Embassy of the United States

Ask the Consul

Questions and Answers

September 20 - September 26, 2009

Sunday,  20 September

Name: sonja 
City: Johannesburg 
Question:  My husband has a permanent resident card and is living and working in the USA. His adult daughter from a previous marriage is a US citizen. What do I need to apply for an Immigrant Visa?
Consul’s Reply:
Sonja:
If your husband is a permanent resident, he may file an immigrant visa petition on your behalf with U.S. Citizenship and Immigration Services.   If approved, you could be subject to a waiting period of several years.  Your stepdaughter cannot file for you in the “Parent of a U.S. Citizen” category (which has no waiting period) unless she was under 18 at the time you married her father.

Monday,  21 September

Name: Renate  
City: Cape Town 
Question:  My 20 year old son,is currently crewing on a yacht in the Mediterranean and is based in Antibes ,France.
The yacht is embarking on a two year ,round the world trip and at some time during the two year period they will dock in Fort Lauderdale.He is currently applying for a South African Police Clearance Certificate,by sending a certified copy of his fingerprints,Identity document and passport to the relevent South African department.
Please could you tell me whether it will be possible for him to make an appointment at a US Embassy/Consulate in France to fulfill the requirements to obtain a B1/B2 visa without having to return to South Africa to do so.What additional documentation does he require to do this ?
He had an Amercian tourist visa in his child's passport,but that passport/visa expired last year.
Consul’s Reply:
Renate:
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 your son still wishes to apply in France, please visit the following website for information regarding the visa application process there:   http://france.usembassy.gov .

Name: Lebogang
City: Kimberley 
Question:  How long will the visa take after application
Consul’s Reply:
Lebogang:
From the day of your visa appointment, it would be 3-5 working days for return of your passport with the visa, if your case is approved.

Name: Xolani Moshuge 
City: Johannesburg 
Question: I currently hold a 10yr exp. 2019 visiting VISA to the USA.A good friend runs a soccer school in NH,looking into the future i would like to get into soccer coaching.Requirements to apply for a work visa for me to study further coaching courses and work for this friend?
Thanking you in anticipation
Consul’s Reply:
Xolani:
Please see FAQ on this website for information regarding your inquiry.

Name: Jackie  
City: Johannesburg - currently New York City 
Question: Which documents do I need in order to renew my student visa so I can continue my OPT work authorization period?
I graduated in May 2009 from Columbia University in New York City and applied for and was granted my OPT from the Department of Homeland Security. My OPT is from June 2009 to May 2010. I will be coming back to South Africa in December 2009 for three weeks and was been told by my International Students and Scholars office that I need to extend my F1 student visa to allow me back into the U.S. to complete my OPT. What documents will I need to re-apply?
Consul’s Reply:
Jackie:
Please see on this website under FAQ for information regarding your inquiry.

Name: chantel
City: Johannesburg 
Question: I was in the Us for 2 years 2005 and 2006. I've been contacted by Taxback.com,and they informed me that I need to claim back my tax, my wallet with my social security card have been stolen, and they need the number, to process the claim. I've told them I dont have my social security number any more, they informed me that I can contact the US Embassy for the number. Is there any way you can sent me my number?
Consul’s Reply:
Chantel:
Please contact us on 011 290 3303 regarding your request.

Name: Anya 
City: Cape Town  
Question: Hi there I am an Indian Citizen staying in South Africa. My Husband has a valid B1 Visa which he obtained from US Embassy in India. He now requires to travel to US for business purpose and I want to accompany him.
As a foreigner in South Africa can I apply for my dependent visa from US embassy located in South Africa?
Consul’s Reply:
Anya:
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 see on this website under the link “how to apply” for information regarding the visa application process.

Tuesday,  22 September

Name: Diane  
City: Durban 
Question: I am currently in the USA on an L visa, which expires in Nov 2009. I will be returning to SA to re-apply /re-new my L visa.
Since First National Bank is only in SA - how do I go about paying for the visa application fee? Can I make the deposit on my way to my USA visa appointment?
Consul’s Reply:
Diana:
You can make your payment anytime before you attend your visa interview. This will not be a problem as long as you have the Customer Receipt from FNB with you to present at your appointment.

Name: Harald Hansen 
City: Stellenbosch
Question:  Hi,
I am a South African citizen and will move to Germany in November of this year for permanent employment at a German Company.
My appointment will require that I visit the US on business, may I apply for a long term visa before leaving South Africa? Regards Harald
Consul’s Reply:
Harald:
Yes, you may apply for your visa before you leave South Africa.

