How the US Diplomats in the Consular Affairs Approach their Jobs, and the Interview Process at the US Embassy
(Article 2: Second in a Series of Articles regarding the challenges of applying for a US Visa)
by Ronald A. Nair, Esq., Attorney at Law

This section will be featured bi-monthly, courtesy of John Clements to educate their clients and the public on US Visa process.

This is the second article in the series regarding visa processing for Non-Immigrant Visas at an US Embassy. If one applies for a non-immigrant visa, such as a visitor’s visa, they would be interviewed most likely by a young Junior Foreign Service Officer who passed a rigorous selection process. They have dreams of being a US Ambassador or Secretary of State, but for the first two to five years of their careers, they are to work at issuing visas. According to the Head of the NIV Unit in Manila, these positions provide a good training ground for enabling these young diplomats to make tough decisions based on incomplete facts.

They are told they are on the frontline of America’s war against terrorism, and that the visa interview is a critical weapon in America’s ability to win the war on terrorism. The new consular officers are warned that they will personally pay the price of issuing a visa to the “wrong” person, which results in a loss of job, disciplinary charges, and even dismissal from the Foreign Service. Thus, interviewing officers have found it a lot easier to say no to and reject a visa application than to listen to applicant’s reason as to why he or she will return home. Consular officers are told that the interview should “elicit pertinent information in order to assess the alien’s qualifications for the visa”. There is a de facto rule that the embassy at least 50% plus of the B-1/2 and other non-immigrant cases have to be rejected. Think of it like a grading curve at school.

The US Consular officer uses a reference a manual known as the Foreign Affairs Manual, or FAM. The main law that the US Consular officer enforces is known in immigration circles as 214(b) where it state that all US Visa applicants [Except of H, L, & E visa applicants] are automatically presumed to want to live the USA permanently, and thus must be rejected, unless they can prove otherwise within the discretion of the consular officer.

The Visa Interview Experience

Since 9/11, all visa applicants with limited exceptions must be interviewed by the US Consular Officer because of US National Security Concerns. This can be a very unpleasant and intimidating experience where the consular offices sits behind a bulletproof window, and after you wait several hours for the visa interview, you have only 3 minutes, or 180 seconds to explain your case. The US Embassy in Manila interviews about 1,000 candidates per day. In this regard, first impressions do matter. Dress the part because how you appear will impact on the consul’s impression of your eligibility for the visa. Second, prepare for the interview in advance by consulting an experienced immigration attorney who would go through practice questions with you and help you articulate your edibility for the visa. And third, understand the basic requirements for the visitor visa & stress the reasons as to why you will return to your home country.

During the interview, you must not elaborate, shout, interrupt, argue & lie with the consular officer, ask unnecessary questions nor volunteer any information that is not requested, nor joke around with the consular officer. What should you do? Be punctual, approach the window, smile, say “good morning”, wait and listen for the first question., give short and simple answers, display confidence in your responses—this is as result of careful preparation—maintain constant eye contact with the consul, and ask the officer to repeat or rephrase the question if you don’t understand. If the consular officer says that the case needs further administrative review, attempt to find out why in order to assist your attorney who would be better in advising you as to your options.

The next article will go into the requirements of a B-1/2 visitor visa and actual sample questions and answers which could cause some problems.