Below are responses to many questions and situations encountered by the Nonimmigrant Visa Unit. Please read this section carefully prior to submitting visa questions to the U.S. Embassy.

How do I apply for a nonimmigrant visa?

Please see the step-by-step procedures here.

Do I need to have a specific trip planned in order to apply for a visa?   

One may apply for a visa even if s/he simply wishes to have the option to make a trip at some point in the future. Please make this intention clear to the consul during the interview.

May I mail in my visa application?   

No. One must call to make an appointment for an interview, unless s/he is applying for a Diplomatic/Official (A/C-3/G) visa, other than A-3 and G-5 visas.

I called the Call Center or telephone appointment system but am scheduled two months from now. Is it possible to get an earlier appointment?   

Early interviews will be granted in limited cases and under pressing circumstances. Please see the Early Appointments and Emergency Travel page for more information.

I would like to take my nephew or grandchild on a trip to the United States. Who must apply for the child's visa?   

Visa eligibility for minors age 20 and under is typically based upon the qualifications of their parents or legal guardians, who must submit their applications. Exceptions will be made only in cases where it is impossible for a parent/guardian to appear for interview.

If the child is traveling with only one parent, or with someone who is not their parent, what document(s) do we need to present?   

For minor Philippine national (17 years old and below under Philippine law) applicant:

  a) Legitimate / legally adopted son or daughter 

            a. If traveling with only one parent or with someone who is not the child’s parent, an authorization from the Philippine Department of Social   Welfare and Development (DSWD) is required. 

            b. If the accompanying adult is the natural mother or the natural father who is married to the natural mother, only a DSWD Parental Travel          Permit is required . 

            c. If the accompanying adult is any other relative or adult, or the natural father who is not married to the child's mother, a DSWD Certificate        for Minor to Travel Abroad is required. 

  b) Illegitimate son or daughter 

            If traveling with only the mother, a travel permit, certification or authorization from the DSWD is not required.  If traveling with only the   biological father, a court order is required. 

A person told me that I have a better chance of getting a visa if I pay a few thousand pesos for help in completing and processing the application. Is this true?   

No. The application form should be completed by the applicant. Completing it should require no special assistance, and we recommend strongly that the applicant write it himself/herself. If an applicant cannot accomplish the form himself/herself, a representative may accomplish and, hence, sign the form. The applicant must review and sign the application form before submission to the Embassy during the scheduled interview.

How do you decide whether or not to issue a visa? What does 214(b) mean?   

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. By 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.

What do you mean by "ties to the Philippines?"   

"Ties" are the aspects of one’s life that bind him/her to his/her place of residence, including family relationships, employment and possessions. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of parents, and an applicant's long-range plans and prospects in the Philippines. As each person's situation is different, there is no set answer as to what constitutes adequate ties.

What constitutes evidence of income?   

Please see the Demonstrating Ties section for more information.

Is it acceptable to submit an authenticated birth/marriage certificate from the National Statistics Office (NSO) in lieu of the NSO certificates on security paper? It takes a while before we can get these documents from NSO.

We only accept birth/marriage certificates from NSO issued on security paper.

If I present a letter of guarantee of return from a person of high stature, will I get a visa?   

A letter, even from a highly placed person, does not necessarily establish the applicant's ties outside of the United States. U.S. law requires each applicant to qualify for a visa in his or her own right.

Will it help my application if I present a letter from my relative's U.S. Congressman or Senator?   

Such letters will be considered. However, evaluation of the application will be made in accordance with Section 214(b) of the United States Immigration and Nationality Act. Visa applications are adjudicated based on individual merits, consistent with criteria specified in the Immigration Act, as amended, and the Federal regulations issued pursuant to it. Consular officers are required to deny visas to applicants who cannot qualify under the law, and to issue visas to those applicants who do qualify. Consular officers cannot issue visas based on the assurances of family members, friends or interested third parties.

Isn't it better not to disclose that I have close relatives living in the United States, that I have an immigrant visa petition on file, or that I have previously been denied? What are the consequences if I conceal or misrepresent information or submit fraudulent documents?

Full disclosure is best. We understand that many people have relatives in the United States but intend only a short visit, or have immigrant visa petitions on file but do not plan to immigrate at this time. It is therefore to the advantage of the applicant to disclose these facts. When an interviewing officer uncovers any attempt to conceal or misrepresent facts, the application will be denied and the applicant may, in certain cases, be ruled permanently ineligible to enter the United States.