Name: Hilda 
City: Johannesburg
Question:  Good day,
Can you please tell me which forms do I need to complete to apply for a work permit / visa.
I passed my interview and have a job offer but we dont know how to obtain the work permit.
Its the 1st time for me and my employer in US to apply and we dont know the procedures and which forms to complete. As he travels a lot its not possible for him to go to the office and wants to draw the form from the internet if possible.
Kind Regards
Hilda
Consul’s Reply:
Hilda:
Please see on this website under FAQ for information regarding your inquiry.

Name: dr h  
City: mossel bay
Question:  I have an appointment tomorrow in Cape Town for visas for a holiday planned Dec09/Jan 10. Our agent has just informed me that our passports need to be valid for 6 months after our visit. My two children's passports will expire 5 months after our return Please help Kind regards
Dr H
Consul’s Reply:
Dr. H
A reciprocal agreement between South Africa and the U.S.A. automatically extends the validity of your passport by six months, so your agent is incorrect, as your children’s passport will be valid for your travel to the U.S.A. in Dec 09/Jan 10.

Name: Ekofo 
City: Ekanga
Question:  I am final year IT student in one of the University is South Africa but i am not a south african citizen ,i am a congolese.Am I eligible to apply for Diversity lottery visa in a foreign country?
Consul’s Reply:
Ekofo:
Yes, if your application is selected in the Diversity Visa lottery, you may pursue the application in Johannesburg as a resident of South Africa.

Name: qaisar
City: durban  
Question:  i am a single parent of a us born citzen9 yers old child , i have't got us visa but i want to work in us to grow up my child there for his best future. so plz give me yr kind advice that how i can make it possible
Consul’s Reply:
Gaisar:
Under U.S. law, your son must turn 21 before he can begin the process of sponsoring you for U.S. immigration.

Name: Mr. Michael
City: Johannesburg
Question:  To whom it may concern:
Dear Sir or Maddam,
Goodday, please be so kind as to assist me with the following information, Re: Visa type.
I would like to confirm if tempory workers to the United States of America, placed in the 'Hazmat' Hazardous materialindustry eg. asbestos clean up etc.do they fall under the H2B Catagory?
Please get back to me A.S.A.P. via e-mail, your kind and promp assistance in this regard is highly valued.
Thanking you,
Michael Zibarras.
Consul’s Reply:
Michael:
No.

Name: john 
City: butwulezi   
Question:  Just a quick suggestion it is proper that a u.s. agency should employ spell check There are several typo errors especially in your visa fraud alert section. Kindly revise please. I am not South African but I love the U.S.
Consul’s Reply:
John:
Thank you for the advice, we will be sure to correct the spelling errors and take extra caution to ensure that such mistakes do not occur again.

Name: Tsepiso 
City: Lesotho  
Question:  I would like to know what is required for me to apply for a US visa , I am from Lesotho.
Consul’s Reply:
Tsepiso:
Please see http://maseru.usembassy.gov/visa_services.html.

Name: Sue-Ellen
City: Cape Town  
Question:  Good day Mr Bard.
I have checked the answers to previous questions asked and still have some doubt.
I was issued with a 10 year B1/B2 american visa in 2007. It is valid until 2017. The visa was issued under my married last name of Fredericks.
I have since changed my last name to my maiden name of Andrews and have applied for a new passport.
My question is whether my previous visa will still be valid in my old passport if I travel with both passports even if my last name is different in the new one.
I am scheduled for another business trip in November and need to know whether I need to apply for a new visa.
Thanks and Regards
Sue-Ellen
Consul’s Reply:
Sue-Ellen Andrews:
You may travel with your old passport containing your valid US visa, your new passport, and your divorce decree showing that you have resumed using your maiden name.

Name: Marna 
City: Cape Town   
Question:  I have a 10 year multiple entry visa B1/B2 and married a US citizen in March 2009. My husband already filed a petition for permanent residency on my behalf. I would just like to know whether my multiple entry visa is still valid in other words can I visit him in the US while the case is pending?
Consul’s Reply:
Marna:
Yes, you may still travel to the US on your valid visitor’s visa, but be prepared to demonstrate at the port of entry (for example, with proof of your job and/or other compelling ties) that you are well settled in South Africa for the time being and are not an intending immigrant.

Name: Dan 
City: Johannesburg
Question:  I was in the US living with relatives & trying to study , technically I overstayed & voluntarilly left for South Africa.Would I face any problems now if I want to go visit my family ?
Regards
Dan
Consul’s Reply:
Dan Ngwenya:
We cannot pre-adjudicate any visa application. All applicants for non-immigrant visas have to convince the consular officer at the time of the interview that they will respect US immigration laws and return in a timely fashion. Some overstays, whether the departure was voluntary or not, involve mandatory restrictions on future travel to the United States. Each case is adjudicated at the time of the interview according to the very specific circumstances of an individual’s case.

