Animetric's World: Webchat with the Consul c/o the US Embassy of Manila, Philippines

Wednesday, February 23, 2011

Webchat with the Consul c/o the US Embassy of Manila, Philippines

The US Embassy in Manila, Philippines held its first ever webchat event entitled "Ask the Consul" earlier this afternoon. The topic was US Non-Immigrant Visas. Since summer is coming, I'm pretty sure some of you are planning trips to the United States. While I've already posted an updated and comprehensive guide to US visa application here, I figured some could use the additional insight the chat would provide and so I transcribed a part of the session (I logged in a bit late and so I may have missed some earlier points). Please note that transcription has been edited for grammar and spelling errors. I've also omitted questions that do not pertain to NIVs.

US Embassy 1: (00:45) For business and tourist visas (B-1/B-2), each applicant must qualify under section 214(b) of the U.S. Immigration and Nationality Act (INA), which states: ''Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa . . . that he is entitled to nonimmigrant status . . .”. Essentially, the visa officer is looking to see that the applicant has compelling reasons to return to the Philippines. Under U.S. immigration law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States.
Francis Acero: (00:45) Just to repeat my questions yesterday:

1. Is there any way to appeal a decision of the consul denying an application for non-immigrant visa, when the denial is founded on a lack of evidence to establish that the applicant has not presented enough evidence to support his expressed intent not to stay in the United States;

2. Suppose that person, at the time of the denial was a college student, who now has completed trade school and is now working on his own. His family intends to give him a vacation in Los Angeles as a graduation gift, which includes a planned taxi franchise. What should he bring to establish his intent to go to the USA as a tourist?
US Embassy 2: (00:45)

1. A finding of ineligibility under Section 214(b) of the Immigration and Nationality Act cannot be appealed, but it is not a permanent ineligibility. If you believe you can demonstrate that you qualify for the visa, you may reapply.

2. The applicant should reapply and bring all documents which proves the applicant's family, social and economic ties outside of the United States. The Consul may not require these documents. It is more important that the applicant can answer the Consul's questions honestly and prove his ties.
marz: (00:48) I'm a government employee. I wish to apply for a tourist visa. What are the requirements needed?
US Embassy 2: (00:48) A government employee is subject to the same visa requirements as all other applicants if the purpose of the trip is for personal business or pleasure. If you are travelling on government business on behalf of the national government, you may qualify for a different visa category. Information on government visas can be found here - http://manila.usembassy.gov/wwwhniv6.html
Toni: (00:48) I have 3 friends in US who always insist on me visiting them but I told them that US visa approval is really hard. Is there any chance that I can be approved? Is it show money?
US Embassy 1: (00:48) The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines. Under U.S. immigration law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States. To reiterate our earlier answer, there is NO requirement to have ''show money'.' Visa-fixers and scam artists often prey on applicants and tell them they must have ''show money''. This is not true.
leah centillas: (00:50) I'm from Digos City and would like to apply for a tourist visa. Where can we get an application form?
US Embassy 2: (00:50) All applications are done online. Please go to this website for more information and instructions on the application process: http://manila.usembassy.gov/wwwhniv1.html
lei: (00:53) Is it possible to renew your visa abroad?
US Embassy 2: (00:53) You can apply for a visa at any U.S. consulate or embassy in the world.
guest: (00:54) If my parents are undocumented migrants in the US, will it affect my own family's tourist visa application?
US Embassy 1: (00:54) Each cases is looked at individually. The fact that you have undocumented family in the U.S. will NOT make you ineligible for a visa. Please just be entirely honest on the application form and during the interview. Being dishonest in the application process is much more likely to lead to a visa denial than having family in the U.S.

