Frequently Asked Questions

Nonimmigrant Visa Unit

This guide answers some of the most frequently asked questions about U.S. visas. If you have other questions not answered here, you may contact the Visa Information Call Center at 4008-872-333. (For caller in Mainland China)
86-21-3881-4611 (For caller outside Mainland China)*

* The Department of State wishes to advise callers that the charges for international calls are solely the responsibility of the caller. Currently, callers are experiencing significant wait times before reaching a live operator.

How long before I plan to travel should I apply for a visa?

Applicants should apply for visas well before the intended date of travel. Waiting periods for visa appointments can range from a few days to several weeks.  Additionally, your visa may not be issued for a period of time because of post-interview processing. When additional administrative processing is required, the timing will vary based on individual circumstances of each case, but usually takes between one to three months. Therefore, we encourage all visa applicants to call the China-wide Visa Information Call Center at 4008-872-333 to make an appointment as far in advance of their anticipated travel plans as possible. If you are a frequent traveler or someone who may be required to travel on short notice, we encourage you to keep your visa valid and apply to renew your current visa before it expires. Please plan ahead and apply early! Thank you for your cooperation.

Do I need an interview if I have traveled to the U.S. before?

The U.S. Embassy/Consulates, in cooperation with CITIC Industrial Bank, has implemented a drop-off visa application system for repeat travelers to the United States. Travelers whose previous visa has expired within one year may drop off their application at participating CITIC Bank branches throughout China. Applicants using the CITIC system come to the Consulate Wednesday afternoon for fingerprinting and generally experience significantly less wait times than applicants who make an appointment through the Visa Information Call Center.

Business travelers (B1) and tourists (B2) are eligible to use this service. Additionally, exchange visitors (J), students (F), and temporary workers (H) who are applying for a visa to return to the same school, institution or workplace may use this service. In most locations, CITIC Bank charges a non-refundable service fee of RMB 200. The fee may be slightly higher in certain locations.

How do you decide whether or not to issue a visa?

Section 214(b) of the U.S. Immigration and Naturalization Act states:

"Every 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 nonimmigrant status..."

To qualify for most nonimmigrant visas, applicants must meet the requirements of U.S. immigration law. Failure to do so will result in a refusal of a visa under Section 214(b). The most frequent basis for such a refusal concerns the requirement that applicants possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on each individual applicant.

What are strong ties?

Strong ties differ from country to country, city to city, individual to individual. "Ties" are the various aspects of a person's life that bind them to their country or residence: possessions, employment, social and family relationships. Some examples of ties can be a person job and income, a house or apartment, a car, close family relationships, bank accounts, etc. Consular officers are trained to look at each application individually and consider professional, social, cultural and other factors. With 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.

Is a denial under Section 214(b) permanent?

No. If an applicant has new information, which was not presented to the interviewing officer at the time of the first application, or if the applicant's overall circumstances have changed significantly since the last application, a visa may be approved.

Do refused applicants have to wait three to six months before reapplying?

There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate an applicants' qualification for a visa, an application may be resubmitted.

I have heard that it is better to say that I am going for business than for tourism or to see relatives. Is this true?

No. Tell the truth. If applicants' ties to China are adequate to overcome the presumption of immigrant intent (INA section 214b), a tourist visa will be issued. Problems arise if applicants mislead the interviewing officer as to their intent in visiting the United States. Once a misrepresentation is made, it will be difficult to believe other information supplied by the applicant.

If my visa application is denied, would it help to have a high ranking official or an American friend contact the interviewing officer?

No. United States law assigns the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. Additionally, United States law is designed to insulate the decisions in visa cases from outside influences. An applicant can influence a reversal of a prior denial only through presentation of new convincing evidence of strong ties.

Should I use a travel agent or other advisor to help me apply?

The matter is a personal decision for each applicant. However, in most cases it is not necessary for applicants hire a travel agent to assist with a visa application. Travel agents will often charge to fill out forms which are available for free. Our experience shows that many applicants are coached by intermediaries to provide answers which are misleading. While the truthful answer would not have harmed the application, the discovery of a misleading answer often puts the entire application in doubt.

How do I invite my parents to visit me in the U.S.?

We frequently receive questions from Chinese students, workers, and residents in the U.S. who want to know how their parents can qualify to receive visas to enter the U.S. for tourism. In our experience, many of these applicants are eligible for visas, but a significant number overstay or fail to return.

In adjudicating visitor visa applications for parents of Chinese students, workers, and residents, our visa officers tend to focus on factors that help us determine whether the applicants possess compelling ties to China:

• If the applicants have traveled to the U.S. previously, how long did they stay? If they stayed longer than 6 months, did they have DHS approval to do so? (Note: Please have the applicants bring their DHS extension approval notices to their interview).
• If the applicants have traveled to the U.S. previously, how long have they been back in China?
• How many children and grandchildren do the applicants have in China?
• Have the relatives in the U.S. ever returned to China to visit their families as is normal for foreign students, workers, and residents in the U.S.?
• Are the parents active professionally in China; if so, what are their income and the nature of their work?

The answers to these questions relate to whether applicants can fulfill the statutory requirement in Section 101 (a)(15)(B) of the Immigration and Nationality Act to show that they have a permanent residence in a foreign country that they have no intention of abandoning. In other words, persons who are absent from China for periods of a year or so may have trouble showing that they possess social or professional obligations in China that are sufficiently powerful to ensure that they will go home following a temporary stay abroad. Applicants are advised to be ready to address these issues during their visa interviews.

Often, older applicants do not understand why their applications to return to the U.S. a second time are denied, even though DHS approved an extension of stay during their previous visit. Usually, these applicants stayed in the U.S. for a year or more and have been back in China only a short while. Under these circumstances, the applicants have great difficulty establishing that they have compelling social or professional obligations in China sufficient to ensure that they will return to China, thereby making them ineligible to receive another visa. People who find themselves in this situation may wish instead to invite their U.S. relatives to visit them here in China.

If I am a third-country national living in China, can I apply for a Non-Immigrant Visa in Guangzhou?

While there is no prohibition for third country nationals to apply, applicants should be aware that anyone who does not have legal permission to reside in China (residence permit or work visa) AND has been living in our Consular district for at least one year will be unlikely to overcome 214(b). Anyone who does have legal permission to reside in China AND has been living in our Consular district for at least one year should be prepared to show evidence of these facts and will need to demonstrate that they possess a residence in China that he/she has no intention of abandoning. Applicants prove the existence of such a residence by demonstrating that they have ties in China that would compel them to leave the U.S. at the end of the temporary stay.

Who can come with me to the interview?

In general, adult applicants should be prepared to be interviewed alone, one at a time by a consular officer. Minor children may be accompanied by a guardian adult, and at the consular officer's discretion those needing assistance or escort may be interviewed together with another individual. American citizens may not accompany applicants to the interview, but are welcome to attend our American Citizen Hour every Monday from 3:00 - 4:00 p.m.