NONIMMIGRANT VISA SERVICES

STEP 1:  LEARN MORE ABOUT U.S. NONIMMIGRANT VISAS

The United States wholeheartedly welcomes foreign visitors who desire to study, conduct business, visit family or simply visit the sights in its very diverse 50 states and territories.  However, we understand that the process of applying for a U.S. visa may appear daunting as you navigate through a complex web of regulations and procedures.  As such, our goal in creating this website is to provide you with as much information as possible in order to prepare you for your upcoming visa application.

In the following paragraphs, we have attempted to answer some of the most common questions we receive from our applicants.  Should you desire more information than what is provided here, we encourage you to follow the links provided at the bottom of this webpage.

·  What is a nonimmigrant visa?

·   How long can I stay in the United States with my nonimmigrant visa?

·   Is my previously issued U.S. visa still valid?

·   Am I required to submit my application in person at the Consular Section?

·   I am traveling to a country other than the United States, but I am required to    transit through a U.S. airport. Do I need a visa?

·   How do consular officials determine whether I am eligible to receive a U.S. visa?

·   My friend/family member in the United States will be paying all of the expenses associated with my upcoming trip. Is this not enough to qualify me for the visa?

·   I do not live in Sierra Leone.  Am I allowed to apply for a nonimmigrant visa at the Consular Section in Freetown anyway?

·   How long must I wait to receive an appointment to interview with a consular officer?

·   I am interested in working in the United States. How can I learn more about obtaining a work permit?

·   Am I eligible to travel to the United States without a visa using the Visa Waiver Program?

·   Where can I find more information about visiting the United States?

 

Q- What is a "non-immigrant visa"?

A- Non-immigrant visas facilitate a TEMPORARY stay in the U.S., for holidays, business, study, temporary work, participation in a conference or exchange program. Should you wish to immigrate to the U.S., a non-immigrant visa is not appropriate. For more information on nonimmigrant visas, including the different types of classifications, please visit the "What is a Visa?" page.

Q- How long can I stay in the United States on my nonimmigrant (B1/B2) visa?

A- The length of time a B1/B2 visa holder is permitted to remain in the United States is at the discretion of the immigration officer who processes the visitor at his/her port of entry. Visitors who wish to extend their stay in the country must formally submit such requests to the Department of Homeland Security before their permitted stay in the country has expired. For more information, please consult the USCIS website.

Q- Is my previously issued U.S. visa still valid?

A- Unless your visa has been cancelled by a United States consular or immigration officer or it has been physically damaged, the visa is valid until the expiration date listed on it, regardless of whether the passport has expired. If the passport containing your valid visa has expired, simply travel to the United States with both your new, valid passport and your expired passport containing your valid visa in hand to present to the U.S. immigration officer upon arrival. Under no circumstances should you attempt to remove the visa from your expired passport and paste it into your new one.

Q- Am I required to submit my application in person at the Consular Section? 

A- U.S. immigration law requires the vast majority of visa applicants to submit their applications in person. Although some categories of applicants may be eligible for a waiver of personal appearance with a consular officer, nearly all applicants must submit biometric fingerprints and therefore must appear in person. This includes applicants with diplomatic or official passports who are traveling to the United States for non-official purposes.

Q- I am traveling to a country other than the United States, but I am required to transit through a U.S. airport. Do I need a visa?

A- Yes. All individuals who plan to transit through the United States, regardless of how long they intend to stay in the airport, must obtain a transit or other valid visa.

Q- How do consular officials determine whether I am eligible to receive a U.S. visa? 

A- There are numerous grounds of ineligibility that can prevent or significantly delay issuance of an individual’s visa. For a list of each of these, please refer to the Department of State's list of ineligibilities.

The most common ground of ineligibility, however, is that an applicant failed to demonstrate that his/her visit to the United States would be only temporary in nature. Section 214(b) of the U.S. Immigration and Nationality Act states: "[e]very alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigant status...." To overcome Section 214(b), applicants must demonstrate that they have a residence and other ties abroad that would compel them to leave the United States at the end of a temporary stay. The law places this burden of proof on the applicant.

Permanent residence and strong ties differ from country to country, city to city and individual to individual. Some examples of ties can be a job, a house, a family, and a bank account. "Ties" are the various aspects of your life that bind you to your country of residence: your possessions, employment, social and family relationships.

