Ask the Consul (June 26, 2009)
Ask the Consul: Questions and Answers
June 20 - June 26, 2009
Here are the answers to questions received for the period June 20 to June 22.
Saturday, June 20
Name: "Riaan"
City: "Johannesburg"
Question: "I am travelling to the United States for a holiday in August 2009.I have a 10 year multiple entry visa that only expires in 2015 but my passport which has the visa in has expired now in June 2009...I do have a new valid passport already but would just like to know if it will be fine to still travel with the old passport and visa along with my new passport as the new passport has a different number from my old one containing the visa?"
Consul’s Reply:
Riaan:
Your visa is valid provided that it has not been physically cancelled. As long as you are coming to the U.S. for temporary business or pleasure, you may travel with old passports containing valid US visas together with new passports.
Sunday, June 21
Name: "sadie"
City: "Decatur"
Question: “May I know if it is possible to issue a South African senior citizen with a multiple visa to allow him multiple visitations to the United States of America."
Consul’s Reply:
Sadie:
We are unable to pre-adjudicate visa cases before an applicant has attended the interview, as a result we cannot guarantee the issuance and validity of a visa. Please note, however, that around 95% of South African citizens applying are found to qualify for U.S. visitor visas, the vast majority receiving 10-year visas valid for multiple trips.
Name: "Ilze"
City: "Johannesburg"
Question: “1 what is the waiting period for an interview after submission of an application?
2 Who is to go for the interview, the parents or grandmother who is taking a 6 year old boy to visit his aunt in Dallas? Does the child have to accompany the person?
3What documents must the parents / grandmother take with for the interview?
4 Where must the visa be collected from - Pretoria or Johannesburg?
Thanking you”
Consul’s Reply:
Ilze:
1. The current waiting period for a visa appointment is 2-5 working days.
2. The parents will attend the interview on behalf of their son; your son does not need to attend the interview.
3. Please see on this website under the “how to apply” link information regarding the visa application process, in addition please take not of the special requirements for children under the age of 18:
• 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.
Name: "R"
City: "Cape Town"
Question: " I am due to acquire a new C1/D Visa by appointment shortly, and I'd read in your visa information that when applying for a C1/D, an addition may be made for a B1/B2 request as well, and both of these for the single deposit fee. Is that true?
Secondly, since I've made a few U.S. acquaintances in my seafaring experience, SHOULD I add the B1/B2 as a special request to the consular officer at my interview, as a wise move to permit me flexibility of, for example, spending a few weeks with a friend in the U.S. at the point of completion of a sea contract and before heading home? Many thanks indeed."
Consul’s Reply:
R:
Yes, if you apply for a C1/D, and you request a B1/B2 at the same time, only one fee payment is required. Please note that you will still need to qualify for both visas independently. This does not automatically confirm issuance of both visa classes.
Name: "Shaneel"
City: "Johannesburg"
Question: “I have a 10 year US visa valid till 2015 but the passport it is in has no more pages left. I have now have a new passport. Do I have to transfer the visa to my new passport- please advise"
Consul’s Reply:
Shaneel:
Your visa is valid provided that it has not been physically cancelled. As long as you are coming to the U.S. for temporary business or pleasure, you may travel with old passports containing valid US visas together with new passports.
MONDAY, JUNE 22
Name: "Carl"
City: "Krugersdorp"
Question: "What does a holder of a valid British passport, living in South Africa, require to enter the US?"
Consul’s Reply:
Carl:
Please access the following website for information regarding travel on the Visa Waiver Program: http://travel.state.gov/visa/temp/without/without_1990.html. Note that only United Kingdom passports notated with “British Citizen” are eligible for VWP admission. Holders of passports indicating that the bearer is a British Subject, British Dependent Territories Citizen, British Overseas Citizen or British National (Overseas) do not qualify for VWP travel.
Name: "Ewan"
City: "Johannesburg"
Question: “I applied for my B1/B2 visa in Calgary Canada where I have a 3 year work permit. The waiting time for an interview was 60 days. My employer requested an expedited appointment as the meeting with the employer was rather urgent.
I paid my 131 fee to Scotia Bank and had all documents ready.
