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Ask the Consul (Latest)

Questions and Answers

November 1 to November 7, 2009

SUNDAY, NOVEMBER 1

Name: frank m 
City: Durban 
Question: Hi.
I am a Canadian citizen, and my wife is South African. She has recently obtained a Canadian spousal visa and we'll be moving to Canada in March 2010.
q1. Is she able to apply for a 10yr visa now so long even though we don't have any immediate travel plans to the U.S. we'll be living close to the border q2. she has a drinking and driving conviction. what sort of weighting will this have on her visa application?
thank you
Consul’s Reply: Frank, She may apply for a tourist visa anytime she wishes, however the issuance, validity and impact that her DUI may have on her visa can only be determined by a U.S. consular officer at the time of the visa interview.

MONDAY, NOVEMBER 2

Name: Charlotte van C 
City: Pretoria
Question:  We have exchanged accommodation in Mexico from 13 December and have to travel via USA. I have not bought the airline tickets yet, and has to know urgently what the cut-off point would be for us to apply for US transit visas before I buy the tickets. Please reply urgently Thank you
Consul’s Reply: Charlotte,We suggest that visa applicants do not make any ticket purchases prior to attending the visa interview. Additionally, you may apply for a visa anytime you wish, the current waiting time for an appointment is 3 working days.

Name: Jacques K 
City: Kathu, Northern CapeSouth Africa
Question:  My wife and I want to apply for a NIV. Can I schedule an interview at any embassy in South Africa? The closest from me is Johannesburg
Consul’s Reply: Jacques, Yes, you may schedule your appointment at the nearest U.S. consulate, which in your case would be Johannesburg.

Name: nicola F 
City: Ndola Zambia  
Question:  My son Roan Farr study visa expires Dec 2009.He studies Arkansas State Uni ending his 3rd.yr.Has another few to go there.Orginal visa obtained Johannesburg.He returns on vac mid Dec 2009 to zambia.How do we renew his visa to return to U.S.A. by 11th Jan 2010 please.He is on rugby scholarship there and has all his official papers on him in U.S.A.Thanks you
Consul’s Reply: Nicola, Please access the following website for information regarding the visa application process at the U.S. Consulate in Zambia
http://zambia.usembassy.gov


Name: Nse O 
City: Cape town   
Question:  How long will it take to process my document to obtain visa to attend an international conference HOLDING 8 DEC AT TEXAS, U S. I AM A DOCTORAL STUDENT AT STELLENBOSCH UNIVERSITY
Consul’s Reply: Nse, The current waiting period for a U.S. visa appointment in Cape Town is two working days and three to five working days for return of your passport with the visa if your case is approved.

Name: Judith   
City: Overland Park, KS  
Question:  My sister, her daughter and a friend will be accompanying us on a trip to Costa Rica in January. They will travel via Atlanta, but instead of a transit visa, can they apply for tourist visas for later visits to us in Kansas. We have been permanent residents in the United States since 2004. My sister owns a home in South Africa, has a job, her daughter is a junior in High School, and we have family there still. She has no intention to ever not go back to South Africa.
Consul’s Reply: Judith,
Your family and friend are welcome to apply for U.S. visitor’s visas; however we cannot pre-determine the issuance and validity of the visas, this can only be determined by the U.S. consular officer at the time of the interview.


Name: Victor. 
City: Johannesburg  
Question:  I am a Nigerian duly resident in South Africa with my family who just joined me from the UK. I have a valid B1/B2 visa issued by the US embassy in Nigeria, that expires by the end of November. Can I apply for the renewal here with my family's or will need to do that in Nigeria?
Consul’s Reply: Victor, We suggest that potential applicants apply for their nonimmigrant visas in the country where they permanently reside as they will need to prove strong ties to a residence outside the United States to which they will return. If you still wish to apply here in Johannesburg, please refer to the “how to apply” section on this website for information regarding the visa application process.

 
TUESDAY, NOVEMBER 3

Name: Lynn 
City: Des Moines, Iowa USA 
Question: I am a U.S. citizen and I recently got married in South Africa to my husband who, currently lives and in South Africa with our two young children aged 8 and 11. Can I file the I130 at the Johannesburg office if I am present there with them? Also while their I130 applications are pending approval, can I apply for visitor's visas for them to come here for Christmas for 3 weeks? Thanks for all your help.
Consul’s Reply: Lynn, Generally a U.S. citizen wanting to file an I-130 in South Africa would need to be a resident of South Africa for at least six months before filing; otherwise she will need to file the petition with the appropriate U.S. Citizenship and Immigration Services service center in the U.S.; more information is available at
http://www.cis.gov.
When you apply for a nonimmigrant visa you are required to demonstrate strong family, social, and economic ties outside of the United States. In some instances, it is more difficult for applicants to show strong ties outside of the United States when they are intending immigrants. This does not mean that the chances of getting a visa are limited; only that when you apply, you should take special care to bring in documentation at the time of the interview that demonstrates strong ties abroad.
   


