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Visa Delays

Visa Delays

The most common reasons for non-immigrant visa delays or denials are the following:

1) Intending immigrant

Most often the reason for a denial has to do with the student or scholar's presumed intent to immigrate to the United States, known as 214(b). It is often difficult to disprove this accusation as it is by it's very nature very subjective. For guidance from the DOS on this topic, review the following information here.

2) Security clearances for some visa applications

The Department of Homeland Security (DHS), together with the DOS have indicated that the process of issuing visas to some individuals will be slowed due to “name check” security clearances. The DOS has stated that their goal is to issue the security clearances within a 30-day period.

The following categories are used to determine who may be subject to this process.

By citizenship, nationality or country of birth

Special scrutiny is now imposed on visa applicants who were born in or are nationals or citizens of certain countries. The list has varied since 2001, and it is often unclear whether or not a particular country is still officially on the list or not. The list was originally designed to apply to male visa applicants between the ages of 16 and 45. However this designation has not been applied consistently, and female applicants have also been subject to security procedures.

In fact there are two lists of countries. The first list has been in place consistently for many years as countries the DOS has identified as “state sponsors of terrorism”. Male and female visa applicants from these countries are subject to security clearance procedures :

A security clearance may also be required by the U.S. consulate if a visa applicant is born in or is a citizen or national of certain countries. The list of countries is not published, but seems to include the following:

Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, and the territories of Gaza and West Bank. This list will continue to change.

By Field of Research

A security clearance is normally required for students and scholars conducting research in certain sensitive fields.

Renewal of visa: In a recent memorandum the DOS indicated that a security clearance would be valid for a longer period of time so that students and scholars may not have a long a delay due to security clearance procedures. For details, please go here.

3) Interviews

The consular officer may waive the interview requirement for the categories of applicants listed below if they present no national security concerns:

  1. Is a child under 14 years of age.

  2. Is a person over 79 years of age.

  3. A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visas.

  4. Is an applicant for a diplomatic or official visa.

  5. Is an applicant who within 12 months of the expiration of the applicant's previously issued visa is seeking re-issuance of a nonimmigrant biometric visa in the same classification at the consular post of the applicant's usual residence, and for whom the consular officer has no indication of visa ineligibility or of noncompliance with U.S. immigration laws and regulations.

  6. Is an applicant for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstance! s (emerg ency, unusual hardship, et al.) as determined by the consular officer.

A consular officer or the Deputy Assistant Secretary of State may not waive a personal appearance for:

  • Any nonimmigrant visa applicant who is not a national or resident of the country in which he or she is applying, unless the applicant is eligible for a waiver of the interview under section 3 or 4 above.
  • Any nonimmigrant visa applicant who was previously refused a visa, is listed in CLASS, or who otherwise requires a Security Advisory Opinion, unless

    • The visa was refused temporarily and the refusal was subsequently overcome

    • The alien was found inadmissible, but the inadmissibility was waived

    • The applicant is eligible for a waiver of the interview under section 3 or 4 above.
  • Any nonimmigrant visa applicant who is from a country designated by the Secretary of State as a state sponsor of terrorism, regardless of age, or in a group designated by the Secretary of State under sect ion 222(h)(s)(F) of the Immigration and Nationality Act, unl! ess the applicant is eligible for a waiver of the interview under section 3 or 4 above. More information about this group can be found at: http://travel.state.gov/visa/laws/telegrams/telegrams_2556.html