- Today there are 28 types of American visas, each of which also has subtypes. Which of them are the most popular? – we ask Rimma Te, legal consultant at Kievvneshtur.
- Of course, most requests are for guest or, as they are also called, tourist B-2 visas. It is through these visas that people go to visit their relatives who at one time left for the United States. And here there are a number of important points. First, an important role in the issue of issuing a visa is played by how long and in what status the American relative who is inviting you is. For example, a US citizen in the eyes of the US consulate staff is a greater guarantee of your trip than just a person with a green card.
Also of great importance is the fact of whether your overseas relatives have applied for family reunification. Sometimes their Ukrainian relatives do not even know about it, and if they do know, they prefer to hide this fact. At the same time, this information significantly affects the possibility of obtaining a B-2 visa. First, it is advisable not to apply for a B-2 visa until the immigration process has been completed; second, in the case of a refusal to issue an immigration visa, the likelihood of obtaining a B-2 visa (even after several months or years) is extremely small.
The entire 'visa history' of each person who applies to the consulate goes into a single database, from which any information needed at a given moment can be obtained upon request. That is why we always warn people who need legal advice: do not lie - if discovered, lying automatically deprives you of the opportunity to get a visa.
Quite recently there was such a case. Our compatriot was going through an interview and everything was moving to a successful conclusion. Suddenly the visa officer quite amicably clarifies: 'But didn't you come to us in 1999?' She answers in the negative, and then he asks her one more, final, question: 'If you deceive us on such a question, how can I trust you on everything else?' And that's it - refusal!
- What other nuances can await those who apply for a B-2 visa?
- Often, people whose package of documents from the American side is incomplete are refused - it is its completeness that visa officers first look at. In addition to the invitation, there must be a tax return, a copy of the passport (for US citizens) or a copy of a plastic card (for permanent residents of the US). And, by the way, it is very important that the person who is the inviting party entered the US legally at the time. There are also cases when, due to the replacement of a foreign passport, a person cannot prove that he has already traveled abroad, for example, to Schengen countries. This can also create a problem with obtaining a visa. Therefore, it is advisable to always have a photocopy of your foreign passport.
- Who raises the most suspicion among American visa officers?
- Young unmarried women with low income are considered potential immigrants. As a rule, they try to leave for the US to 'visit a friend they haven't seen in a long time', and as a result stay there for six months. Also of concern are single young people - yesterday's students or those who do not have permanent employment. In general, the visa issue requires a strictly individual approach, because even among the above categories of applicants there is a chance of getting a visa. That is why preliminary consultation is necessary. We always warn a person if his chances of getting a visa are small. Sometimes it is enough to postpone the trip literally by a few months - and the likelihood of a positive decision will increase significantly.
For example, recently a young man came to us for a consultation - a final-year university student, currently working part-time at some company. He was planning to get married soon, but for now he decided to visit his sister living in the US. After studying the case materials, I advised him to wait a bit: after the official marriage, the probability of getting a visa would noticeably increase. However, he did not heed the advice, applied for a visa, and as a result was refused.
- How can you increase your chances of getting a visa?
- It is very important to prove that you have strong socio-economic and financial ties with Ukraine. Based on many years of practice, the legal department of Kievvneshtur has developed a special document - a letter of justification. It is important that it is competently composed in English - and then the visa officer will be sure to read it. You submit this letter together with the package of documents, and it is often the main information about you.
- But there is also a package of documents about the applicant himself?
- The fact is that the case may not even reach their review - they are simply with you during the interview, which is usually allocated no more than two or three minutes. In addition, in such a tight time frame, it is very difficult to quickly orient yourself and clearly answer the visa officer's questions. Language problems also arise in communication, especially with residents of western Ukraine: visa officers sometimes simply do not understand them. This is where the letter of justification comes to the rescue: by the time of the interview, the visa officer has already viewed it and formed some impression of you.
Often our compatriots are sent on an overseas trip not by an interest in tourist attractions, but by a work contract, winning the Green Card lottery, or the call of the heart. The manager-consultant of Kievvneshtur Sergei Stupak tells about what to do in such cases.
- Every year the US State Department allocates a quota of 65,000 jobs. To obtain a work visa, representatives of the American employer must convincingly persuade the Department of Labor and the immigration service of the need to invite a specialist of this profile. In other words, they need to prove that such a specialist is not available in America. Naturally, the chances of such employment are mainly our scientific workers. Moreover, higher education and an academic degree, work experience, high level of professionalism are necessary conditions. If the Department of Labor gives the go-ahead, then our employee almost automatically gets a work visa.
I would like to emphasize that obtaining a work visa for an ordinary person is quite difficult. All offers from various firms about “guaranteed employment in the USA” are offers of illegal work. Basically, such firms sell guest invitations on behalf of our former compatriots, who for a small fee will confirm the fact of close acquaintance or even family ties. Naturally, having a guest visa, you cannot legally work. As a rule, consulate employees very easily detect fake invitations.
- And do Green Card lottery winners get visas without problems?
- In principle, yes. However, if a person initially used false data, at the interview he will definitely be refused. But sometimes it may not even be deliberate lies, but a lack of information or negligence on the part of the applicant. During the Green Card lottery, applicants are required to promptly inform the consular section of changes in their marital status, etc. For example, there was recently such an unpleasant case. When submitting documents for participation in the lottery, a young man indicated that he was not married. Over the past six months he got married, but did not promptly report the change in his marital status. Having won a green card, he went to an interview in Poland without his wife, and only there reported it. The visa officers had doubts, resulting in a visa refusal.
- Let's talk about romantic trips. How easy is it to get a fiancée visa?
- Not too difficult, however you need to know some nuances. American grooms often come to us, and we advise them on all issues of preparing the necessary documents. We also explain to Ukrainian brides all the features of the so-called third and fourth packages of documents that directly concern them. We also talk about her rights and give practical advice. As a rule, there are no refusals for fiancée visas. The main condition is to prove the seriousness of your intentions. From the groom, in addition to certain documents, a letter is required in which he declares his readiness to marry this woman. In addition, the very fact of a personal meeting between the groom and the bride is a mandatory condition. The meeting can take place either in Ukraine or in any other country of the world.
- And, in conclusion of our conversation, what would the specialists of “Kievvneshtur” advise our citizens intending to visit the United States?
- Firstly, do not rely on chance: the visa issue is fraught with many pitfalls, which only an experienced specialist can help identify. Secondly, do not hide anything from the consultant, trust him and listen to his recommendations. After all, when you go to a doctor, you do not hide the state of your health, do you? In this regard, the work of a lawyer and a doctor are similar: analyze the initial data and give the best advice in a given case. A good specialist should listen to the person, clarify all unclear points of his story, give a list of necessary documents and advise what else should be done to increase the chances of obtaining a visa. And, thirdly, it is very important to present yourself in a favorable light: be frank at the interview, behave confidently and with dignity. And - happy travels!