Name: Monalee S 
City: Phillipsburg, New Jersey, USA
Question:  Mr. Doron
I would like to apply for a job opportunity as an American Citizen. I'm currently residing in New Jersey USA and will return to South Africa in December. My father died a few months ago and need to return back to SA to take care of my mother. I need to go back to work as I have two daughters who were born in the States. I would like for them to attend the American school in Pretoria. I did fax through my resume and no feedback as of date. Can you please advice. I don't know what else to do ? Kind regards Monalee S
Consul’s reply: Monalee, Please refer to the “About US” section on the homepage of this website for job opportunities.
 

Name: Miriam m 
City: cape town
Question:  I am a Cameroonian currently residing in South Africa with a study permit. I would like to continue my studies next year in the U.S.A. I would like to know if I can apply for my student visa here in South Africa or I must go back to Cameroon before I can apply for the visa.
Thank you.
Consul’s Reply: Miriam, We suggest that potential applicants apply for their nonimmigrant visas in their home countries as they will need to prove strong ties to a residence outside the United States to which they will return. If you still wish to apply here, please refer to the “how to apply” section on this website for information regarding the visa application process.

Name: marius van den b 
City: Boksburg  
Question:  At which pick'n'pay's can I purchase a pin no?
Consul’s Reply: Marius, A pin number can be purchased from any Pick N’ Pay store countrywide.


Name: noor v 
City: Baltimore 
Question: My husband who applied for an Immigrant visa for his brother and his children,he passed away can his children benefitted after his death?
Please answer me I will appreciate,
Thanks and have a good day

Consul’s Reply: Noor, Yes, possibly.  Please see the U.S. Citizenship and Immigration Services web page
http://tinyurl.com/y8dj6mf and look for the sections entitled “How can I reinstate a visa petition that was revoked by the death of the original petitioner?” and “What is a ‘substitute sponsor’ and how can I be one?”

 
Name: Frans M 
City: Pretoria  
Question:  I am hoping that you could help me or direct me in the right direction as to how I can apply for a United States Of America Visa for my Son, who is currently living and working in the United Kingdom, for the last two years.
My Wife and I are traveling to Orlando for a holiday in February 2010 and wanted my Son to join us for two weeks. Unfortunately his application for a Visa on the 30th Oct 2009 at your London branch Ref: 303/727 was refused because of probably not being in the UK long enough and not having enough ties in the UK. This has been a very big disappointment for my Wife, my Son and I.
I appeal to you for help in the matter as it would be wonderful for us to have our Son join us on the trip. He has already been grated leave for the period and has enough funds for the two week holiday.
Consul’s reply: Frans, While we cannot comment on specific cases in this forum we can comment generally on situations like this one.  When someone applies for a nonimmigrant visa he or she must demonstrate that he or she has strong family, social, and economic ties outside of the United States. In some instances, it is more difficult for applicants to show strong ties outside of the United States when they apply in a country other than their home country. This does not mean that he or she cannot receive a nonimmigrant visa; only that the applicant should take special care to bring in documentation at the time of the interview to demonstrate ties abroad.


WEDNESDAY, NOVEMBER 4

Name: Sophia E F 
City: Cape Town 
Question:  Hi. I wear glasses at all times and the photo in my South African passport has been taken with them on. Will you accept the same photo?
Thank you and kind regards,
SE F 
Consul’s Reply: Sophia, Yes, glasses are not a problem, provided your photo meets the size standard of 5X5 cm, was taken within the past 6 months, and shows your full face against a white background.

Name: marianne 
City: johannesburg  
Question:  hi, i recently applied and recieved my passport...my fiancee that has seen the world has asked offered to give me a present..i would like to see disney world..and he will sponsor me..his also south african..i dont have bank account details or a job..he supports me..will i still get my visa.
Consul’s Reply: Marianne, We cannot pre-determine the issuance of a visa; this can only be determined by consular office at the time of the interview. Note that while your personal finances might be modest, to qualify for a visa you will still need to demonstrate that you have compelling family, social and/or economic ties to South Africa.

Name: Uston L 
City: Cape Town  
Question: Greetings
I would like to live and work in the United States, I possess a Marketing Degree and would like to know how do I go about obtaining the relevant visa to do so. I have friends that live there but no family, does that still make me eligable?
Consul’s Reply: Uston, See
http://www.uscis.gov to learn about employment-based immigration to the U.S.

Name: daniel 
City: Johannesburg 
Question:  what the requierment of a trasit visa if going to canada torotovia atlatha ?
Consul’s Reply: Daniel, The requirements and procedures are the same as when applying for a visitor’s visa.


Name: PN du P 
City: Johannesburg
Question:  Dear Sir/Madam,
PLEASE TELL ME WHO I CAN WRITE TO, TO MAKE A COMPLAINT ABOUT YOUR RIDICULOUS CRITERIA, after being refused a visa in 2005, after being in the US TWICE ALREADY - I plan to go up right to the US president if necesary Kind Regards PN du p
Consul’s Reply: PN, The refusal of your visa in 2005 was by no means a permanent decision.  Feel free to reapply if you are interested in traveling to the U.S. in the near future, and we promise to give your case a fresh look in light of your current family, social and economic ties to your country of residence.