Odette Francisco: (00:55) Is it possible to renew a US visa if you've once overstayed in the US? Even if it happened more than 10 years ago?
US Embassy 2: (00:55) It is possible. You will need to have strong ties to convince the officer that your prior illegal presence in the United States will not be repeated.
vida: (00:57) How much money do we need to have in our bank accounts? How much is enough to cover for our tour expenses?
US Embassy 1: (00:57) There is no requirement minimum amount you must have in the bank to establish eligibility for a tourist visa. The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines.
helen: (00:57) Is there anything that can be included in the application or interview process to assure that a visa will be granted?
US Embassy 1: (00:57) Just be honest in the application and interview, and be prepared to explain to the officer the compelling reasons you have to return to the Philippines.
helen: (00:58) I would like to know how long it would take to obtain one and what the approval process is?
US Embassy 1: (00:58) The entire process is detailed on our website: http://manila.usembassy.gov/wwwh3024.html
langeles: (00:58) If I had a previous social secuity number but lost it, will I not mention it in the application form anymore?
US Embassy 2: (00:58) You should always be completely honest on your online application and at the interview. If we see that you have a social security number but you did not mention it, then your credibility is in question. In certain cases, this kind of omission could lead to a permanent visa denial.
maven: (00:59) Is it ok to travel as tourist to the US, then go to Canada (on tourist visa also) then fly straight back to the Philippines without passing through the US?
US Embassy 2: (00:59) Yes, that is perfectly acceptable if you have the necessary U.S. and Canadian visas.
Ma. Eliza S. Guerrero: (01:00) Sir/Ma'am, my son who is 18 years old and a 2nd year college student at De La Salle University taking up Biomedical Engineering wants to travel to the US this summer vacation and spend some time with our relatives. He also wants to check the universities there because of his plans of taking a masteral degree there after his graduation here. My question is... what is the possibility of him getting approved for a tourist visa since we have an existing petition from a US immigrant? Thank you.
US Embassy 1: (01:00) Having an immigrant petition on file is not grounds for an automatic refusal, but as an applicant, you will need to provide strong evidence that you intend to leave the United States after your planned visit.
Rosanna Javier: (01:01) Do I need to submit new application after I was denied?
US Embassy 2: (01:01) If your visa was denied 214b, then you will need to submit a new application. If you were denied 221g, then you have 1 year to provide the additional information and documentation the Consul requested at the interview without a new application. If you are unsure of the status of your case, email us at consmanilaniv@state.gov
Sonny English: (01:03) I am a U.S. disabled veteran who lives here in the Philippines, who's planning a trip home to Maui, Hawaii. My 'caretaker/employee' of 3 years whom I need to accompany me, applied for her non-immigrant visa and went to her interview last month. She was denied because they told her they were not convinced she would return. She has no family in the US. Her second interview is during the first week of March. What should she bring with her? How do we convince them that she will be returning with her employer?
US Embassy 1: (01:03) You are welcome to bring whatever supporting documentation you would like to your visa interview. The U.S. visa process, however, is not primarily document-based. The interviewing officer will ask you questions during your interview, and you must demonstrate that you have strong ties to the Philippines (or your country of residence). The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines.
lei: (01:03) What are the requirements for visa renewal?
US Embassy 2: (01:03) Visas are not renewed. Each application is considered on its own merits. Each time you apply, you only need to meet the necessary requirements. However, a good history of visa use is a positive factor when applying for a visa but it is not guarantee that a visa will be issued.
rhoda: (01:06) I was stilll single when I got my tourist visa. I am about to renew my passport. Would my old US visa still be good if I change my family name?
US Embassy 2: (01:06) Female holders of valid visas on passports reflecting their maiden name may present to the U.S. immigration officer at the Port of Entry a legal document, such as marriage certificate printed on the Philippine National Statistics Office security paper, attesting to the change of the surname. Should you wish to have a valid visa “transferred” to your new name and in a new passport, you must apply for a new visa.
Sonny English: (01:06) What are considered compelling reasons?
US Embassy 1: (01:06) Compelling reasons, or ''ties'' are unique to each person's situation. As each person's situation is different, there is no set answer as to what constitutes compelling reasons or ties. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States.

My two cents:

Although the consul pointed out that there is no "show money" requirement, having healthy finances in the Philippines IS definitely a tie that binds, something that can compel you to come back.
Like I mentioned in the guide that I posted, honesty is the ONLY policy where the consuls are concerned.
While in session, someone raised the question what would be considered as ties that bind for a student who is a minor. The consul said that it is understandable that a student would not yet have a job or sufficient income, so ties would consist of things like relationship with his/her family, situation of his parents/family, academic records, etc. I was unable to transcribe the exact words for this unfortunately.