Name: Charles
City: Durban South Africa  
Question: My son is currently travelling in the US on a B1/B2 visa. Two days ago he lost his South African Passport together with the visa and I94 card.
He has been issued with an emergency South African Passport. He is scheduled to travel next week to the Cayman Islands for two weeks before returning to the US to catch his flight back to SA from New York. I assume he needs a visa to get back into the US.
How can he get a new B1/B2 Visa whilst he is in the US.
Your assistance would be greatly appreciated
Consul’s Reply:
Charles Thatcher:
Your son will need to qualify for a U.S. transit or visitor visa, which he can apply for at a U.S. consular post in the region, for example, the U.S. Embassy in Nassau, Bahamas.

Name: Jay 
City: JHB  
Question:  Have you implemented the biometric FINGERPRINT & EYESCAN system at the consulate & if so. Is it voluntarily or mandatory?
JAY
Consul’s Reply:
Jay:
In applying for U.S. visas, with very few exceptions, everyone between the ages of 14 and 79 must have digital fingerprint scans taken at the time of the visa interview.  We do not have an eye-scan system at this time.

Name: Heinrich  
City: Cape Town  
Question: Good day,
I was in possession of a 10 year US visa, issued in April 2009 – for a business trip to the American Bureau of Shipping. However in July my home was burglared and my password was stolen. I have reported this to the SA Police and Fraud prevention unit. Could you please indicate if I will be allowed to obtain a re-issue of a US visa, seeing that our company is continually conducting Business with the American Bureau of Shipping in regards to approval of saturation diving systems used in the oil and gas industries.
Kind Regards
Heinrich
Consul’s Reply:
Heinrich:
It is most unfortunate to hear about the burglary of your home. However you will be required to apply for a new visa, and please note the following special requirements in addition to the documents listed under the “how to apply” link on this website:
1. A copy of the Police Report explaining the theft of the passport;
2. letter explaining the situation;
3. A photocopy of the visa if available

Wednesday, 23 September

Name: Lori  
City: Des Moines, Iowa
Question:  If the Petitioner US Citizen is living in South Africa and marries a South African national, will you process the visa one step through the consulate, or is the I-130 always required first?
Consul’s Reply:
Lori:
The U.S. citizen will be required to file for I-130 first, and after its approval the foreign national will be able to apply for a visa. This process might take up to six months.

Name: Judi  
City: Durban
Question:  My daughter will be a crew member on the MSC Poesia leaving Italy for Fort Lauderdale at the end of October. The ship then cruises the Caribbean for 6 months returning May 2010. Please can you tell me if there is a special crew visa form to complete as I cannot find it, or whether she uses the regular DS 156 form. She is also a UK and SA passport holder, does it make a difference to the visa if she uses her UK passport to apply? Thank you Judi
Consul’s Reply:
Judi:
There is a slight advantage in using a UK passport to the extent C1/D crew visas for UK citizens can be valid up to 10 years, whereas South African citizens can only receive visas valid up to 5 years.  Otherwise, there are no special application forms for C1/D visa applications.   See the “how to apply” link on this website for information on regular visa application procedures and forms. In support of her visa application it is important that your daughter bring to her appointment an original letter of employment from the cruise line.

Name: Ignatius 
City: Jhb
Question:  I need to visit USA for 4 months Nov to feb 2010 ,I'm a student at Wits.What are the Visa requirements.
thanks
Consul’s Reply:
Ignatius:
Please see FAQ

Name: Johann-Pierre
City: Cape TowN
Question:  Can a South African citizen with a criminal record go work in the USA?
Consul’s Reply:
Johann-Pierre
First you should know that visas allowing work in the USA are only available in certain narrow job categories.  Some offenses for crimes involving moral turpitude or controlled substances can result in mandatory ineligibility that would prevent an applicant from qualifying for a visa to the United States. Other offenses will not prevent an applicant from qualifying for a visa. It all depends on the nature of the offense and sometimes the type of visa applied for. Each case is adjudicated at the time of the interview according to the very specific circumstances of an individual’s case.

Name: James Mason 
City: Durban
Question:  I am a South African who is trying to obtain a 'No Objection' statement from South Africa to allow me to get a waiver of the J1 visa's 2 year home country requirement in order to work in USA for the National Aeronautics and Space Administration NASA. None of the South African governmental departments that I have contacted seem to know anything about this...
Could you please provide me with more information on how to get this or the contact details of the appropriate department.
Thanks in advance,
James
Consul’s Reply:
James:
Please contact the South African Embassy in Washington, D.C.

