Visa Embassy Processing
Generally, aliens seeking entry into the United States must apply for a visa from a U.S. consulate in the country where the applicant resides or has permanent resident status. There are a number of reasons advanced as to why U.S. consulates will usually only process applications for those residing or having status in the country where the consulate is located (Although legally, in most cases, they could potentially process any applicant's request). First, the consulate located in the applicant's home country is the most capable of ascertaining the legitimacy of the applicant's claims (such as claims of business ties to the country, etc.). Second, most consulates are extremely busy with applications; they do not have the time nor resources to investigate applications presented by citizens or residents of another country about which the consulate may not have readily available information.
There are different steps that applicants may have to pursue depending on the type of visa. In general, visas can be classified into two major categories: immigrant visas and non-immigrant visas.
For immigrant visas, applicants may have to wait until their visa number becomes current, unless a visa is immediately available for them. The application commences with what is normally called a "Packet 3", a combination of several forms. After the consulate receives the completed Packet 3, an appointment is usually set. After the appointment is set, the applicant will generally have additional forms to complete, which he/she is to bring to the embassy. This embassy appointment most often includes an interview.
For a non-immigrant application, the applicant should first verify the procedure of the specific consulate where he/she is applying. Some consulates allow walk-in applications, while others may require a prior appointment. Depending on the type of non-immigrant visa, prior U.S. Citizenship and Immigration Service (USCIS) approval may be required. This is the case for most work and training visas, but is not normally true for some training, visitor, and dependent visas. Non-immigrant applications can be classified, based on the type of visa, into two major categories: those that allow dual intent, meaning that the applicant can have the intention to pursue permanent status in the United States at the time of receiving the temporary visa, and those that do not. Non-immigrant visas allowing dual intent include popular work visas, such as the H visa and the L visa. For dual intent visas, the applicant should provide the original approval notice, which he/she should have previously obtained from the USCIS, as well as typically the complete original application submitted to the USCIS (again, this process varies from consulate to consulate).
For a non-immigrant visa where dual intent is not allowed (such as a visitor's visa), the applicant should be prepared to submit extensive documentation as to the ties with his/her home country to assure the consulate that the applicant will return to his/her country after the end of the visit. Ties to the home country may include family ties (spouse, children, etc.), work ties, or the possession of substantial assets, which would make it likely that the applicant will return to his/her country after the short visit.
