Embassy of the United States

Ask the Consul

Questions and Answers

October 4  to October 10, 2009

 SUNDAY OCTOBER 4

Name: Angie
City: Port Elizabeth 
Question: Good day. I live in Port Elizabeth but will be travelling to Durban to visit family. Am I able to apply for my visa at the Consulate in Durban instead of having to make an additional trip to the consulate in Cape Town? Regards Angie MacNaughton
Consul’s Reply: Angie,
Yes, you may apply in Durban.

Name: Elmien 
City: Charlestown, RI  
Question:  I am a US citizen living in the US. About how long will it take once I petition for permanent residency for my parents SA citizens living in SA before they can actually move to the US?
Here in the States the process takes about a year and a half, but I don’t know what the time line is in SA. 
Consul’s Reply:
Elmien:
In our experience the process normally takes at least 12 months from petition filing to issuance of immigrant visas. Please check the Citizenship and Immigration Services (CIS) website (www.cis.gov) for processing times on immediate-relative immigration petitions.  Following CIS petition approval and transfer of the petition from CIS to the State Department’s National Visa Center (NVC), you and your parents will be asked to obtain and provide certain documents.  Then NVC will schedule an appointment for your parents at the Consulate in Johannesburg. If they are documentarily ready during the interview and the officer determines that they qualify for immigrant visas, then standard processing time will be 72 working hours.

Name: Kyla 
City: Johannesburg
Question:  Hi
I want to travel to the US this Christmas for about ten days.
My South African passport expires in February. Is this going to be a problem?
Should I try renew my passport now?
Consul’s Reply:
Kyla:
No, a reciprocal agreement between South Africa and the United States automatically extends the validity of your South African passport by six months, so the passport will be valid for your travel to the U.S.A. during December 2009 even though it may expire less than six months after you return.

MONDAY OCTOBER 5, 2009

Name: jeremiah 
City: rustenburg  
Question: good morning...
me and my fiancee we are busy with a process of a fiace visa,a 3weeks ago the uscis said they will be sending the packet to the embassy in johannesburg, they even gave me a case numberJHN2009743010,I WANTED TO KNOW IF THE PACKET HAS ARRIVED, IF NOT IS THERE SOMETHING I NEED TO DO?
Consul’s Reply:
Jeremiah:
We will contact you as soon as possible after we receive your petition.  For any further inquiries please contact us at 01290-3000.

Name: Norman  
City: Cape Town 
Question:  Hello ..... can you tell me what procedure I have to go through to transfer my present 10 year US Visa into my new passport please.
I am a UK citizen with a new British passport which is valid until the 4th December 2018 and in my old passport I have a US visa valid until the 6th October 2013 issued in London.
Currently I live just outside of Cape Town.
I have two married children living in the US, both with Green Cards, and have had a vacation home in Florida since 1979. I therefore travel to the US at least twice a year and whilst I carry both of my passports with me this is cumbersome and I would like to transfer my US visa into my new passport.
Is this possible, and if so how do I do it and long would it take as my next visit is at the beginning of December?
Thanking you for your kind reply.
Sincerely ........... Norman . 
Consul’s Reply:
Norman:
Unfortunately, your existing visa cannot be transferred from your old passport and you will have to travel with both passports.

Name: ryan  
City: cape town
Question:  My wifes aunt has come for a visit, she has been staying in arizona for +- 25 years and has 3 kids, the youngest has come down with her, he is an american citizen. The question that i have is that she has travelled down with a South african passport after +- 25 years and her stay has currently been 2 years here already, her husband is trying to get his son back but she seems comfortable here. she was married once before, and he went to jail for contefitting. She is becoming a burden, financially to the family as she is not working, her son wants to go home, and her new husband wants her back, she has a State of Arizona drivers licence, which i thought is only issued to USA citizens. my question is what, if anything can we do to get rid of her?
Consul’s Reply:
Ryan:
Please contact your nearest Department of Homeland Security office for assistance with this matter.

