A couple from Augusta, Georgia wrote to us on March 28 asking why their 18-year-old relative was recently refused a visa, and complaining that the consular officer only spent a few minutes on the visa interview before reaching a decision in the case:

Thank you for taking the time to write in about your relative"s nonimmigrant visa application. As your e-mail involves a specific case, I will answer your concerns in an individual e-mail to you from our kyivnivREMOVE@REMOVEstate.gov address.

The comments I'm adding here are for the benefit of the public with regard to some of the general concerns you raised (not in answer to your specific questions about your brother’s case):

Each day we schedule 200 to 300 nonimmigrant visa appointments. Even with 200-300 interviews per day, the wait time for an appointment is currently about one month. As you can see, we must keep each interview short and to the point. The visa application and the applicant’s passport provide a consular officer with a tremendous amount of information that the consular officer reviews before the applicant reaches the interview window. With their signature, visa applicants affirm, in writing, that information provided on the visa application is true, so consular officers rarely need to review this information verbally. Often, consular officers believe that information provided by applicants during the interview is correct unless the information is suspect or inconsistent with other information provided. Supporting documents are normally reviewed only in order to clarify answers from applicants, and are normally not themselves the basis for a visa decision. The information provided by the applicant is more important than how long it took the interviewing officer to collect the information.

Although limited resources make it impossible to conduct lengthy interviews, consular officers are trained to evaluate each application on its own merits and to consider professional, social, cultural and other factors. No specific documents prove an applicant’s ties to Ukraine; nor will a specific document guarantee visa issuance. This includes letters or affidavits from relatives or friends who may promise that an applicant will abide by the terms of the visa or "guarantee" an applicant’s return to Ukraine. There is no practical provision under U.S. law that allows consular officers to accept such promises, and therefore these types of letters have no positive influence on the outcome of a visa interview. The burden of proof is placed solely upon the applicants to prove that they are qualified for the type of visa for which they are applying. Each case is decided on its own merits.

When I talk about "evaluating a case on its own merits" that means that an American consular officer must judge each application in the context of U.S. law - namely, the U.S. Immigration and Nationality Act (INA) of 1952, as amended. At each interview the officer is primarily looking at three factors:

1) the purpose of travel (does it make sense; is there a plan);

2) the finances of the trip (who will pay; is the benefit derived from the trip in line with the cost - international travel is expensive!); and,

3) most importantly, does the applicant have compelling reasons to return to Ukraine after a temporary, lawful visit in the United States.

Whereas most applicants focus on items one and two (presenting compelling reasons to travel to the United States and showing evidence about how the travel and lodging costs will be provided), they often fail to present sufficient information regarding what will compel them to return home. This calls into question Section 214(b) of the INA, which is the most common basis for refusal.

Section 214(b) of the INA stipulates that every applicant "shall be presumed to be an immigrant until he or she establishes to the satisfaction of the consular officer, at the time of application for a visa . . . that he or she is entitled to a nonimmigrant status under section 101(a)(15)." Section 101(a)(15) states that a nonimmigrant is "an alien having a residence in a foreign country which he or she has no intention of abandoning and who is visiting the United States temporarily" for a variety of purposes which the law delineates (business, pleasure, studies, etc.).

Unlike many other countries, the United States does not impose internal controls on most visitors, such as registration with local authorities. In order to enjoy the privilege of travel in the United States, aliens have a responsibility to prove they are going to return to their own country before a visitor visa is issued. Our immigration law requires consular officers to view every visa applicant as an intending immigrant until the applicant proves otherwise.

Again, thank you for your inquiry, the specifics of which will be answered personally. I hope the information above is helpful in explaining the visa process.

Sincerely,