Name: Smita Bansal 
City: Delhi
Question:  I have a valid US visa for North America.
Now I need to travel to South America. Will the same Visa will hold true for South America as well or do I need to issue a totally new visa from scratch?
Consul’s Reply:
Smita:
Please contact the embassy/ies of the South American country/ies that you intend to travel to for information regarding visa requirements.

Name: Margo 
City: Gauteng
Question: I a US Citizen residing in SA on a temporary spousal visa, I am not giving up my citizenship I am however, applying for permanent residence. I believe this will not affect my US Citizenship? Please advise.
I have two children with my South African Husband. We are planning to go back to the states to visit and plan for the final move back... I am aware of the process for my children and Husband, however, I personally have a few concerns, my US Drivers has expired and my US Passport is due to expire in the next two years. What if anything can I do to obtain my US Drivers while residing in SA, and how can I renew my US Passport from SA? Also, if I go back to the states will is there any issue with me not having a valid drivers upon entry? If I apply for my SA Drivers will I be able to drive state side when I return without having to retake my driving test etc.
Thanking you in advance for your reply.
Consul’s Reply:
Margo:
Please be assured your applying for SA permanent residence will not affect your U.S. citizenship. 

You can renew your U.S. passport at the Consulate in Johannesburg. To make an appointment to come to the Consulate use the following link http://southafrica.usembassy.gov/acs_appointments.html   Please be sure to print out your confirmation as it is also your parking pass to park on the Compound.  Without it the guards will turn you away and you will have to park across the street at the Sandton City Center mall. You will be able to access the appropriate forms using the following link: http://travel.state.gov/passport/forms/forms_847.html.  The forms that you need to complete are the DS-11 and the DS-2029.

You will need to contact your State regarding renewal of your driver’s license.

If you have any further questions, kindly contact us on 011 290 3303/3144/3235.

Name: gregory 
City: thulamahashe in mpumalanga
Question:  please am gregory and want to know the pick n pay shop that i can purchase the telephone appointment pin which R86. please am in mpumalang and have been to a lot of pick n pay shops and it seems they have no idear about the telephone appointment pin.
thank you and counting on your response
Consul’s Reply:
Gregory:
Please contact us directly at 01290-3000 or you may also schedule an appointment on our website www.usvisa-southafrica.com

Friday, 25 September

Name: Lynette 
City: Durban  
Question:  I wish to travel to the USA departing on 17th December 2009. My passport expires on 30th May 2010.
Can I apply for the visa using my current passport? and do I need to have a new passport before I travel 6 month rule?
Consul’s Reply:
Lynette:
A reciprocal agreement between South Africa and the U.S.A. automatically extends the validity of your passport by six months, so yes, your passport will be valid for your travel to the U.S.A. on December 17th.

Name: Linda  
City: Calgary, Canada
Question: “We hope to have a South African visitor to our home in Canada, at the end of October. He has a valid Canadian Visitors Visa. He works on ships and has a C1/D Visa that will expire while he is here. Can he renew his C1/D, in person, at the US Consulate in Calgary, Canada or does he need to return to a South Africa to do that, before he comes to visit us. His plan is to return to his ship after the visit. Thank you kindly, for your attention to my question.”
Consul’s Reply:
Linda:
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 your visitor still wishes to apply in Canada, please visit the following website for information regarding the visa application process:  http://www.consular.canada.usembassy.gov .

Saturday, 26 September

Name: Cindy  
City: Safford, Az USA
Question:  What are the requirements for bringing in the cremated remains of a South African Citizen from the USA?
Thank you
Consul’s Reply:
Cindy:
Please contact the nearest South African Consulate in the US for information regarding your inquiry.

Name: Bruno
City: Durban
Question: I have won selection for the DV-2010 Program. My Confirmation Number: 20XXX and my CASE NUMBER2010XXX
I am a pensioner and meeting all of the requirements to submit forms DS-230 parts 1 and 2 for my wife and myself.
However, investigation has proved that I will not be able to live comfortably in the US on an income of R32,000.
Must I let anyone know that I will not be applying for the green card visa although I have been selected via the lottery.
Thanking you
Bruno
Consul’s Reply:
Bruno:
You should notify the Kentucky Consular Center directly.

Name: Nikki  
City: Monterey, California
Question:  I am living in the USA permanently now for the past 6 years, we are from South Africa. Since December 2008 my husband and I have been having marital problems. Since there is no resolution to the situation, divorce is the only alternative. Can I get divorced in the USA or would we have to return to South Africa to get divorced.
I would really appreciate your advice
Regards
Nikki 
Consul’s Reply:
Nikki:
As long as you and your husband are residing in the US, you may seek a divorce in a U.S. court under applicable state law.