My employer then returned me to South Africa as he could not pay for my hotel bill waiting in Calgary for 60 days. I am now applying in Johannesburg again, will my Scotia Bank deposit slip be good here in SA. The deposit date was on 04 June 2009?
Regards Ewan"
Consul’s Reply:
Ewan:
No, you will be required to make a new fee at the FNB bank for your visa application here in SA. Please contact the office responsible for appointments in Calgary as to whether the Scotia Bank fee receipt can be transferred to another prospective applicant.
Name: "Roger"
City: "Pretoria"
Question: "Dear Mr. Bard,
Thanks for your valuable time. How long could a person with the B1/B2 visa type stay in the U.S? Is it up to 6 month or could it be more? Thank you very much."
Consul’s Reply:
Roger:
You length of stay in the US is determined at the port of entry by an immigration officer and cannot be pre-determined by a Consular officer.
Name: "farai"
City: "cape town"
Question: “What do I do when I want to visit my friend in the U.S for a couple of weeks?? What sort of visa do I need and what are the requirements needed because I want to travel during the festive season. Please send me info on how I can go about it?
Consul’s Reply:
Farai:
You will be required to apply for a visitor’s visa. Please find on this website under the “how to apply “link information regarding the visa application process.
Name: "Patti"
City: "Knysna"
Question: “Does a 13 year old have to apply in person for a USA Visa, as the website say do not require finger prints, however does not stipulate that she needs to apply in person"
Consul’s Reply:
Patti:
No, she does not need to apply in person, but a parent or legal guardian will normally be required to appear on her behalf.
Name: "Clemente"
City: "Pretoria"
Question: "Can I apply for a US visa online?”
Consul’s Reply:
Clement:
You may schedule your visa appointment online as well as acquire the information regarding the visa application process. However you will be required to attend your visa interview in person. Please access the following website in order to schedule an appointment online: www.usvisa-southafrica.com.
Name: "Lim"
City: "Cape Town"
Question: "Good day.
I have a still valid US visa which was issued pre Sept 11 but this visa is in my old passport. Will I be able to still enter the US with this? I will bring my current passport and the old passport which has the US visa.
Thank you."
Consul’s Reply:
Lim:
Your visa is valid provided that it has not been physically cancelled. As long as you are coming to the U.S. for temporary business or pleasure, you may travel with old passports containing valid US visas together with new passports.
Name: "Taryn"
City: "Cape Town"
Question: "Is my 10 year US visa still valid expires 2018 even though my surname and passport number have changed due to marriage? If so, besides travelling with both my new and old passport which contains my US Visa do I need to travel with any other documentation?"
Consul’s Reply:
Taryn:
Yes, you should travel with your marriage certificate.
Name: "Alice"
City: "Johannesburg"
Question: "Good Day,
I obtained a B1/B2 in August 2008 that is valid for 10 years. I travelled to the US in 2008 for a visit. I have subsequently married my American husband and we are in the process of applying for a Spousal Visa. Would the previous B1/B2 visa be valid for a short holiday/visit to my husband or would I have to apply for a new one with my new married status/surname etc? Thank you for your reply."
Consul’s Reply:
Alice:
Your visa is valid provided it has not been physically cancelled and you can demonstrate by objective evidence that you continue to have compelling family, social and/or economic ties to South Africa to ensure that your upcoming stay in the U.S.A. will be temporary. If you have obtained a new passport in your married name, please travel with your marriage certificate, old passport containing valid US visa and new passport in your married name.
Name: "Mary"
City: "Witbank South Africa"
Question: “I have a Permanent Resident Card Issue date 106-05. My husband is working in South Africa. I am traveling with him can I apply for my US Citizenship in South Africa? "
Consul’s Reply:
Mary:
Please see website for questions on the naturalization process including in situations where the person to be naturalized has been residing outside the U.S.A.
Name: "Leigh"
City: "Benoni"
Question: “is it possible to travel to the USA for a vacation, on a visa that will expire 2 days after I get there?"
Consul’s Reply:
Leigh:
Yes, you may travel on your visa that expires two days after you arrive in the US. This is due to the fact that your stay in the US is not determined by the validity of your visa but by an immigrant officer at the port of entry.