Name: Kim Khan 
City: Johannesburg  
Question: I have a complaint about our treatement at the Johannesburg Consulate. Who can I address the complaint to as I feel our treatment and handling of application has been extremely disturbing for such a supposedly efficient department. Please forward an address urgently.
Thanks
Consul’s Reply:
Kim:
Please address any complaints to consularjohannesburg@state.gov.

Name: Brett 
City: Durban,South Africa  
Question: My temporary passport had my US visa in and it was stolen.i did apply for my main passport and have received it.would it be possible to transfer my US visa from my temporary passport to my main original passport?What do i need to do?Will i have to pay a fee?
Consul’s Reply:
Brett:
Unfortunately, you would be required to apply for a new visa, please refer to the “how to apply” section on this website for information regarding the visa application process, and take note of the following special requirements for stolen passports:
1. A copy of the Police Report explaining the loss or theft of the passport;
2. A letter explaining the situation;
3. A photocopy of the visa if available; and
4. All documents required to apply for a new visa of the same type.

Name: Jaqueline  
City: Bridgewater, NJ, USA
Question: Consular Chief Doron Bard,
I was hoping you could possibly assist me. I’m became a US citizen in June 2004 and petitioned the same year to bring my mother from South Africa to come and live with me in the United States. My mother received her Permanent Resident Card in the latter part of 2004 and stayed with me for 3 years before returning to South Africa in May of 2008. At the time, I was unaware of the fact that we had to file for a re-entry permit Form I-131.
My mother had some medical issues she had to tend to in South Africa and we were hoping to bring her back in May 2010 for a 4 month period of time. With the situation that I just described, what would your recommendation be? For her to just apply for a Visa or is there anything that we can do to validate her Permanent Resident card, since it did cost us a lot of money. My mother currently resides in Bloemfontein and if I could save her a trip to Johannesburg or Pretoria for a Visa, that would be ideal, but I will understand either way.
Thanks so much for your time and attention to this matter. I greatly appreciate it.
Jaqueline
Consul’s Reply:
Jaqueline:
Unfortunately, at this point your mother’s U.S. resident status is no longer valid because she has remained outside the U.S. for more than a year. This means that she will not be permitted admission into the United States on the green card. She may apply for a returning resident immigrant visa if she can demonstrate that she has maintained a domicile in the U.S., only intended to be out of the U.S. temporarily, and had to remain in South Africa for reasons  beyond her control.  If she qualifies for the returning resident visa, she will be re-issued another green card once she returns to the U.S. Alternatively, your mother may apply for a nonimmigrant visa at which time she will be required to relinquish her green card to the U.S. Consulate. Please see the “how to apply” section on this website for information regarding the visa application process.

Name: Sandra
City:  Pretoria
Question: If I have a 10 year b1/b2 US visa, can I study part time in the United States while visiting friends?
Consul’s Reply:
Sandra:
No, you will need to apply for the appropriate visa, please refer to the FAQ section on this website for more information regarding student visas.

Name: Chad 
City: Empangeni
Question:  Hello,
In 2008 my visa was approved to go work in the USA, it was to do farm work, I think it was a H2B visa. I came back to SA on time before the visa expired. But when I came back I went out with a few friends and unfortuantely got caught driving under the influence of alcohol. I pleaded guilty and was given a fine, or imprisonment for ten months, but I managed to pay the fine. If I want to go back to the USA to do the same work on a farm, will I have a problem because of the criminal record? Thank you in advance
Consul’s Reply:
Chad:
Please be advised that we cannot pre-determine the impact that your DUI may have on your visa application. This may be discussed with the consular officer during the visa interview.

TUESDAY, OCTOBER 6, 2009

Name: James  
City: Durban
Question:  Hello,
I am a South African who is trying to obtain a NO OBJECTION STATEMENT from the South African government to allow me to get a waiver of the J-1 visa's 2 year home country requirement in order to work in USA for the National Aeronautics and Space Administration NASA. This statement should state that SA does not object to me going to USA and possibly emmigrating and it should be forwarded to the Waiver Review Division of the State Department.
A contact at the South African consulate in LA tells me that a No Objection Statement is a Police Clearance Certificate in South Africa. Could you please confirm that a police clearance certificate is a satisfactory no objection statement for a waiver application?
The statement then must be forwarded to the Waiver Review Division via the US Chief of Mission, Consular Section. Could you please provide this postal address.
Thanks in advance,
James Consul’s Reply:
James:
No, a police clearance certificate is not the equivalent of a No Objection Statement.  This statement is a document issued by your government agreeing specifically to a prospective waiver of the J1 two-year home country residence requirement.