I hope this helps! This is not going to be the last webchat with the US Consuls. Like the US Embassy of Manila, Philippines on FB to keep updated.

Update: Good news, the full transcript was uploaded by the US Embassy of Manila HERE.

Like this post? Subscribe to this blog by clicking HERE.

Become a Facebook Fan for updates from Animetric's World.

US Embassy 1: (00:45) For business and tourist visas (B-1/B-2), each applicant must qualify under section 214(b) of the U.S. Immigration and Nationality Act (INA), which states: ''Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa . . . that he is entitled to nonimmigrant status . . .”. Essentially, the visa officer is looking to see that the applicant has compelling reasons to return to the Philippines. Under U.S. immigration law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States.
Francis Acero: (00:45) Just to repeat my questions yesterday:

1. Is there any way to appeal a decision of the consul denying an application for non-immigrant visa, when the denial is founded on a lack of evidence to establish that the applicant has not presented enough evidence to support his expressed intent not to stay in the United States;

2. Suppose that person, at the time of the denial was a college student, who now has completed trade school and is now working on his own. His family intends to give him a vacation in Los Angeles as a graduation gift, which includes a planned taxi franchise. What should he bring to establish his intent to go to the USA as a tourist?
US Embassy 2: (00:45)

1. A finding of ineligibility under Section 214(b) of the Immigration and Nationality Act cannot be appealed, but it is not a permanent ineligibility. If you believe you can demonstrate that you qualify for the visa, you may reapply.

2. The applicant should reapply and bring all documents which proves the applicant's family, social and economic ties outside of the United States. The Consul may not require these documents. It is more important that the applicant can answer the Consul's questions honestly and prove his ties.
marz: (00:48) I'm a government employee. I wish to apply for a tourist visa. What are the requirements needed?
US Embassy 2: (00:48) A government employee is subject to the same visa requirements as all other applicants if the purpose of the trip is for personal business or pleasure. If you are travelling on government business on behalf of the national government, you may qualify for a different visa category. Information on government visas can be found here - http://manila.usembassy.gov/wwwhniv6.html
Toni: (00:48) I have 3 friends in US who always insist on me visiting them but I told them that US visa approval is really hard. Is there any chance that I can be approved? Is it show money?
US Embassy 1: (00:48) The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines. Under U.S. immigration law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States. To reiterate our earlier answer, there is NO requirement to have ''show money'.' Visa-fixers and scam artists often prey on applicants and tell them they must have ''show money''. This is not true.
leah centillas: (00:50) I'm from Digos City and would like to apply for a tourist visa. Where can we get an application form?
US Embassy 2: (00:50) All applications are done online. Please go to this website for more information and instructions on the application process: http://manila.usembassy.gov/wwwhniv1.html
lei: (00:53) Is it possible to renew your visa abroad?
US Embassy 2: (00:53) You can apply for a visa at any U.S. consulate or embassy in the world.
guest: (00:54) If my parents are undocumented migrants in the US, will it affect my own family's tourist visa application?
US Embassy 1: (00:54) Each cases is looked at individually. The fact that you have undocumented family in the U.S. will NOT make you ineligible for a visa. Please just be entirely honest on the application form and during the interview. Being dishonest in the application process is much more likely to lead to a visa denial than having family in the U.S.

