> Ties
to Your Home Country
> English
> Academics
> Be
Concise
> Supplemental
Information
> Not
All Countries Are the Same
> Financial
Documentation
> Employment
> Dependents
Coming With You
> Dependents
Remaining at Home
> Special
Visa Restrictions
> Maintain
a Positive Attitude
This section is adapted from the homepage of NAFSA: Association
of International Educators and is reprinted with their permission.
Ties to Your Home
Country
Under U.S. law, all applicants for nonimmigrant visas are
viewed as intending immigrants unless they can convince the
consular officer that they are not. You must, therefore, be
able to show that you have reasons for returning to your home
country that are stronger than those for remaining in the
United States. Ties to your home country are the things that
bind you to your hometown, homeland, or current place of residence:
job, family, financial prospects, property that you own or
will inherit, investments, and so on. You may be asked about
your specific intentions or promise of future employment,
family or other relationships, educational objectives, grades,
long-range plans, and career prospects in your home country.
Each person's situation is different, and there is no magic
explanation or single document, certificate, or letter that
can guarantee visa issuance. In addition, the law requires
that all applicants be evaluated for the potential that they
may intend harm.
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English
Anticipate that the visa interview, if you have one, will
be conducted in English, not in your native language. One
suggestion is to practice English conversation with a native
speaker before the interview. Do not bring parents or family
members with you to the interview. The consular official will
want to interview you, not your family. You create a negative
impression if you are not prepared to speak on your own behalf.
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Academics
Know the academic program to which you have been admitted
and how it fits into your career plans. If you are not able
to articulate the reasons you will study in a particular program
in the United States, you may not succeed in convincing the
U.S. consular official that you are indeed planning to study,
rather than to immigrate. You should be able to explain how
studying in the United States relates to your future professional
career when you return home.
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Be Concise
Because of the volume of applications received, all consular
officers are under considerable pressure to conduct a quick
and efficient interview. They must make a decision, for the
most part, on the impressions they form during the first minute
or two of the interview. Consequently, what you say first
and the initial impression you create are critical to your
success. Keep your answers to the officer's questions short
and to the point.
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Supplemental
Information
It should be clear at a glance to the consular officer what
written documents you are presenting and what they signify.
Lengthy written explanations cannot be quickly read or evaluated.
Remember that you will have two to three minutes of interview
time at best.
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Not All Countries Are
the Same
Applicants from countries suffering economic problems or from
countries where many students have remained in the United
States as immigrants will have more difficulty getting visas.
Statistically, applicants from those countries are more likely
to be prospective immigrants. They are also more likely to
be asked about job opportunities at home after their study
in the United States. In addition, some countries have been
determined to pose an increased security concern, and citizens
from these countries require additional processing.
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Financial Documentation
If you are receiving funding from your U.S. university, your
home university, your employer, or from the government, be
prepared to present the appropriate letters or documents that
verify this funding. If your financial support is coming from
personal or family funds, bank statements alone are seldom
considered credible enough evidence to demonstrate sufficient
finances. Only when coupled with highly credible documentation,
which can substantiate the source (for example, job contracts,
letters from an employer, tax documents, pay stubs, or deposit
slips), will a bank statement be accepted. Bank statements
are most credible if they are a series of reliable, computer-generated,
ordinary, monthly bank account statements.
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Employment
Your main purpose for coming to the United States is to study,
not for the chance of work before or after graduation. While
many students may work part-time during their studies, such
employment is incidental to their main purpose of completing
their U.S. education. You must be able to clearly articulate
your plan to return home at the end of your program. If your
spouse is also applying for an accompanying F-2 visa, be aware
that F-2 dependents cannot, under any circumstances, be employed
in the United States. Be prepared to say what your spouse
intends to do with his or her time while in the United States.
Volunteer work and attending school part-time are permitted
activities.
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Dependents Coming
With You
If your spouse and children will be traveling with you, additional
information will be needed for their visa applications. The
dependent visa category for F-1 students is F-2, for M-1 students
it is M-2, and for J-1 exchange visitors it is J-2.
Spouses are required to present proof of marriage, usually
in the form of a marriage license or certificate. A common-law
spouse is not considered to be a legal spouse under U.S. immigration
law and will, therefore, not be eligible for a dependent visa.
However, a common-law spouse may be eligible to apply for
a tourist visa. Keep in mind that tourists are restricted
in the length of time they may stay in the United States.
Consult with the U.S. consular office about current regulations
regarding tourist visas.
Unmarried children under the age of 21 are eligible for dependent
visas but must show proof of parentage. Additional financial
information will also need to be presented to prove that sufficient
funds are available to support your dependents in the United
States.
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Dependents Remaining
at Home
If your spouse and children are remaining behind in your country,
be prepared to address how they will support themselves in
your absence. This can be an especially tricky area if you
are the primary source of income for your family. If the consular
officer gets the impression that your family members will
need you to send money from the United States in order to
support them, your student visa application will almost certainly
be denied. If your family does decide to join you at a later
time, it is helpful to have them apply at the same post where
you applied for your visa.
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Special Visa Restrictions
If you are an applicant for a J-1 visa, the visa-issuing officer
will make a determination whether or not you are subject to
the two-year physical presence requirement, also known as
"212(e)." The number refers to the section of the
U.S. Immigration and Nationality Act in which the requirement
is explained. If you are an applicant for a J-1 visa and will
receive funds from your home country government or the U.S.
government, or if you have a field of study that appears on
the U.S. Department of State "Skills List" for your
country, you will be subject to the two-year requirement.
In general terms, this rule requires that you return to your
home country for at least two years upon completion of your
academic program before you would be eligible for certain
work-related U.S. visas and for permanent residency.
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Maintain a Positive
Attitude
Do not engage the consular official in an argument. If you
are denied a student visa, ask the officer for a list of documents
he or she would suggest you bring in order to overcome the
refusal and for the reason you were denied in writing.
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