Name: Cristina
City: Cape Town
Question: My boss has a 10 year VISA however has misplaced the paperwork. Do you have this on record? How do we go about getting new paperwork?
Consul’s Reply:
Cristina:
Please be more specific about the paperwork that is misplaced and direct your inquiry directly to consularcapetown@state.gov

Name: monde 
City: durban
Question:  I want to apply for a visa that will allow me to become an American and join the US Army what steps must i take to do this, even though i have relatives who are Americans.
Consul’s Reply:
Monde:
In order to reside in the US and join the army, you need to have qualified for an immigrant visa. Immigrant visa classes include family, diversity, and employment based visas. For information regarding the diversity visa please access the following link http://www.dvlottery.state.gov. For the employment-based visa categories, which are quite limited, go to this area of the UNCIS web site

Name: Eddie 
City: Johannesburg
Question:  Good Afternoon
I am a dual passpert holder, Portuguese and South African. Can I apply for a B1 OCS Visa using my Portuguese passport?
Thank you
Consul’s Reply:
Eddie:
Yes, you may use your Portuguese passport.

Name: debbie  
City: jhb
Question:  My passport was stolen. It was still valid. I have a police letter. Do I need to apply for a new visa?
Consul’s Reply:
Debbie:
Yes, you would be required to apply for new visa, please see under the link “how to apply” for information regarding the visa application process and take note of the following special requirements for stolen passports:
1. A copy of the Police Report explaining the loss or theft of the passport;
2. A letter explaining the situation;
3. A photocopy of the visa if available; and
4. All documents required to apply for a new visa of the same type.

Name: naila 
City: laore 
Question:  my brother is living in US and he sponcer me in 2003 means he submit applcation .so now before one weak emmbassy send him a leter to submit her sister nd her family document .so plz tel me how long this proces.and when we can g to ammerica
thanks
Consul’s Reply:
Naila:
If your brother filed the necessary petition on your behalf in the United States, it can take several years (presently the waiting period is about ten years) before the petition is forwarded to the overseas post for further processing.

Name: Siviwe  
City: Cape Town  
Question: I am currently registered part-time at the University of Stellenbosch for a masters degree, and working full-time in Cape Town as a Civil Engineer. I, however, want to travel to the USA this December for a holiday taking a month's leave during which I will get a casual job e.g. waitor/bar man. I will at the end of my holiday return to SA to continue my studies and my permanent job. What visa do I apply for? Can I be allowed to apply for a J-1 visa with special conditions that I will return to SA?
Consul’s Reply:
Siviwe:
In order to obtain any of the working visas, you must have obtained a job before you can apply for a visa. Once you have obtained the job, the employer will send you the necessary petition documents in support of your visa application. Your visa type will be determined by the type of petition you have from the employer. Most visas are granted on the basis that you are not an intending immigrant and will return to your home country after your authorized stay in the US has expired.

WEDNESDAY, OCTOBER 7, 2009

Name: Brian 
City: Johannesburg  
Question: I am a LPR working in the USA. I see an answer to a previous question states that There might be a wait of several years if I apply using I.130 to get my wife and child to join me. What are possible reasons for the potential delay, and what is the shortest conceivable time frame in which a visa could be issued to her?
Thanks
Consul’s Reply:
Brian:
Under U.S. law there are annual quotas for immigrant visas in certain categories including spouses and children of permanent residents.
 

