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Again processing delays at the US consulates

Recently the US Department of State has announced that all applicants for non-immigration visas have to be prepared for longer waiting times at the US consulates. At present, we are expecting processing times of up to six or eight weeks. Our regular readers will remember that recently an additional form (DS-157) has become obligatory for all non-immigration visa applications and another additional form for certain categories (e.g. J-1 and F-1). The reason for the delays is the resulting closer examination of visa applicants. Please note that you will also have to add the additional processing time at the US authorities within the country if you are applying for a work permit. However, there also are some positive exceptions - just recently we could obtain a R-1 visa for one customer within two weeks!

Quite frequently the delays are also due to insufficient preparation of the visa applications, because people are of the mistaken belief that this is an automatic approval process. This is especially the case for tourist visa applications (B1/B2) for stays of more than 90 days, an increasing number of which is being rejected even for Germans. The reason is quite often that the intent to return is not sufficiently documented, or the purpose of the stay is not made clear. In case an applicant cannot prove that he or she will for sure have a job to return to after the stay in the US, the application will almost always be rejected. And also foreign citizens who have only been in Germany for a few years will often be suspected of secretly intending to stay in the US illegally.

On this note, let us remind you of our consulting service for B-2 tourist visas. If you have any questions, please do not hesitate to call our hotline or write us an email.

We don't like having to inform you about the fact that admission regulations are becoming continuously stricter. We would much rather tell you about new visa options and improvements of US immigration law. Nevertheless, we see it as our duty to keep you posted on all developments so that you can prepare for your stay in the US and won't have any unpleasant surprises upon arrival in the US.

As you will remember, we have written about new admission regulations for citizens of the countries of Iran, Iraq, Libya, the Sudan and Syria before. These measures are part of a greater concept to improve controls for arrival and departure, already introduced in 1996 but not very well executed up to now. We now want to provide all the affected readers with a little more detail about these regulations. We must point out that the regulations unfortunately also apply to citizens of the above mentioned countries who are no longer living in their home country. Furthermore, even other persons who "look suspicious" may be stopped at the border and subjected to the same procedure.

Apart from fingerprints, a photo and an interview at the border - according to officials statements by the INS the entire procedure is to last no more than five to ten minutes - an appearance at the US aliens department is required. If you are staying in the US for more than 30 days, you also must register with the administration within six to eight weeks and, unfortunately, sit through another interview.

This procedure will be repeated every time you re-enter the US, you have to personally appear at the department within ten days of your initial entry (i.e. ten days after crossing the border for the first time after your visa has been issued abroad). The same applies if you are in the US on a long-term basis, e.g. on a work visa. You cannot just go to any INS office, so please make sure you get a list with your local office upon admission into the country. Carry with you documents such as your lease agreement, or documentation about your accommodation, if you are a student, bring documentation about your enrolment and if you are in the US on a work visa, documentation about your existing employment.

Please make sure to strictly observe the regulations for registration and notify the INS within ten days about any changes of your employer (e.g. for H-1B), your university (for F-1), or your address (in both cases, form AR-11), otherwise you may be fined or deported! In the case of doubt, depart from the same airport you arrived at and make sure that your departure is registered. If this does not happen, you may not be admitted into the country upon your return, or your visa may be revoked altogether. Please also read our news section "From All Four Corners of the US."

Please note: green card holders, irrespective of their nationality, of course do not have to undergo these procedures!