Resource Articles
13 April 2002
Obtaining a Visa Stamp at a U.S. Embassy or Consulate Abroad
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Regulation of visa status and the issuance of a visa stamp are distinct processes controlled by two, different government agencies. When a foreign national applies for a visa stamp at a U.S. Embassy’s Consular Section, the U.S. Department of State (DOS) is responsible for the approval of a visa application and the insertion of a visa stamp into a valid passport. The stamp itself is a machine readable document containing both biometric and visa-specific information. The visa stamp allows a foreign national to enter (or re-enter) the United States. Some foreign nationals are not required to have visa stamps under the “Visa Waiver Program” but are very limited in the types of activities and length of stay in the United States.
By contrast, when a foreign national is in the United States, the U.S. Citizenship and Immigration Services (CIS) is solely responsible for governing visa status. Upon entry (or re-entry), valid status alone allows a foreign national to remain legally in the United States. Thus, a Notice of Approval (INS Form I-797) is sufficient evidence of lawful status. This is true even if the foreign national changes status while in the United States. However, if the foreign national departs the United States and does not possess a valid and current visa, an application for a visa stamp must be made at the U.S. Embassy or Consulate, usually in the individual’s home country. The foreign national otherwise may not be readmitted to the U.S.
Obtaining a visa stamp from a U.S. Consulate abroad can be a frustrating and time consuming process. Foreign nationals may apply for their visa stamps at U.S. Consulates outside their home countries, but these consular offices are not obligated to accept visa applications of third country nationals. Further, under U.S. immigration regulations, any foreign national applying for a visa to enter the United States has immigrant intent. Immigrant intent is the expectation of living permanently in the United States. Therefore, in most cases (other than for H and L visas) a foreign national must prove to the U.S. Consular Section that they intend to return to their home country and not immigrate to the United States. Prior visa violations and criminal records jeopardize all visa applications. Individuals with family members already in the United States, and/or those who have previously filed Immigrant Visa applications have an especially hard burden to overcome in securing their nonimmigrant visa.
Every American Embassy’s Consular Section has unique procedures and processing times and these procedures are in constant flux, therefore we strongly recommend visiting the U.S. State Department’s Consular Affairs website located at http://travel.state.gov prior to any travel abroad to review the latest visa issuance procedures at your specific U.S. Embassies and Consulates. All Embassies require you to complete its own version of the DS-156, which is provided at the Embassy. This form may be completed at the Embassy and generally should not be prepared in advance. Visa applicants should be prepared to present to the Consular Officer at the U.S. Embassy an original I-797 Approval Notice as well as a complete copy of the visa application if available. Family members are generally eligible for “companion” visas to come to the United States (e.g. H-4, L-2, J-2, F-2 visas). The Consular section often requires proof of familial relationship such as a marriage or birth certificate with certified translations as needed.
We recommend that all Tocci, Goss & Lee, PC clients call our office to verify that they have all the necessary documentation for issuance of their visa at an Embassy abroad prior to travel outside the U.S.
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