Odette Francisco: (00:55) Is it possible to renew a US visa if you've once overstayed in the US? Even if it happened more than 10 years ago?
US Embassy 2: (00:55) It is possible. You will need to have strong ties to convince the officer that your prior illegal presence in the United States will not be repeated.
vida: (00:57) How much money do we need to have in our bank accounts? How much is enough to cover for our tour expenses?
US Embassy 1: (00:57) There is no requirement minimum amount you must have in the bank to establish eligibility for a tourist visa. The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines.
helen: (00:57) Is there anything that can be included in the application or interview process to assure that a visa will be granted?
US Embassy 1: (00:57) Just be honest in the application and interview, and be prepared to explain to the officer the compelling reasons you have to return to the Philippines.
helen: (00:58) I would like to know how long it would take to obtain one and what the approval process is?
US Embassy 1: (00:58) The entire process is detailed on our website: http://manila.usembassy.gov/wwwh3024.html
langeles: (00:58) If I had a previous social secuity number but lost it, will I not mention it in the application form anymore?
US Embassy 2: (00:58) You should always be completely honest on your online application and at the interview. If we see that you have a social security number but you did not mention it, then your credibility is in question. In certain cases, this kind of omission could lead to a permanent visa denial.
maven: (00:59) Is it ok to travel as tourist to the US, then go to Canada (on tourist visa also) then fly straight back to the Philippines without passing through the US?
US Embassy 2: (00:59) Yes, that is perfectly acceptable if you have the necessary U.S. and Canadian visas.
Ma. Eliza S. Guerrero: (01:00) Sir/Ma'am, my son who is 18 years old and a 2nd year college student at De La Salle University taking up Biomedical Engineering wants to travel to the US this summer vacation and spend some time with our relatives. He also wants to check the universities there because of his plans of taking a masteral degree there after his graduation here. My question is... what is the possibility of him getting approved for a tourist visa since we have an existing petition from a US immigrant? Thank you.
US Embassy 1: (01:00) Having an immigrant petition on file is not grounds for an automatic refusal, but as an applicant, you will need to provide strong evidence that you intend to leave the United States after your planned visit.
Rosanna Javier: (01:01) Do I need to submit new application after I was denied?
US Embassy 2: (01:01) If your visa was denied 214b, then you will need to submit a new application. If you were denied 221g, then you have 1 year to provide the additional information and documentation the Consul requested at the interview without a new application. If you are unsure of the status of your case, email us at consmanilaniv@state.gov
Sonny English: (01:03) I am a U.S. disabled veteran who lives here in the Philippines, who's planning a trip home to Maui, Hawaii. My 'caretaker/employee' of 3 years whom I need to accompany me, applied for her non-immigrant visa and went to her interview last month. She was denied because they told her they were not convinced she would return. She has no family in the US. Her second interview is during the first week of March. What should she bring with her? How do we convince them that she will be returning with her employer?
US Embassy 1: (01:03) You are welcome to bring whatever supporting documentation you would like to your visa interview. The U.S. visa process, however, is not primarily document-based. The interviewing officer will ask you questions during your interview, and you must demonstrate that you have strong ties to the Philippines (or your country of residence). The visa officer is looking to see that the applicant has compelling reasons to return to the Philippines.
lei: (01:03) What are the requirements for visa renewal?
US Embassy 2: (01:03) Visas are not renewed. Each application is considered on its own merits. Each time you apply, you only need to meet the necessary requirements. However, a good history of visa use is a positive factor when applying for a visa but it is not guarantee that a visa will be issued.
rhoda: (01:06) I was stilll single when I got my tourist visa. I am about to renew my passport. Would my old US visa still be good if I change my family name?
US Embassy 2: (01:06) Female holders of valid visas on passports reflecting their maiden name may present to the U.S. immigration officer at the Port of Entry a legal document, such as marriage certificate printed on the Philippine National Statistics Office security paper, attesting to the change of the surname. Should you wish to have a valid visa “transferred” to your new name and in a new passport, you must apply for a new visa.
Sonny English: (01:06) What are considered compelling reasons?
US Embassy 1: (01:06) Compelling reasons, or ''ties'' are unique to each person's situation. As each person's situation is different, there is no set answer as to what constitutes compelling reasons or ties. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that one’s ties to the Philippines will bring him/her back at the end of a temporary stay in the United States.

My two cents:

Although the consul pointed out that there is no "show money" requirement, having healthy finances in the Philippines IS definitely a tie that binds, something that can compel you to come back.
Like I mentioned in the guide that I posted, honesty is the ONLY policy where the consuls are concerned.
While in session, someone raised the question what would be considered as ties that bind for a student who is a minor. The consul said that it is understandable that a student would not yet have a job or sufficient income, so ties would consist of things like relationship with his/her family, situation of his parents/family, academic records, etc. I was unable to transcribe the exact words for this unfortunately.

I hope this helps! This is not going to be the last webchat with the US Consuls. Like the US Embassy of Manila, Philippines on FB to keep updated.

Update: Good news, the full transcript was uploaded by the US Embassy of Manila HERE.

Like this post? Subscribe to this blog by clicking HERE.

Become a Facebook Fan for updates from Animetric's World.