I don't have an original copy of my land title because it is mortgaged with the bank. Should I buy a substitute title so I can present something at the interview?   

Never purchase documents to present at an applicant’s interview. The genuine documents in one’s possession provide him/her a better chance of qualifying for a visa, whether now or in a future application. When an interviewing officer uncovers any questionable documents or attempts to misrepresent facts, the application will be denied and the applicant may, in certain cases, be ruled permanently ineligible to enter the United States.

Can I mail in information about my application in advance of my interview?   

Due to the large number of applications we receive, it is impossible for us to match up correspondence with applications. The applicant should bring any information relevant to his/her application to the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed.

What are the allowable uses of a B-1/B-2 Visa?   

The B-1 visa allows for temporary visitors to conduct business in the United States. This includes such things as a need to consult with business associates, negotiate a contract, buy goods or materials, settle an estate, appear in a court trial, and participate in business or professional conventions or conferences. This visa does not generally allow for gainful employment. The B-2 visa is issued for the purpose of touring, visits to friends and relatives, visits for rest or medical treatment, social or fraternal conventions and conferences, and amateur/unpaid participants in cultural or sports events.

Can I go to the United States to work?   

While a person may go to the United States on a B-1/B-2 visa on business, working for a short time for a foreign employer, he/she may not be employed or paid by a U.S. party. To be employed in the United States, s/he must have a working visa (E, H, or L).

Can we take our domestic helper on the family's trip to the United States?   

Please see the Personal (Domestic) Employee A-3/G-5 or B-1 page. Domestic employees may accompany their employers on temporary visits to the United States – during which time they must be paid according to U.S. prevailing wage rates.

We wish to attend a wedding in the United States. Should we bring a copy of the invitation to the interview?   

The applicant may bring it but the officer may not necessarily examine it. The interviewing officer is less concerned with why the applicant is going to the United States than with whether s/he has ties that will bring him/her back.

Why are the visa interviews so short? I was asked only a couple of questions and the interviewer hardly looked at my documents.   

In a typical 8-hour day, a consular officer may need to interview 150 applicants or more, which allows about 3 minutes per applicant. The application form, if completed thoroughly, contains most of the information needed to adjudicate the visa. Additional documents are examined only if the consular officer needs to obtain further clarification of the applicant’s situation.

I am an only child and must therefore return to the Philippines after studying in the United States so I can take care of my parents. Why did the officer say I have insufficient ties to compel me to return?   

Experience has shown that being an only child has not deterred some travelers from remaining indefinitely in the United States. While this factor may be relevant to an individual's personal circumstances, it would not usually, in itself, be sufficient to establish ineligibility.

I presented all the documents I was told to bring, but my application was turned down anyway. What else could I bring?   

Officers interview the applicant and evaluate the application forms, and refer to supporting documents only if they can provide some additional insight into an applicant’s situation. If there are additional documents required, the officer will indicate that during the interview.

My spouse is a U.S. Citizen or a Legal Permanent Resident. Can I obtain a nonimmigrant visa?   

Spouses of U.S. citizens are usually issued visas especially if the U.S. citizen spouse is not a resident in the Philippines. While it is possible to receive a nonimmigrant visa even if one has been petitioned for an immigrant visa, the consular officer must be satisfied that the intended stay in the United States for this visit is temporary.

If an applicant is married to a Legal Permanent Resident of the United States, it may likewise be difficult to overcome the presumption that s/he intends to immigrate to the United States to live with his/her spouse. We advise the applicant to have his/her spouse file the immigrant visa petition as soon as possible. 

I have an immigrant petition on file. Can I still qualify for a tourist visa?

There are so many different situations regarding persons who have been petitioned to immigrate that the best answer is "It Depends." While the existence of an immigrant petition is in one sense evidence that a person is an intending immigrant, and thus subject to refusal, we also recognize that s/he may not be intending to immigrate at this time. Having an immigrant petition on file is not grounds for an automatic refusal, but as an applicant, s/he will need to provide strong evidence that s/he intends to leave the United States after his/her planned visit.

I am a former Legal Permanent Resident of the United States. Can I now obtain a tourist (B-1/B-2) visa?   

