I will be the first to tell you that immigration law is complex and changing and requires vigilance and care in preparing applications, but there is no requirement that foreign nationals, their employers, or family members use a lawyer. It is also true that under the Trump administration, foreign nationals (and even immigration practitioners) have become more cautious and even hesitant about filing petitions given the increased scrutiny of their applications by immigration officials and consular officers; nevertheless, there are certain applications that should still be straightforward enough to file without legal assistance. Cases filed by individuals without legal representation are subject to the same review and adjudication process as others filed by attorneys. We’ve previously discussed why an experienced immigration attorney can be valuable and in some cases absolutely recommended, but in this post we’ll more closely examine the types of applications and petitions that foreign nationals in most situations can prepare and file on their own.
Read moreHave You Ever Been Arrested?
Whether and how to divulge one’s history of contact with law enforcement is an area of substantial confusion among applicants for admission to the US under the Visa Waiver Program (VWP) as well as for applicants for visas, Green Cards, or citizenship. Not only can such a simple question conjure the very worst moments in someone’s life, the appearance of the question alone can portend a potential delay or denial of the benefit foreign nationals are seeking.
Read moreThe Nonimmigrant Visa Interview - What to Expect
One of the fastest changing areas of immigration law has been the consular nonimmigrant visa application process. What used to be a one-page application and a fairly routine mail-in process has now become an eight-page online form and a fairly rigorous interview process. Where consular officers used to engage with lawyers about their clients’ visa applications, consular officers are now shielded by layer upon layer of administration. Where consular officers used to review papers presented at the interview as part of their adjudication, they now rely more and more on individual applicants articulating the merits of their cases. Certainly some of the new measures are justified but what it means for individual visa applicants is that they will need to carefully prepare their DS-160 visa application form and be prepared for their interview. We have already addressed some of the idiosyncrasies of the DS-160 form, so in this post we hope to provide some simple tips and guidelines for the interview.
Read more5 Hacks to Expediting a Visa Appointment (And Making It Go Smoothly)
A petition has been approved by US Citizenship & Immigration Services (USCIS) on behalf of a foreign national and she receives the long-awaited and coveted I-797 Approval Notice. She is brimming with excitement as she logs into the US Embassy/Consulate’s online visa appointment system to schedule the appointment to get the visa stamped in her passport. But the next available appointment is weeks away. And she needs to travel to the US as soon as possible. What to do?
Read moreDS-160 IDIOSYNCRASIES
The DS-160 is an online form submitted to the US Department of State as part of a nonimmigrant visa application for temporary travel and work in the United States. At the consular stage of the nonimmigrant visa process, applicants must submit a completed DS-160 for all nonimmigrant visa categories, including applicants applying for K visas (additional information about the consular process can be found in my prior post). Consular Officers at US Embassies/Consulates worldwide use the information entered in the DS-160 to process the visa application and, along with other required documentation and a personal interview (with some exceptions), use this form to determine an applicant’s eligibility for a nonimmigrant visa.
The DS-160 focuses on the foreign national’s biographic data as well as schooling, work, and travel history. Since 2010 this form must be completed and submitted electronically. The main items needed to fill in the fields of the DS-160 are the passport (for biographic information and number, any prior visas, and reference to past international travel), the I-797 Approval Notice from USCIS (if applicable), any related documentation (such as SEVIS information if the applicant was a student in the US) and, importantly, a digital passport-style photo ready to upload (the specifications for this photo are exact, and can be found here). Some US Embassies/Consulates require foreign nationals to complete the DS-160 prior to scheduling a visa interview; others merely require that it be completed and submitted forty-eight hours prior to the interview date.
This post addresses frequently encountered idiosyncrasies and common questions when filling out the DS-160. It is important to note that the DS-160 is often updated and the questions included on the form may change, or new questions may be added without notice. Therefore it is important to check the US Embassy/Consulate website for the latest updates before commencing the form.
I have dual nationality, so I have more than one passport. Which passport should I use for the DS-160?
Except when applicants are applying for a visa where country of nationality can determine eligibility for a visa (e.g. Australians and the E-3 visa), foreign nationals should use the information from the passport they intend to have the US visa processed into to fill in the DS-160.
Can I answer the DS-160 questions in my native language?
No. All answers must be in English, using English characters only. The only part of the DS-160 that is an exception to this rule is where foreign nationals are asked to provide their full name in their native alphabet. DS-160s submitted in any language other than English will be denied and the applicant may be required to submit a new application.