Name: Gil R 
City: Tel-Aviv / Johanseburg  
Question:  Dear Sir,
I have 3 children ages: 10, 13, 16 that are living in SA - Johanseburg with thier mom. All three of them have Israeli Passports as addition to the SA Passports. Since they live in JohanseburgHow I would likt to find out how they could renew thier visa to the USA for tourism in their Israeli Passport using your services in SA . I appreciate your respond. Sincerely, Gil R.
Consul’s Reply:
Gil:
Please refer to the “how to apply” section on this website for information regarding the visa application process. In addition to the standard visa application documents, please take note of the extra requirements below:
• Children Under 18:
The parent(s) of a minor child(ren) traveling alone should provide some evidence of consent from the non-traveling parent(s).  Parents of minor children traveling and appearing without both or either parents may provide some form of evidence of consent from the non-appearing parent (e.g. letter of consent, parents’ identity documents etc.).
• Please note that unabridged birth certificates may be requested by the adjudicating officer as evidence of a legal parent-child relationship. Unabridged birth certificates list the names of both parents and are normally not issued when a child is born, they must be specifically requested from the Department of Home Affairs.
• All Applicants: An itinerary if you have made specific travel plans. This must not include purchased plane tickets, as we strongly urge that you not purchase tickets or make irrevocable travel plans before obtaining a visa.

Name: Michelle 
City: Johannesburg
Question: I have a German passport that expires in February 2010. I have to go with my daughter to sort out studies in the U.S next week. Would this passport be accepted or do I have to renew it? I believe I do not need a visa, is this correct?
Consul’s Reply:
Michelle:
Please access the following website to determine if your German passport meets the requirements of the U.S. Visa Waiver Program (VWP) - http://www.usembassy.org.uk/cons_new/visa/niv/vwp3.html.  If your passport does qualify, you must then go to the Department of Homeland Security’s ESTA program at http://cbp.gov/xp/cgov/travel/id_visa/esta/ to apply for ESTA travel clearance online.  If you find that you are not eligible to travel on the VWP, please access the link “how to apply” on this website for information regarding the visa application process.

Name: Mbumba 
City: Pretoria  
Question: Hi,
I am a 24 years old man who would like to enter the green card lottery for 2010 intake but do not know where i can take a picture for this format. You can help me where a can go please.
Consul’s Reply:
Mbumba:
Please note that applications for the Diversity Visa lottery for 2010 have closed in December of 2008. Currently, applications for 2011 may be submitted. I suggest that you read more about photo requirements for the diversity visas at http://www.dvlottery.state.gov. We unfortunately cannot assist you in advising where you can take the picture. However, your pictures should meet the size and color requirements as described on the requirements and instructions on the website above.

Name: Theo 
City: johannesburg  
Question:  Good day: I am a SA citizen and am planning to go to US for a holiday Dec 09/Jan10 with my husband and two kids. The kids do have passports and I have applied for the unabridged birth certificates for them. Our Home Affairs say they will be ready after 2 weeks. I have the proof of application and would like to know if I can use that to apply for the visas as we are trying to book before prices go up.
Consul’s Reply:
Theo:
Yes, you may present the unabridged birth certificate proof of application at the time of the interview.

Name: Magda
City: Pretoria
Question: My daughter was issued with a child passport in 2006 which has not expired yet. However, she turned 18 this year and had to apply for a standard passport. The new passport does not have the same number as the child passport in which her US visa valid until 2016 has been endorsed. Must the visa be re-endorsed in the new passport or can she simply travel with both. Is there a cost involved?
Consul’s Reply:
Magda:
Your daughter may travel with both passports.

Name: Anton 
City: Bloemfontein
Question: Regarding the DV lottery. If one has won the lottery and all the paperwork is submitted, is it required to have a US Citizen/sponsor file an affidavit of support I-864 or I-134? If I have money saved, investments & and assets, can I be refused for not having an Affidavit of Support?
Consul’s Reply:
Anton:
If the assets mentioned above meet the poverty guidelines for 2009, then you will not be required to have a sponsor complete an affidavit of support for you. We will advise you during your final visa interview whether your financial situation meets requirements. Please provide your bank statements reflecting saved money and assets documentation during your interview.