During the visa interview, consular officers look at each applicant individually and consider professional, social, cultural and other factors. In cases of younger applicants who may not have had an opportunity to form many ties, consular officers may look at the applicant’s specific intentions, family situations, and long range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

For more information on visa denials under 214(b), please refer to the Department of State's fact sheet on visa denials.

Q- My friend/family member in the United States will be paying all of the expenses associated with my upcoming trip. Is this not enough to qualify me for the visa?

A- No. U.S. law requires all nonimmigrant visa applicants to qualify for the visa on their own, through their own individual circumstances, as outlined above. Under U.S. law, it is not enough to show that your expenses will be covered by your host in the United States. Regardless of the financial situation of your friend or sponsor, you are subject to the same requirements as every other visa applicant.

Q- I do not live in Sierra Leone.  Am I allowed to apply for a nonimmigrant visa at the Consular Section in Freetown anyway?

A- Although we accept nonimmigrant visa applications from all eligible applicants, it may be more difficult for you to qualify for the visa if you are not resident in Sierra Leone. As such, we typically encourage nonimmigrant visa applicants to apply for the visa at the Embassy or Consulate that covers their country of residence.

Q- How long must I wait to receive an appointment to interview with a consular officer?

A- Because of the heavy demand for nonimmigrant visas in Sierra Leone, there is a waiting period for an appointment (for more information on wait times, please refer to the Department of State's webpage on visa wait times.) If you have an emergency or urgent need to travel that will not permit you to wait for a normal appointment, we grant early appointments on a case-by-case, discretionary basis. If no appointment is available prior to the date the applicant must travel, please e-mail the Nonimmigrant Visa Unit at consularfreetown@state.gov or call (232)(76) 515-000 between 2:00 pm and 4:00 pm, Monday through Thursday.

Q- I am interested in working in the United States. How can I learn more about obtaining a work permit?

A- Note that the following information does not apply to certain J-1 (work-study, camp counselor, exchange visitor, etc.) visa applicants.

Most temporary worker categories require the approval of a petition by Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) before you can apply for your visa. The process of obtaining an approved petition can be a complex and time-consuming one, so start early. Be wary of any organizations that advertise quick and easy employment opportunities -- phony schemes intended to defraud Sierra Leoneans abound.

Virtually all temporary work visas require the application process to be initiated by the U.S.-based employer, who files a petition with the Bureau of Citizenship and Immigration Services for permission to hire a foreign worker. If the petition is approved, the applicant receives a form I-797 “Notice of Approval,” the original of which he or she should bring to the Consulate along with the completed visa application.

Each applicant for a temporary worker visa (with the exception of those applying for visas within the H-1, L, R, and O categories) must demonstrate, at the time of his/her application, that they have a permanent residence and other ties abroad which they have no intention of abandoning. To assist in meeting this requirement, you may wish to submit, together with your application, evidence of permanent employment within Sierra Leone (your employer should note whether the position will be open for you after your return), any previous passports containing U.S. visas (even if expired), and evidence of property ownership, if applicable.

For more information on obtaining a temporary worker visa, please refer to the Department of State's guide to working temporarily in the U.S.

Q- Am I eligible to travel to the United States without a visa using the Visa Waiver Program?

A- Only travelers from a select group of countries and who possess the proper documentation are eligible to travel to the United States without a visa.  If you believe you are one of these individuals and would like a complete description of what the Visa Waiver Program is, who is eligible to participate, and what requirements eligible participants must meet, please review the U.S. Department of State’s main travel website at http://www.travel.state.gov/visa/temp/without/without_1990.html.

Q- Where can I find more information about visiting the United States?

A-  Following are links to other websites offering more detailed information on U.S. nonimmigrant visa policies and procedures. Please note that we are unable to accept responsibility for the accuracy of the information you find outside of our website.

U.S. Department of State's Bureau of Consular Affairs - The U.S. Department of State's worldwide website detailing policies and procedures concerning all nonimmigrant visa categories.

"See You in the USA" - An Electronic Journal produced by the U.S. Department of State's Office of Public Diplomacy for nonimmigrant visa applicants and their families.

U.S. Bureau of Citizenship and Immigration Services - The website for the U.S. government agency that administers nonimmigrant policies and procedures within the United States. In addition to providing information on specific visa categories, this website offers guidance on what visa recipients should know once they arrive in the United States.

International Cultural Exchange Visas - A guide for applicants interested in participating in one of the many programs offered within the J-1 visa category.