Name: "Kevin"
City: "Port Elizabeth"
Question: “I have a B1/B2 visa & work offshore in the oil business. I have just been informed by a possible employer that I require a B1 OCS visa. Is my B1/B2 sufficient to work in the Gulf of Mexico or do I have to re-apply for a B1 OCS?"
Consul’s Reply:
Kevin:
Please be advised that you will be required to apply for a B1 OCS visa as you cannot travel on a regular B1/B2 for work offshore. Please see on this website information regarding the visa application process under the link ‘how to apply.” In addition, your employer will need to provide you with an exemption letter from the U.S. Coast Guard in support of your visa application.
Name: "C Fry"
City: "28170 USA"
Question: “I have a current HB visa and am working in USA. Two years ago I applied for a green card. In order to have a summer vacation, for 1 week, outside of the USA how do I go about getting a visa stamped in my passport in order to meet with immigration requirements to return to USA?"
Consul’s Reply:
C Fry:
Please see on this website information regarding the visa application process under the “How to Apply” link. In addition to the documents mentioned in the link, your employer should ensure that a record of the approved petition is available on the relevant Department of State database known as “PIMS.”
Name:
City:
Question: "My country Eritrea currently does not have an American Embassy. Will I be permitted to apply for a visa while visiting Johannesburg? Or does the fact that there isn’t one in my country mean that I cannot visit USA?"
Consul’s Reply:
There is in fact a U.S. Embassy in Asmara, Eritrea, which accepts applications for nonimmigrant visas.
Name: "Liliana"
City: "Orlando"
Question: "Dear Counsel:
I kindly request you to respond us the following question:
We have a client who has an approved L-1A Visa. His daughter went back to South Africa to finish her studies. Her daughter wants to come to back to USA under an L-2 Visa. However At this moment, her father will not be able to travel to South Africa to request a visa for her, due to his work's responsibilities.
Can my daughter’s client request an L-2 Visa without her father who is the principal of the L-1A?
Thank you in advance. Liliana
Consul’s Reply:
Liliana:
Yes, assuming she is under 21 she may apply for an L2 visa without her father attending the visa interview. In addition to the usual application requirements, she will be required to provide proof of her father’s current employment and L1A status in the U.S.A.
Name: "Tania"
City: "Cape Town"
Question: "What is the maximum duration of stay in the US for South Africans visiting the US with a non-immigrant visa? I want to ensure that I remain within these dates and buy my ticket accordingly."
Consul’s Reply:
Tania:
Your length of stay in the US is determined by an immigrant officer at the port of entry.
Name: "Fila"
City: "Potchefstroom"
Question: “how can you extend your J1 visa if it has been expired?"
Consul’s Reply:
Fila:
You will be required to obtain a new DS-2019, if it has expired and follow the visa process in order to obtain a new J1 visa. Please find on this website under the link” how to apply” information regarding the visa application process.
Name: "Val"
City: "Somerset-West"
Question: “Dear Sir,
I have a son living in San Diego, married to an American girl and has a green card. I would appreciate it if you could let me know what I must do to be able to obtain a green card also as I would love to go and live there. I have been held op once by gunpoint, 3 shops I went to were held up, I do not feel save here anymore and are considering moving there. Yours faithfully"
Consul’s Reply:
Val:
Your son will need to be a U.S. citizen before he can file for you. Your son merely having a green card will not enable you to join him.
Name: "Ronald"
City: "Talladega, Alabama USA"
Question: “My wife to be is in Pretoria, South Africa. What can I do to help expedite her visa? Thanks for your help.Ronald Trimm Her name is Christy..."
Consul’s Reply:
Ronald:
The answer depends on whether you and your fiancée plan to get married in the U.S. or elsewhere. If in the U.S., you should be eligible to file a K1 fiancée petition for her at this time with U.S. Citizenship and Immigration Services (USCIS). See website for further information on the K1. If you will be getting married in South Africa or another country, after the marriage takes place (and only then) you will be able to file an IR1 spousal petition with USCIS. See website for further information on the IR1.