Name: Nicolene
City: Johannesburg  
Question:  Does a new visa have to be applied for in the normal manner if my passport has been lost with a valid visa?
Consul’s Reply:
Nicolene:
Yes, you would be required to apply for new visa, please see under the link “how to apply” for information regarding the visa application process and take note of the following special requirements for stolen passports:
1. A copy of the Police Report explaining the loss or theft of the passport;
2. A letter explaining the situation;
3.
A photocopy of the visa if available; and
All documents required to apply for a new visa of the same type

Name: Jaqueline  
City: Bridgewater, NJ   
Question: How do I secure a 10-year Visa?
Consul’s Reply:
Jaqueline:
Please be advised that we cannot pre-determine the issuance or validity of a visa. This is determined by an interviewing officer at the time of your visa interview. Please see on this website under the link “how to apply” for information regarding the visa application process

Name: Egbert 
City: Cape Town  
Question: Dear Sir. How long before the intended travel date can you apply for a visa? maximum time
Thanks very much.
Consul’s Reply:
Egbert:
You may apply as far in advance of travel as you wish.

Name: Susan 
City: Grand Rapids  
Question:  What is an Article 5 Notice from United States Consulate
Consul’s Reply:
Susan:
If you are referring to Article 5 for adoption purposes, please contact the Citizenship and Immigration Services Office in Johannesburg at 01290-3000. If you are refering to  article 5 for purposes other than adoption please contact us directly at consularjohannesburg@state.gov
 
 
Name: pastor manas  
City: rustenburg 
Question:  i am a pastor in south africa,invited to preach in the U.S. so i need a visa.what must i do and what is required
Consul’s Reply:
Pastor Manas Kabelo:
Please refer to the section “how to apply” on this website for information regarding the visa application process.

THURSDAY, OCTOBER 8, 2009

Name: Christopher  
City: Pietermaritzburg south africa
Question:  My brother died in Charlotte on Monday. He is a south african. I need to come and fetch him and his belongings. I need a visa asap. What do I do and what do I need.
Consul’s Reply:
Christopher:
Please contact the Durban Consulate directly at Consulardurban@state.gov.

Name: Yumna  
City: Cape Town  
Question: Hi there.
I am visiting Toronto, Canada in December, but I'd like to cross over to visit NYC for 4 days. Would I still require a Non-Immigrant Visa?
Thanks, Yumna
Consul’s Reply:
Yumna:
Yes.

Name: Adien  
City: cape town
Question: I am a green card holder. My extension has expired and I need to get home. I spoke with USCIS and they said I must get the re-entry form from you. I do not see any appointment I can make on the website. My flight returns home on Oct 18th 2009 Thank you
Adien Aggenbach 
Consul’s Reply:
Adien:
Please contact DHS directly at 01290-3000 for assistance with this issue.

Name: Michelle  
City: USA
Question:  Hello,
I am currently living in US as permanent resident. My sister is planning to graduate year university in South Africa and is also planning to come and study in USA after graduation. After studying in USA, she will be returning to Japan to work. Will she be rejected for student visa just because her family lives in USA and she will not come back to South Africa?
Please let me know.
Thank you.
I would appreciate it if you can send reply to my email.
Thank you
Consul’s Reply:
Michelle:
Please be advised that we cannot pre-adjudicate visa applications. Your sister’s eligibility will only be determined by a consular officer in the visa interview.

Name: Eun 
City: Pretoria  
Question:  Hello
I am Korean citizen living in South Africa. My family lives in US as permanent resident. I have also applied for my US permanent residence last year. However, I am planning to study in US after my graduation in University in South Africa. Do I have to go back to my homecountry to apply for student visa? Will the embassy reject my student visa because I have applied for US green card?
Thank you for your attention.
Consul’s Reply:
Eun:
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 more information regarding the visa application process. Please note that we cannot pre-determine the impact that your green card application may have on your visa application. This may be discussed with the consular officer during the visa interview.