One may apply for a B-1/B-2 visa, but must surrender his/her alien card before a visa can be issued.  In Manila, one may do this at the U.S. Department of Homeland Security – U.S. Citizenship and Immigration Services (Window #44 in the Immigrant Visa Section, any workday, between 8:00 and 11:00 A.M.).  If time permits, please do this prior to the NIV interview.

I am an H-1B visa holder. Are my parents included as my dependents?   

The qualified dependents of H-1B visa holder are his/her spouse and unmarried children age 20 and below.

Can I go to the United States to give a performance?   

The rules on this matter are complicated. Please see the page Visas For Entertainers and Performers.

How soon will I know whether I qualify for a visa?   

The interviewing officer will inform the applicant of the outcome of the visa application at the conclusion of the interview.

Can I request earlier issuance of my visa?   

The request must be made during the interview. The interviewing officer will decide whether it is meritorious request. Failure to have obtained an earlier appointment will generally not be considered a valid reason for expedited issuance.

How long can I stay in the United States?   

The period of one’s stay is determined by the U.S. Citizenship and Immigration Services (USCIS) officer at the U.S. Port of Entry, not by the consular officer who issues the visa. USCIS generally grants permission for the visitor to remain in the United States for the amount of time needed to accomplish the purpose of the visit. If one wishes to remain beyond the time granted, s/he must submit a request for extension to the USCIS. Failure to do so could result in his/her being ineligible to enter the United States again.

If refused, how soon can I apply again?   

If an applicant is refused under Section 221(g) of the Immigration and Nationality Act and is requested to provide additional information or supporting documents, s/he will receive a 221(g) letter with instructions on how to proceed. S/he will not need to make another appointment or pay another application fee. S/he has one year within which to comply with the requirement of the 221(g) letter.

If an applicant is refused under Section 214(b) or any other section, s/he may reapply as soon as s/he can pay the application fee an appointment through the call center or the online appointment system. While on a second interview s/he will meet with a different officer, please be aware that s/he must still demonstrate strong ties to his/her country. In most cases, it is better to wait until his/her personal circumstances have changed significantly before reapplying. Quick re-applications based largely on the hope of finding a consul more inclined to issue may result in a second refusal. 

I only want my fiancé(e) to meet my family...   

While it is understandable that one might wish to do this, a foreign national engaged to a U.S. citizen must still prove that s/he is not an intending immigrant. This is usually difficult to do, however, as the fact that an individual is engaged to a U.S. citizen is usually considered evidence of intent to immigrate.

I was told by a travel agent that immigrant visas are hard to get, and my wife should go into the United States with only a tourist visa...   

Unfortunately, there are people who, usually for a tidy sum of money, will offer inaccurate or bad advice. Such advice can waste time and distract one from the necessary paperwork. At worst, it can lead to fraudulent statements that can see one’s new spouse found ineligible for any visa to travel to the United States. It is always the type of travel -- a short visit or a new life living and working in America -- which governs what visa is appropriate.

Immigrant visas do require more time and preparation than a simple tourist visa, but in the end will allow an American citizen and his/her spouse to begin their new life in the United States without the worry and hardships that fraud can place on their relationship. If they begin early, and follow the instructions carefully, his/her new spouse can begin life in the United States with legal permanent resident status that will allow him/her to live, work or study as desired. LPR status is also the first step toward naturalization, the process by which a foreign person becomes an American Citizen.

However, under the new LIFE Act, there are now some instances where spouses and children are eligible for a special nonimmigrant visa while waiting for their immigrant visa. For information on the new K and V visas, and to find out whether one qualifies for them, please see the Immigrant Visa Section.

Should I buy my plane ticket before getting a visa?   

We do not recommend purchasing tickets before qualifying for a visa. Should one choose to make such arrangements, we advise him/her to make a refundable reservation. Prior to making any final arrangements and payments, s/he should make certain to have a visa. The fact that s/he has already committed funds to a trip does not compel a consular officer to issue the applicant a visa if s/he is not qualified.

I have a valid B-1/B-2 visa in my official passport. I will now travel using my regular passport. Will I need another visa in my regular passport?   

Simply staple the official and regular passports together and one can travel to the United States anytime. However, s/he may apply for a B-1/B-2 visa in his/her regular passport. S/he will have to pay the application fee and submit completed applications as well as proof of income.

Last updated: October 14, 2008