to be asked. Keep in mind, most of the information we need is already supplied
on the application form itself, so there is usually no need for the officer to
ask more than a few additional questions. We often need only to verify your
identity or clear up one or two points. Also, if the interview were longer,
you would end up waiting in line for a considerably longer time. In order to
be fair to all applicants and to provide everyone an equal opportunity to
establish eligibility, we must work quickly and efficiently.
Q8: I have heard that it is better to say that I am going for
business than for tourism or to see relatives. Is this true?
A: No. Tell the truth. If your ties to China are adequate to overcome the
presumption of immigrant intent (INA section 214b), a tourist visa will be
issued. Problems arise if you mislead the interviewing officer as to your
intent in visiting the United States. Once a misrepresentation is made, we may
find it difficult to believe other information you have supplied.
Q9: When I applied for a visa, I told the officer I would return to
China after a short stay in the US. Why didn't the officer believe me?
A: We are required to evaluate your overall situation in reaching a decision.
Your statement that you intend to return to China is helpful, but under the
requirements of U.S. law the statement alone is not adequate to show you have
strong ties outside of the United States which would compel you to return to
China. It is not that the officer did not believe you. Rather, the officer
considered your statement along with the other evidence you brought to your
interview and concluded that, on the whole, the evidence was not compelling.
Q10: I have been accepted by a U.S. school which issued me an
I-20. Why isn't that enough for issuance of a student visa?
A: The approved INS I-20 is just one piece of information the interviewing
officer must consider when deciding whether a visa may be issued. Remember,
under Section 214(b) of the U.S. Immigration and Nationality Act, you still
must prove that you will leave the United States after the purpose for which
you entered the United States comes to an end. In student visa cases, the
applicants may intend to stay in the United States for many months and even
years pursuing a course of study. Consequently, we must consider your overall
circumstances when deciding whether to approve a student visa. Student visas
must be denied if it 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. The fact that a school has admitted a student to study and
issued the student an I-20 is, therefore, only one factor we consider.
Q11: Why do many of the refused applicants get the same letter
of explanation as to why they were turned down? For example,
shouldn't the reason be different for a student visa applicant than
a tourist visa applicant?
A: The legal basis for most visa refusals is the same: section 214(b) of the
INA (see question 5). In most refusal cases, the applicant fails to show
strong enough or stable enough ties outside the U.S. to convince the officer
that the applicant will depart the United States after a temporary period.
Many refused applicants believe there is a document or a special way to
answer our questions that will enable them to successfully reapply for a visa
days or weeks later. However, as the problem for applicants refused under
section 214(b) lies in their overall situation, no single answer or document
exists which would prove satisfactory in all cases. Applicants are encouraged
to reapply only when their overall circumstances have changed. For example,
an unemployed recent graduate may decide to reapply following a sustained
period of steady employment.
Q12: What are some examples of adequate ties to China?
A: Often the interviewing officer considers your job, family, and financial
circumstances. "Ties" are the various aspects of your life that bind you to
your place of residence such as your possessions, employment, social and
family relationships. In cases of younger applicants who may not have had an
opportunity to establish such ties, interviewing officers may look at the
applicant's specific intentions, family relations, educational status (is the
applicant in the middle of an academic program?), grades, and long-range plans
and prospects in China. As each person's situation is different, there is no
magic answer as to what constitutes sufficient ties. For example, one person
may have a thriving business in China which he or she would be unlikely to
abandon, while another may have close and convincing ties to a house and
family here, or a promising career.
Q13: I will certainly return to China because my parents are here.
I am the only son in my family and I need to return so that I can
take care of my parents. Why did the officer say I have
insufficient ties to compel me to return?
A: Our experience shows that being an only son has not deterred many Chinese
travelers from remaining indefinitely in the US. While this factor may be one
among others relevant to an individual's personal circumstances, it would not
usually, in itself, be sufficient to establish eligibility.
Q14: My company and my American friend have both written
letters guaranteeing that I will return to China. Why isn't that
considered to be enough proof that I actually will return?
A: A guarantee letter, like other forms of written documentation, will be
considered by the interviewing officer. However, a letter, by itself, does not
establish the applicant's ties to outside of the United States. Similarly,
pledges from highly placed persons that you will return to China do not
automatically enable applicants to overcome section 214(b). This is because
U.S. law does not permit visa officers to delegate to others their authority
to evaluate the applicant's actual overall circumstances.
Q15: I have a letter (or fax) to show you which will help you
understand my situation and my strong ties to China. Can I send
it to you so you can read it in advance of my interview?
A: You should bring any information, including your letter, to the interview.
Mailing it to us in advance will not be helpful. The visa interview is the
proper setting for us to consider the information in your letter.
Q16: Shouldn't I conceal the fact that I have close relatives living
in the United States, that I have an application to immigrate on
file, and that I have previously been denied a visa? What are the
consequences if an applicant conceals or misrepresents
information or submits fraudulent documents to the Embassy?
A: The risks of fraud are serious. Applicants who provide incorrect
information, conceal relevant facts, or misrepresent their cases may become
permanently ineligible to enter the United States. All approved applications
are checked against computer records to see if certain information on the
application was truthfully presented. It is common in China for an applicant
to have relatives in the United States or a petition to immigrate on file.
These factors by themselves will not prevent approval of your application.
Misrepresentation of these facts, however, risks causing your application
to be refused.
Q17: Must applicants take tests such as the TOEFL, SAT, GRE,
and GMAT, in order to obtain a student visa? Is any particular
score on these exams needed to get a visa?
A: Applicants are generally not required to take any particular tests to
qualify for a visa. However, we note that motivated and serious student visa
applicants often take such tests when seeking admission to schools in the
United States. The fact that a student has taken one or more of these tests
may help show the seriousness of the applicant's study plans.
Q18: If my visa application is denied, would it help to have a high
ranking official or an American friend contact the interviewing
officer?
A: No. United States law assigns the responsibility for issuance or refusal of
visas to consular officers overseas. They have the final say on all visa
cases. Additionally, United States law is designed to insulate the decisions
in visa cases from outside influences. An applicant can influence a reversal
of a prior denial only through presentation of new convincing evidence of
strong ties.
Q19: Should I use a travel agent or other advisor to help me apply?
A: The matter is a personal decision for you to make. However, in most cases
it is not necessary for you to hire a travel agent to assist you with your
application. Travel agents will often charge you to fill out forms which are
available free in our office. They also charge large sums on the promise of
enabling the traveler to bypass the visa interview. However, all applications
submitted by travel agencies are given careful scrutiny and, when appropriate,
applicants are called in for interviews. Further, our experience shows that
many applicants are coached by intermediaries to provide answers which are
misleading. While the truthful answer would not have harmed the application,
the discovery of a misleading answer often puts the entire application in
doubt.
If you have particular questions about our procedures, we suggest you contact
the Embassy's informtion unit at 6532-3431.
Q20: What can I do if I have a complaint about the application
process or my case?
A: All visa applicants are entitled to courteous, efficient, and
consistent
treatment. If you feel you were treated improperly during the
processing of
your visa application, you should write to the Consul General and
describe
the circumstances. Your concerns will be investigated and corrective
action
taken where justified. Our fax number is (011) (86) (10) 6532-3178.
Q21: What if I have other questions about applying for a U.S.
visa?
If you have other questions not answered here, you may contact the
Embassy's
informtion unit at 6532-3431,
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