Name: Darryl 
City: USA
Question: Hello. I am a US citizen and my wife is a citizen of South Africa. We were married earlier this year and I have recently submitted an immigrant visa petition for my wife. While this is being processed, we would like to start collecting the required documents for the visa interview. Would you provide the contact information and costs for acquiring her birth certificate and police record? Thanks in advance.
Consul’s Reply:
Darryl:
We unfortunately do not provide nor keep contact information for South African government offices. Your wife should visit any Home Affairs office to apply for the unabridged (long version) birth certificate and her nearest Police Station to apply for the police clearance certificate. If you were married in South Africa and have not yet applied for the unabridged marriage certificate (long version which will include details of your marital status prior to the current marriage), then I suggest that she seek the same from Home Affairs.

 
FRIDAY, OCTOBER 9, 2009

Name: michelle  
City: Palo Alto 
Question: hi-
i plan to invite a south african resident to a party in the united states to celebrate the birth of my son. i understand that she will need a visa for this temporary stay and that i need to write an invitation letter. are there any other documents that the consulate needs from me?
thanks,
michelle
Consul’s Reply:
Michelle:   An invitation letter might be helpful to the person applying for a visa.  No further documents from you are necessary.

Name: joe 
City: Cape Town 
Email:  
Question: Hi,
I'm a freelance documentary film maker working on a documentary where the majority of the contributors are in The United States. I shall be applying for an I-visa for media purposes. However I don't have and never had a press card as they are not usually necessary for documentary film making.
Will it still be possible to apply for a media visa with out one?
Kind regards,
Joe.
Consul’s Reply:
Joe:  Yes.  Under the circumstances a press card will not be required.

Name: Mike  
City: Johannesburg 
Question:  Dear Sir
My wife and I would like to explore the possibility of immigrating to the USA. There are as you can imagine many reasons for wanting to do this but in the main it is so that my wife can further her career as dressage judge and teacher. Within the next 2 years she will be a higher level national judge and unable to go any further in SA as the International Equestrian Federation only considers judges from the USA and Europe for their shows. Accordingly she has to pursue her passion outside of SA. For my part I would buy a small business wherever we decide to settle.
Some important facts regarding us are that we are 49 and 41 respectively with no children and we hold Irish/SA citizenships.
The question is where do we go from here? What steps need to be followed and what are the requirements that need to be met on application?
Kind Regards
Mike
Consul’s Reply:
Mike:   Opportunities for U.S. immigration are very limited for those who do not have immediate family members who are U.S. citizens.  Please see http://tinyurl.com/y9ej2sn for information on immigration through employment, as well as  http://www.travel.state.gov/pdf/DV-2011instructions.pdf  for information on the annual Diversity Visa lottery program running until November 30, 2009.

Name: Patrick
City: Witbank 
Question: Good day,
I have never been to the US nor have a familly there, I live in South Africa and would like to visit the US next year when i go on my annual leave. I will pay for my own trip for approximatly 21 days. Will I be granted a visa?
Consul’s Reply:
Patrick:  Sorry but we cannot pre-determine your eligibility.
 

Name: Gerhard Boshuizen 
City: Houston, Texas 
Question:  Hello,
I have been in Houston, Texas for the past 11 months. Recently I lost all my personal documents which included my passport which had my visa / work permit in it. I have been told that I have to come back to Cape Town to get a new visa / work permit issued in my new passport. Can you please explain how I need to do this? Do I have to get a pin number from Pick n Pay? I have booked my flight already back to SA but am unsure how to do this and how long it will take. I also am in situation that I don't have family in Cape Town and it is very difficult to arrange everything while I am in Houston, Texas.
Your assistance in this will be very much appreciated.
Consul’s Reply:
Gerhard:   We do not require that you travel all the way back to South Africa to apply for a visa in your new passport.  You may wish to apply instead at one of our border posts in Mexico or Canada. Please go to
the following instructions:
1. How To Apply For a Visa at a U.S. Embassy or Consulate If You Are a Third Country National Present In The United States, Or Visiting Canada or Mexico
 and
2. Who May Not Apply for a Visa at an Embassy or Consulate at the U.S. Border
for further information.