Name: Thomas E 
City: Lephalale  
Question:  I am 18 years and finish school at the end of the year. I have met Two Americans in June who hunt on our farm in Limpopo province and I always wanted to work for a year on a Ranch in Texas for life experience. I received a e-mail from Jeff Weatherby at the end of October, inviting me to Big Lake, Texas to stay with him and work as helper for the trainees in the Cutting Horse Association.
Can you please inform me for what categorie of visa I need to apply.
I start Law studies at the North West University in 2011.
Enjoy your day.

Consul’s Reply: Thomas, Jeff would have to sponsor you for an appropriate visa, and you may direct him to
http://travel.state.gov/visa/temp/types/types_1271.html for information on work visas and http://travel.state.gov/visa/temp/types/types_1267.html for information on exchange visitor visas.


THURSDAY, NOVEMBER 5

Name: Simlindile M J  
City: Durban
Question:  Why is it so easy for U.S citizens to get a visa into South Africa and not vice versa? also what can you do once your visa has been denied twice and you have all the necessary papers but the interviewer feels that you cannot be accepted? is there anyone else you can go to or speak to concerning this?
thank you
regards
Simlindile
Consul’s Reply: Simlindile, One reason U.S. visa law is very strict is the tremendous pressure on our immigration system from an estimated 12 millions illegal aliens including visitors from countries all over the world who overstay their visas.  So our law places the burden on the visa applicant to demonstrate by objective evidence that he or she is well settled in a place of residence abroad, compelling his or her departure from the U.S. after a temporary stay there.  If you feel you have been treated unfairly by the consular officer in Durban, you may address a complaint to
ConsulateDurban@state.gov to the attention of the Consul General.  Alternately, you are free to reapply proving that you have strong family, social and/or economic ties to your residence in South Africa and that you have specific, reasonable travel plans for the U.S.


Name: norma 
City: sunland  
Question:  hi my mother in law has her interview with immigration to get her green card. she has a minor son that lives with her that she brought with her but she has not processed papers for him til she gets her green card. Would the minor be able to come with her to us? he has a passport but will they give him the permit?
Consul’s Reply: Norma, Unfortunately, U.S. law does not provide for dependent visas in the “parent of U.S. citizen” immigration category.  At such time as your mother-in-law immigrates to the U.S., she may be able to file for her son in the “child of permanent resident” category which currently has a waiting period of several years.

 
FRIDAY, NOVEMBER 6

Name: samantha n 
City: pretoria
Question:  I am a South African citizen and have a greencard which is still valid as per date. I have returned from the USA 18 months ago to continue my school studies. I understand that not returning to the USA within a period of 2 years would invalidate my greencard. How do I know if my greencard is still valid and if not would I be able to apply for a visa to viit the USA for a period of one month
Consul’s Reply : Samantha,  Since you have been out of the U.S. for more than one year, you are no longer regarded as a legal permanent resident. You are welcome to apply for a visitor’s visa to the U.S., however the issuance and validity of the visa cannot be pre-determined, your eligibility will only be determined by the interviewing consular officer at the time of your interview.

Name: Brad L 
City: Pretoria  
Question:  Good day,
My girlfriend and i are wanting to fly to California over the christmas period to visit a friend of mine ho is currently working there. we have sufficient funds and valid passports, but would like to know how to go about applying for Holiday Visa's and how long it would take to get them.
Many thanks

Consul’s Reply: Brad, The current waiting period for a visa appointment in Johannesburg is 2 working days and 3-5 working days for return of your passport with the visa if your case is approved. Please refer to the “how to apply” section on this website for information regarding the visa application process.

Name: Tracey 
City: Johannesburg  
Question: Hi, please can you tell me the difference between B1 / B2 - I did my visa awhile back and it says B1 on my visa - my friends that I will be traveling with, has got a B1/B2 on their visas.
Is there a difference?
Thank you
Tracey
Consul’s Reply: Tracey, A B-1 visa is issued to a visa applicant that is travelling to the U.S. solely for business purposes and a B1/B-2 visa is for the purpose of business and/or pleasure/holiday.

Name: Tyrrell 
City: Pretoria 
Question:  I have a valid U.S.visa until 2014 in a passport I lost and then found. Since then I have been issued with a new passport.  How can I transfer this U.S. visa into my new passport to ensure its validity as well as not cause any undue confusion when I arrive in the United States.
Consul’s reply: Tyrrell, You can either use your two passports together or make an appointment to apply for a new visa.


Name: johan m 
City: Pretoria
Question: Hi,
I was convicted of reckless and/or negligent driving 8 years ago. Will this prevent me from getting a tourist visa to the US? If not,do I need to obtain a waiver or appear in front of a consular officer?
Regards,

Consul’s Reply: Johan, The impact that your conviction may have on your visa application can only be determined by the interviewing officer at the time of your visa interview.   Please bring a police certificate and relevant court records.