U.S. visa applications are submitted electronically through the Consular Electronic Application Center (CEAC) website. They must be prepared in English and must be signed and submitted by the applicant (not by their attorney). We can assist our clients with visa applications, either through screen sharing technology, or by reviewing the client’s saved application on the CEAC website.
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Past Immigration Issues
Both the Form DS-160 (for nonimmigrant visas) and the Form DS-260 (for immigrant visas) ask: “Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?”
The applicant’s visa history will be visible to the consular officer at the visa interview. It is necessary to answer “yes” to this question if the applicant has been refused a visa in the past, even if the refusal was temporary (such as due to missing documents) and the visa was later granted.
The applicant should be prepared to explain the circumstances of any such refusal at the interview, without their lawyer present (since lawyers cannot attend visa interviews).
Past US Travel
Both forms ask: “Have you ever been in the U.S.?” The scope of this question includes trips as a child, trips to U.S. territories such as Guam, and any time spent in the U.S. without legal status.
Arrests and Convictions
Both forms ask a variety of questions regarding criminal history, including “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?”
All past arrests and convictions must be disclosed, even if they have been expunged or are otherwise legally invalid, and whether they occurred in the U.S. or overseas.
It is also important to realize that “arrest” may be interpreted broadly, and does not necessarily require the person to spend time in jail. Any time in custody without freedom to leave may be considered as an “arrest.”
Social Media Accounts
Both forms ask the applicant to disclose their social media usernames. Consular officers can conduct their own social media check and reject an application that has omitted accounts, so it is important to provide a complete list.
Visa-Specific Information
Certain visa categories require the applicant to submit additional information.
Applicants for E-1 and E-2 visas must provide a profile of the U.S. business and its foreign parent, and disclose information regarding all of the executive, managerial, and specialist employees of the business in the US, including their visa or green card information if they are not U.S. citizens.
Applicants for K-1 visas are required to provide information regarding their U.S. fiancee. It is very important that the parties are not married both at the time of the visa application and entry to the U.S., so the applicant must be careful not to characterize the fiancee as a spouse, or conduct any procedure in their home country that creates a legal marriage.